Monday, June 26, 2006

Liberty City case: another Bush scam?

Liberty City case: another Bush scam?
Bob Moss

The "Liberty City Seven" have dominated the news since Thursday. Blowing up the Sears Building in Chicago, along with assorted FBI offices, federal prisons; killing enough Americans to surpass the September 11 attacks--just the stuff to scare Americans back into supporting the sagging George W. Bush.

Mark Hosenball, investigative correspondent for Newsweek, speaking on WNYC's Brian Lehrer show, dismissed any such talk as consiracy theorism, unworthy of comment. He doesn't seem to be cognizant of Bush's unbroken record of lies, nor of the specious nature of virtually all of Bush's terror prosecutions.
The very scope of the things these seven were supposed to be up to is the first red flag. They were, if you believe Alberto Gonzales, far more ambitious than that wimp Osama bin Laden. Then there's the indictment, a bizarre document(1) in which defendants bearing names such as Rotschild Augustine think they can bring down the Sears Tower with light infantry troops.

That's right. On or about December 22, 2005, purported ringleader Narseal Batiste "outlined his mission to wage war against the United States government from within, using an army of his 'soldiers' to assist in destroying the Sears Tower in Chicago, Illinois."(2) That wasn't ambitious enough, so on or about December 29, the plot became one to "take down the United States".(3) To properly equip his "army" for the task of toppling the Tower, Batiste gave the informant "a list of materials and equipment needed in order to wage jihad, which list included boots, uniforms, machine guns, radios, and vehicles,"(4) and was later expanded to include binoculars, bullet proof vests, and $50,000 cash.(3)

Machine guns to bring down a skyscraper? Where are the heavy-duty explosives? Where is the plan to enter the building by stealth and plant them? Either the informant or the defendants were hallucinating. Defendant Lyglenson Lemorin's family told the Atlanta Journal-Constitution that the group was practicing witchcraft (see story below). But what fascinates me is that the defendants' alleged military mindset matches almost precisely the law-enforcement mindset that has wasted so many of our "anti-terror" dollars since 2001.

At least around the New York area, the September 11 attacks brought such useless-against-terror tactics as helicopters patrolling the skies and police, even soldiers, standing guard in Penn Station with rifles. Law enforcement doesn't seem to have noticed that the hijackers did not force their way onto the targeted airplanes. They did employ force to take over the cockpits, but the succesful ones used stealth to crash into the World Trade Center and Pentagon--the passengers could have overwhelmed them, as we all know, but didn't, because they thought they were merely going to Cuba for a while.

Stealth is what terrorism is all about. Just look at all the bombings in Iraq. And back home, who thinks a squad, platoon, company, brigade, whatever of terrorist troops is going to storm a dam? No one--but terrorists might try to plant bombs by stealth, or drive over a bridge at night and dump concentrated poison into the water supply, or somehow sneak poison into the food supply, or sneak a nuclear weapon into a port in a container ship. Think of all the things you've been told terrorists might do. So what have these military counter-measures been for? Were they anticipating the Liberty Seven? Or is that just the way law enforcement thinks, both when deploying counter-measures and trumping up charges?

Returning to the indictment, we find that the only actual act done to further the alleged Sears Tower attack was to (don't laugh) "take possession" of an unspecified number of military boots from the informant.(5) However, we then find that Mr. Batiste's equipment list undergoes a drastic change. Perhaps realizing that a proper terrorist must take pictures of the target, as any tourist who looks like an Arab already knows, he asks the informant to supply him with a video camera.(6) Talk about a shoestring operation! They couldn't even afford a camera! Not only that, Batiste asked the informant to travel to Chicago with him (ibid). Such confidence! Unsure of his ability to find Chicago from Miami, the plotter attempted to engage a guide!

Far more likely, the informant realized that combat boots don't constitute good evidence of a terrorist plot, and suggested video surveillance of targets. The informant didn't see any need to go to Chicago, however, because the rest of the indictment is centered around Miami.

On or about March 16, 2006, the defendants met with the informant "at a warehouse in Miami Dade County, where a plot to bomb Federal Bureau of Investigation buildings in five cities was discussed."(7) We are not told whose plot. One of the most important tactics in the fight against Bush is to look for the dog that doesn't bark. Whose plot was this?

If we look back to the "manner and means" of the conspiracy, we find that the defendants "supported a purported mission of al Qaeda to destroy FBI buildings within the United States. The means of such support included taking photographs of the FBI Building in North Miami Beach, Florida, as well as video and photographs of other federal buildings located in Miami-Dade County, Florida."(8) In other words, the plot to bomb FBI buildings was a phony one presented to the defendants by the informer, who encouraged them to help. In other words, the informant entrapped them.

From here it's all down hill for the Government. The defendants appear to be spoon-fed every step. The informant gives Batiste a video camera, and the latter promises to obtain "good footage" of local FBI buildings.(9) A week later Batiste decided he needed a rental van to get his good footage, and asked the informant for one.(10) As we shall see, it is more likely that the impatient informant pressed Batiste for the "good footage", and Batiste replied by saying he needed a van.

The next day, the informant accompanied Batiste and Patrick Abraham as they drove past the FBI building and National Guard Armory.(11) But if you think being a terrorist is easy, look at what else they had to accomplish that day: the informant accompanied the two as they went "to purchase a memory chip for a digital camera to be used to take reconnaissance photographs of the FBI building."(12) Either the plotters couldn't buy a memory chip unsupervised, or they just didn't do anything without being pushed by the informant.

The informant eventually received "photographs and video footage" of various facilities,(13) and "reviewed and discussed" them with the defendants,(14) but pushing this "army" was apparently like pushing a string. On or about May 24, 2006, Batiste told the informant ”that he was experiencing delays because of various problems within his organization but that he wanted to continue his mission and maintain his relationship with al Qaeda."(15) Yeah, right. Problems, like, there is no organization. Ladies and Gentlemen, we have here an indictment with all the marks of another spurious Bush prosecution.


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1. Available, in a most inconvenient format, on the Findlaw website. A manually-typed copy, with some formalities omitted, is attached.
2. Count 1, overt act 4.
3. Count 1, overt act 7.
4. Count 1, overt act 3.
5. Count 1, overt act 6.
6. Count 1, overt act 12.
7. Count 1, overt act 15.
8. Item 3. Law enforcement's English skills could stand some polishing: alliterative juxtapositions such as "supported a purported" should be avoided, except when done deliberately for special effects.
9. Count 1, overt act 17.
10. Count 1, overt act 18.
11. Count 1, overt act 20.
12. Count 1, overt act 21.
13. Count 1, overt act 23.
14. Count 1, overt act 25.
15. Count 1, overt act 26.


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 06-20373

18 U.S.C. §2339B

18 U.S.C. §2339A

18 U.S.C. §844(n)

18 U.S.C. §2384

UNITED STATES OF AMERICA

v.

NARSEAL BATISTE,

a/k/a “Brother Naz,”

a/k/a “Prince Manna,”

PATRICK ABRAHAM,

a/k/a “Brother Pat,”

STANLEY GRANT PHANOR,

a/k/a “Brother Sunni,”

NAUDIMAR HERRERA,

a/k/a “Brother Naudy,”

BURSON AUGUSTIN,

a/k/a “Brother B,”

LYGLENSON LEMORIN,

a/k/a “Brother Levi,”

a/k/a “Brother Levi-El,”

and

ROTSCHILD AUGUSTINE,

a/k/a “Brother Rot,”

Defendants.

. . . .

COUNT 1

From at least as early as in or about November, 2005, the exact date being unknown to the Grand Jury, and continuing until on or about the date of the return of this Indictment, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants. . .together with others unknown to the Grand Jury, did knowingly combine, conspire, confederate, and agree to provide material support and resources, as that term is defined in Title 18, United States Code, Section 2339(A)(b)(1), to a Foreign Terrorist Organization, that is, al Qaeda, by agreeing to provide personnel, including themselves, to work under al Qaeda's direction and control, knowing that al Qaeda has engaged or engages in terrorist activity, as that term is defined in Title 8, United States Code, Section 1182(a)(3)(B).

MANNER AND MEANS OF THE CONSPIRACY

The manner and means by which the conspirators sought to accomplish the purpose of the conspiracy included, among others, the following:

1. NARSEAL BATISTE recruited and supervised individuals in order to organize and train for a mission to wage war against the United States government, which included a plot to destroy by explosives the Sears Tower in Chicago, Illinois.

2. In order to obtain funding and support for the mission to wage war against the United States, NARSEAL BATISTE and other conspirators attempted to obtain the support of al Qaeda.

3. In order to obtain such funding and support from al Qaeda, the conspirators pledged an oath to al Qaeda and supported a purported mission of al Qaeda to destroy FBI buildings within the United States. The means of such support included taking photographs of the FBI Building in North Miami Beach, Florida, as well as video and photographs of other federal buildings located in Miami-Dade County, Florida.

OVERT ACTS

In furtherance of the conspiracy and to achieve the purpose thereof, at least one of the conspirators committed and caused to be committed, in the Southern District of Florida and elsewhere, at least one of the following overt acts, among others:

1. On or about December 16, 2005, NARSEAL BATISTE met in a hotel room with an individual known to the Grand Jury who was purporting to be a member of a foreign terrorist organization later identified as al Qaeda (hereinafter the “al Qaeda representative”).

2. On or about December 16, 2005, NARSEAL BATISTE told the “al Qaeda representative” during a meeting that he was organizing a mission to build an “Islamic Army” in order to wage jihad.

3. On or about December 16, 2005, NARSEAL BATISTE provided the “al Qaeda representative” with a list of materials and equipment needed in order to wage jihad, which list included boots, uniforms, machine guns, radios, and vehicles.

4. On or about December 22, 2005, during a subsequent meeting with the “al Qaeda representative,” NARSEAL BATISTE outlined his mission to wage war against the United States government from within, using an army of his “soldiers” to assist in destroying the Sears Tower in Chicago, Illinois.

5. On or about December 22, 2005, NARSEAL BATISTE provided the “al Qaeda representative” with a list of shoe sizes for the purchase of military boots for his “soldiers.”

6. On or about December 29, 2005, NARSEAL BATISTE met with the “al Qaeda representative” and took possession of military boots from the “al Qaeda representative.”

7. On or about December 29, 2005, during this meeting, NARSEAL BATISTE again detailed his plot to take down the United States, destroy the Sears Tower, and provided the “al Qaeda representative” with another list of necessary materials and equipment which included radios, binoculars, bullet proof vests, firearms, vehicles, and $50,000 cash.

8. On or about January 28, 2006, PATRICK ABRAHAM, NAUDIMAR HERRERA, ROTSCHILD AUGUSTINE, and the “al Qaeda representative” met at a location in Miami-Dade County in order to exchange cars prior to driving to Islamorada, Florida, for a meeting with NARSEAL BATISTE.

9. On or about January 28, 2006, PATRICK ABRAHAM and NAUDIMAR HERRERA, as well as STANLEY PHANOR who followed in a second vehicle, transported the “al Qaeda representative” to Islamorada, Florida, in order to meet with NARSEAL BATISTE.

10. On or about February 19, 2006, NARSEAL BATISTE and PATRICK ABRAHAM met with the “al Qaeda representative” at an apartment in Miami-Dade County, Florida.

11. On or about February 19, 2006, during the meeting, NARSEAL BATISTE told the “al Qaeda representative” that he wanted to attend al Qaeda training, along with five of his soldiers, during the second week of April and further detailed his mission to wage a “full ground war” against the United States in order to “kill all the devils we can,” in a mission that would “be just as good or greater than 9/11,” beginning with the destruction of the Sears Tower.

12. On or about February 19, 2006, during the meeting, NARSEAL BATISTE told the “al Qaeda representative” that he needed a video camera for a trip to Chicago and asked the “al Qaeda representative” to travel with him.

13. On or about March 10, 2006, NARSEAL BATISTE and LYGLENSON LEMORIN met with the “al Qaeda representative” in Miami-Dade County, Florida.

14. On or about March 10, 2006, during this meeting, NARSEAL BATISTE swore an oath of loyalty to al Qaeda in the presence of LYGLESON LEMORIN and the “al Qaeda representative.”

15. On or about March 16, 2006, NARSEAL BATISTE, PATRICK ABRAHAM, STANLEY PHANOR, NAUDIMAR HERRERA, BURSON AUGUSTIN, LYGLENSON LEMORIN, and ROTSCHILD AUGUSTINE attended a meeting with the “al Qaeda representative” at a warehouse in Miami Dade County, where a plot to bomb Federal Bureau of Investigation buildings in five cities was discussed.

16. On or about March 16, 2006, during this meeting, PATRICK ABRAHAM, STANLEY PHANOR, NAUDIMAR HERRERA, BURSON AUGUSTIN, LYGLENSON LEMORIN, and ROTSCHILD AUGUSTINE each swore an oath of loyalty to al Qaeda.

17. On or about March 16, 2006, during this meeting NARSEAL BATISTE took possession of a digital video camera from the “al Qaeda representative” and said that within a week he would obtain “good footage” of the FBI building in North Miami Beach, Florida.

18. On or about March 23, 2006, NARSEAL BATISTE asked the “al Qaeda representative” for a rental van to be used by himself and his conspirators to take reconnaissance photographs and video of the FBI building.

19. On or about March 24, 2006, NARSEAL BATISTE and PATRICK ABRAHAM met with the “al Qaeda representative” in Miami-Dade County, Florida.

20. On or about March 24, 2006, PATRICK ABRAHAM drove NARSEAL BATISTE and the “al Qaeda representative” by car past the FBI building and the National Guard Armory in Miami-Dade, Florida.

21. On or about March 24, 2006, NARSEAL BATISTE and PATRICK ABRAHAM traveled with the “al Qaeda representative” to a store in Miami-Dade County, Florida, to purchase a memory chip for a digital camera to be used to take reconnaissance photographs of the FBI building.

22. On or about March 26, 2006, NARSEAL BATISTE and BURSON AUGUSTIN met with the “al Qaeda representative” at a warehouse in Miami-Dade County, Florida.

23. On or about March 26, 2006, during this meeting, NARSEAL BATISTE and BURSON AUGUSTIN provided the “al Qaeda representative” with photographs of the FBI building, as well as photographs and video footage of the James Lawrence King Federal Justice Building, federal courthouse buildings, the Federal Detention Center, and the Miami Police Department, all located in Miami-Dade County, Florida.

24. On or about March 26, 2006, during this meeting, NARSEAL BATISTE further discussed with the “al Qaeda representative” the plot to bomb the FBI building.

25. On or about April 6, 2006, NARSEAL BATISTE, STANLEY PHANOR, and BURSON AUGUSTIN met with the “al Qaeda representative” to review and discuss the photographs of the FBI building, as well as photographs and video footage of the James Lawrence King Federal Justice Building, federal courthouse buildings, the Federal Detention Center, and the Miami Police Department.

26. On or about May 24, 2006, NARSEAL BATISTE told the “al Qaeda representative” that he was experiencing delays because of various problems within his organization but that he wanted to continue his mission and maintain his relationship with al Qaeda.

All in violation of Title 18, United States Code, Section 2339B.

COUNT 2

1. The general allegations section and overt acts set forth in Count 1 of this Indictment are re-alleged and incorporated by reference as if set forth fully herein.

2. From at least as early as in or about November, 2005, the exact date being unknown to the Grand Jury, and continuing until on or about the date of the return of this Indictment, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants. . . together with others unknown to the Grand Jury, did knowingly combine, conspire, confederate, and agree to provide material support and resources, as that term is defined in Title 18, United States Code, Section 2339A(b)(1), that is, by agreeing to provide personnel, including themselves, knowing and intending that they were to be used in preparation for, and in carrying out, a violation of Title 18, United States Code, Sections 844(f)(1) and 844(i), and to conceal and disguise the nature, location, source and ownership of such material support and resources. All in violation of Title 18, United States Code, Section 2339A.

COUNT 3

1. The general allegations section. . .

2. From at least as early as in or about November, 2005, the exact date being unknown to the Grand Jury, and continuing until on or about the date of the return of this Indictment, in Miami-Dade County. . .the defendants. . .together with others unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate, and agree to maliciously damage and destroy by means of an explosive:

a) a building leased to an agency of the United States, that is, the Federal Bureau of Investigation building, located at 16320 N.W. 2nd Avenue, North Miami Beach, Miami-Dade County, Florida, in violation of Title 18, United States Code, Section 844 (f)(1), and

b) a building used in interstate and foreign commerce and in any activity affecting interstate and foreign commerce, that is, the Sears Tower building located in Chicago, Illinois, in violation of Title 18, United States Code, Section 844(i).

All in violation of Title 18, United States Code, Section 844(n).

COUNT 4

1. . . . .

2. From as early as in or about November, 2005. . .the defendants did knowingly, willfully, and unlawfully combine, conspire, confederate, and agree together and with persons unknown to the Grand Jury, to levy war against the Government of the United States, and to oppose by force the authority thereof, in violation of Title 18, United States Code, Section 2384.