Here’s a piece in the NY Post about FBI informers entitled, “The FBI is made of snitches, often trapping Americans into committing crimes.” Very timely, for obvious reasons. An excerpt:
[The FBI has] become an organization of snitches and spies, borderline entrapping the angry and the weak-minded into committing crimes. Nearly a decade ago, New York Times’ David K. Shipler listed a series of would-be terrorist plots thwarted by the FBI — only to find that the vast majority of them were facilitated by agents and informers posing as terrorists themselves. They even chauffeured some of the suspects to the would-be crime scenes themselves, only to foil the “plot” at the last minute.
Note, by the way, that back then it was a liberal outfit like the NY Times that seemed aware of the strong possibility that the plot would not have been fleshed out but for the FBI, even though at this point the Times seems to be ignoring the issue. The reason for the switch is obvious. Back then the victims were Muslim terrorist wannabees, and now they are Trump supporters.
I recall that back then, sometimes it seemed to me that the accused might have been led in their plots by the FBI. That was disturbing, but at the time I assumed – wrongly, I now believe – that the FBI was only doing this to people who were determined to commit such crimes on their own and that the agency was probably not overstepping for the most part.
The legal defense of entrapment for defendants is skewed towards empowering the authorities and making it very very hard for the accused to use it as a defense. See this:
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government’s use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort “that would blind the ordinary person to his legal duties,” United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government’s behavior was such that “a law-abiding citizen’s will to obey the law could have been overborne”); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created “a substantial risk that an offense would be committed by a person other than one ready to commit it”).
Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant “was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime.” Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: “the ready commission of the criminal act,” such as where a defendant promptly accepts an undercover agent’s offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.
My interpretation of this – and granted, I’m not an expert – would be that “predisposition” would be deemed to have been present even if that predisposition was only a bunch of bragging hot air blather that would never have turned into an act but for the organizing help and motivation provided by FBI agents. Yes, undercover agents need to be able to infiltrate terrorist groups, but they shouldn’t be the movers and shakers therein, egging the other participants on.
And yet I believe that happens all too often. And now that the left is in the driver’s seat in the FBI and the DOJ, it’s being used to silence and intimidate and punish their political enemies on the right.
I’ll give the last word to the Babylon Bee, which has an article with this title: “FBI Discovers Building Full Of Dangerous Extremists Organizing Acts Of Terror Across Country”:
In a shocking twist, the organization is headquartered right in Washington, D.C., at the J. Edgar Hoover FBI building.
The group was uncovered after FBI agents began tracing most of the terror plots in this country back to one giant organization. “This is bigger than any of us realize,” said the founder of the FBI, Bob FBI. “It’s all connected. Pretty much every terror plot of the last few decades was being encouraged in secret by this one giant, shadowy organization. But rest assured, we’re going to make sure these guys pay for what they’ve done to our country. No one hatches terror plots under our watch.”
Funny, but sad.