Skip to main content
Part of complete coverage from

Jihadi terror suspect could face tough odds in court

By Peter Bergen, CNN National Security Analyst, and Jennifer Rowland, Special to CNN
updated 10:02 AM EDT, Fri October 19, 2012
STORY HIGHLIGHTS
  • Man from Bangladesh charged with attempting to detonate bomb outside Federal Reserve building
  • Peter Bergen: Jihadists arrested as a result of many law enforcement sting operations
  • He says they haven't succeeded in getting acquittals by using the entrapment defense
  • Bergen: Jihadist terrorism cases have declined steadily since 2009

Editor's note: Peter Bergen, CNN's national security analyst, is a director at the New America Foundation and the author of the new book "Manhunt: The Ten-Year Search for Bin Laden -- From 9/11 to Abbottabad." Jennifer Rowland is a program associate at the New America Foundation, a Washington-based think tank that seeks innovative solutions across the ideological spectrum.

(CNN) -- The man charged Wednesday with attempting to blow up the Federal Reserve Bank of New York, the latest alleged jihadist to be charged in a law enforcement sting, may or may not have had the capability to create a major terrorist incident. But if his case follows the pattern of other similar sting operations, what is clear is that he faces very long odds in court.

Quazi Mohammad Rezwanual Ahsan Nafis, a 21-year-old Bangladeshi from Queens, is accused of plotting to detonate a 1,000-pound bomb outside the Federal Reserve building in Manhattan.

Sounds pretty terrifying. But as acting Assistant FBI Director Mary Galligan explained, "It is important to emphasize that the public was never at risk ... because two of the defendant's 'accomplices' were actually an FBI source and an FBI undercover agent."

Peter Bergen
Peter Bergen

According to the complaint against him, Nafis did travel to the United States by his own account to wage "jihad." But Nafis doesn't seem like the sharpest aspiring terrorist. According to the complaint, Nafis believed that the undercover agent he was talking to had traveled overseas to meet al Qaeda's leadership to get approval for the New York plot during the summer of this year.

Not too many folks are known to have traveled to Pakistan's tribal regions from the United States to meet with al Qaeda's leaders in recent years.

Terror plotting: Bravado or sincerity?

Become a fan of CNNOpinion
Stay up to date on the latest opinion, analysis and conversations through social media. Join us at Facebook/CNNOpinion and follow us @CNNOpinion on Twitter. We welcome your ideas and comments.



Yet Nafis will be quite unlikely to successfully mount a defense that he was entrapped by the feds.

Since September 11, 2001, 207 individuals have been indicted on charges related to jihadist terrorism. Of those, 94 had interacted with an informant or an undercover law enforcement officer in the leadup to their arrest, according to data compiled by the New America Foundation.

Defense attorneys and members of the local community have in many of those cases accused authorities of entrapment, though that claim is rarely used as an official defense, since entrapment is extremely difficult to prove.

Alleged NY terror plot foiled

In one such contentious case in 2004, two imams at a mosque in Albany, New York, Yassin Aref and Mohammed Hossain, became embroiled in an elaborate terrorism plot created entirely by the FBI after Hossain approached a longtime FBI informant to ask about obtaining an illegal driver's license for his brother. Then, after agreeing to launder money that the FBI informant said would be used to buy a surface-to-air missile for terrorists, the two men were tried and convicted and sentenced to 15 years in prison on money laundering and terrorism charges.

Aref -- who spoke broken English -- maintained throughout the trial that he hadn't even known he was laundering money, much less that he was supporting terrorism, and dozens of community members -- Muslim and non-Muslim -- wrote letters to the courts and to local newspapers describing Aref as a devoted father and peace-loving, law-abiding member of society.

However, the odds are stacked against suspects like Aref. Of the 81 jihadist terrorism suspects who have gone to trial since 9/11 in cases involving an undercover agent or informant, every single one has either been convicted or pleaded guilty.

Quazi Mohammad Rezwanual Ahsan Nafis was charged with planning to blow up the Federal Reserve Bank of New York.
Quazi Mohammad Rezwanual Ahsan Nafis was charged with planning to blow up the Federal Reserve Bank of New York.

Entrapment defenses just haven't worked in post-9/11 jihadist terrorism cases.

By contrast, of the 45 non-jihadist terrorism suspects -- who include neo-Nazis, anarchists and anti-government extremists -- who have gone on trial since 9/11 in plots involving undercover agents or informants, the rate of successfully obtaining convictions or guilty pleas was about 77% rather than the 100% conviction rate in jihadist terrorism cases.

New York City Police Commissioner Ray Kelly said Wednesday, "Whether al Qaeda operatives like Iyman Faris or those inspired by them like Jose Pimentel, terrorists have tried time and again to make New York City their killing field. We're up to 15 plots and counting since 9/11, with the Federal Reserve now added to a list of iconic targets that previously included the Brooklyn Bridge, the New York Stock Exchange and Citicorp Center."

But few of these 15 plots were truly threatening to New York.

One of the terrorist suspects Kelly mentioned, Pimentel, allegedly came close last year to completing the construction of three pipe bombs he planned to use against New York police officers and returning U.S. troops, before authorities arrested him.

But the FBI had turned down more than one request from the New York City Police Department to get involved with the investigation because its agents were of the opinion that Pimentel "didn't have the predisposition or the ability to do anything on his own," according to one anonymous law enforcement official.

In fact, multiple acquaintances of Pimentel's told police he was mentally unstable and had once tried to circumcise himself. He had difficulty drilling the holes in the pipe bomb parts that the undercover informant had provided him with and asked an upstairs neighbor to help him. This doesn't sound like a cunning terrorist plotting to wreak havoc on the American public.

Similarly, the other terrorist mentioned by Kelly, Pakistani-American Iyman Faris, was certainly someone who had met with al Qaeda leaders in Pakistan, but the harebrained plan he hatched to bring down the Brooklyn Bridge was to use a blowtorch to burn through the massive steel cables of the bridge, which had no chance of succeeding and which he never attempted.

The good news is that even these not especially threatening cases, like that of Nafis, are becoming increasingly unusual. Since 2009, jihadist terrorism cases in the United States has been on a steady decline, with only three suspected jihadists indicted in 2012, compared with 25 in 2011 and a record 44 in 2009.

Why these jihadists' terrorism cases have so precipitously declined in number is hard to diagnose precisely. But law enforcement efforts, which are well-publicized as in the Nafis case, have surely had a significant deterrent effect, and the ideology of al Qaeda has continued to lose whatever appeal it once enjoyed among a tiny minority of Muslims living in the United States.

ADVERTISEMENT
Part of complete coverage on
updated 8:24 AM EDT, Fri May 24, 2013
Pepper Schwartz says with the constant drumbeat of scandals in armed forces, the military must require education programs to teach men self control, address culture of sexual entitlement
updated 8:30 AM EDT, Fri May 24, 2013
Gayle Sulik says the reason the BRCA1 gene mutation test for breast cancer risk -- the one Angelina Jolie had -- costs so much is that a company owns the gene and sets the price.
updated 10:26 AM EDT, Fri May 24, 2013
John Sutter says the Scouts' plan to welcome gay Scouts but not gay adult Scout leaders doesn't make sense.
updated 9:53 AM EDT, Fri May 24, 2013
Dean Obeidallah, Margaret Hoover and John Avlon's Big Three podcast takes on the New York mayoral race's new candidate, GOP hypocrisy in Oklahoma relief funding and Bloomberg's comment on who shouldn't go to college
updated 9:25 AM EDT, Fri May 24, 2013
Despite dramatic terrorist incidents, the terror threat that led to 9/11 has been defeated, and Obama is right to say the U.S. should move on, says Peter Bergen
updated 9:11 AM EDT, Fri May 24, 2013
The Louisiana governor says there's a common theme in the IRS controversy, the seizure of phone records from The Associated Press, and the efforts to rally support for Obamacare.
updated 8:20 AM EDT, Thu May 23, 2013
Melissa Brymer says children need special attention to recover from the trauma of the tornado, and parents must be patient and calm
updated 7:38 AM EDT, Thu May 23, 2013
Will Marshall says Tim Cook was grilled about Apple's tax practices but the real culprit is a dysfunctional tax system.
updated 9:44 AM EDT, Fri May 24, 2013
Peter Bergen says there's a great deal of misinformation about the counterterrorism policies President Obama will address in a speech Thursday.
updated 8:47 AM EDT, Wed May 22, 2013
Two decades ago, Joshua Prager was one of more than 20 people in a terrible bus crash. The author revisits the scene to see how others have made sense of the event.
updated 4:20 PM EDT, Wed May 22, 2013
Joshua Wurman says tornado deaths can be reduced, prediction and preparedness can be improved, but it's up to individuals to make sure they heed warnings and have a safe place to go.
updated 10:57 AM EDT, Wed May 22, 2013
Ruben Navarette says under Obama, a record number of immigrants have been deported. So why is his drive for immigration reform now in conflict with enforcement officials?
updated 9:34 AM EDT, Wed May 22, 2013
Nathan Gunter says Okies have learned to love the big sky, but also to watch it carefully for signs of trouble: When the sky betrays us, we cope by helping one another.
updated 9:33 AM EDT, Wed May 22, 2013
LZ Granderson says the heroics of teachers who shielded kids in the Oklahoma tornado remind us of what they do for our country
updated 7:26 AM EDT, Wed May 22, 2013
Tornado researcher Louis Wicker says progress is being made on understanding and predicting extreme storms, but if you hear a warning, take cover immediately
updated 7:29 AM EDT, Tue May 21, 2013
The masked henchmen grabbed three fingers on each of the Syrian political cartoonist's hands and pulled them back all the way -- so far that they cracked.
updated 11:22 AM EDT, Mon May 20, 2013
Meg Urry says loss of the failing, planet-finding Kepler satellite would be huge for NASA--but one way or another, it's a matter of time before we find signs of life on other worlds
updated 12:21 PM EDT, Tue May 21, 2013
Yahoo isn't buying a technology company so much as the community that uses it, Douglas Rushkoff says
updated 11:15 AM EDT, Tue May 21, 2013
Joseph Nye says it's far too early to write off the rest of the president's second term because of the IRS controversy, other issues
updated 7:32 AM EDT, Mon May 20, 2013
Elizabeth Dunn and Michael Norton write that people pass up opportunities to spend their money to avoid disagreeable tasks
updated 9:45 AM EDT, Sun May 19, 2013
Bob Greene on how 18th century Americans tried to make sense of the day with no sun
updated 8:57 PM EDT, Fri May 17, 2013
With guest Rep. Keith Ellison, John Avlon, Margaret Hoover and Dean Obeidallah discuss the president's scandal trifecta, hope for immigration and what Jolie's revelation means for women.
updated 1:09 PM EDT, Fri May 17, 2013
The press has turned on President Obama with a vengeance, writes Howard Kurtz
updated 2:01 PM EDT, Sat May 18, 2013
Donna Brazile says our democracy is endangered, not by the Russians, North Korea, Iran or even terrorists. To quote Pogo: "We have met the enemy and he is us."
updated 1:59 PM EDT, Sat May 18, 2013
Photographer Arne Svenson defends his show "Neighbors," portraits of the occupants of a building near him taken through their windows.
updated 9:37 AM EDT, Mon May 20, 2013
Theater critic Kevin Williamson was kicked out of a play when he took the phone away from an audience member and threw it. He says it was worth it.
updated 10:25 AM EDT, Sat May 18, 2013
U.S. actor Angelina Jolie (L) holds daughter Zahara as husband and actor Brad Pitt (C) carries son Maddox during a stroll on the seafront promenade at the historic Gateway of India outside their hotel in Mumbai on November 12, 2006.
Gil Welch says women must not panic over Angelina Jolie's mastectomies: 99% of women don't carry the BRCA1 gene.
updated 4:52 AM EDT, Sat May 18, 2013
JR's "Inside Out" project brings public spaces alive with giant representations of people
updated 3:22 PM EDT, Fri May 17, 2013
Roger Colinvaux says the IRS scandal is fundamentally about disclosure of donors, not tax-exempt status.
updated 11:14 AM EDT, Thu May 16, 2013
Maia Goodell says the military should use civil legal remedies on sexual assault cases.
ADVERTISEMENT