OF THE
TIMES
[These] dramas were facilitated by the F.B.I., whose undercover agents and informers posed as terrorists offering a dummy missile, fake C-4 explosives, a disarmed suicide vest and rudimentary training. Suspects naïvely played their parts until they were arrestedShipler goes on to describe the elaborate entrapment methods followed by the FBI and its agents and asks:
This is legal, but is it legitimate? Without the F.B.I., would the culprits commit violence on their own? Is cultivating potential terrorists the best use of the manpower designed to find the real ones? Judging by their official answers, the F.B.I. and the Justice Department are sure of themselves - too sure, perhaps.In most cases, entrapment defenses do not hold up in court because 'the law requires that they show no predisposition to commit the crime, even when induced by government agents.' The entrapment schemes followed by the FBI are distinctive because, before the 9/11 attacks, 'it would be very unusual for the F.B.I. to present a crime opportunity that wasn't in the scope of the activities that a person was already involved in' and that is because 'There isn't a business of terrorism in the United States'. So what the FBI has to do, apparently, is 'find somebody who would jump at the opportunity if a real terrorist showed up in town.' (Someone indulging in 'Thought Crimes' before those thoughts were directed toward action?)