Monday, December 05, 2016

U.S. v. Mohamud (9th Cir. - Dec. 5, 2016)

This opinion discusses the making of a terrorist.  By the United States.

That said, I think that Judge Owens seems spot on.  The jury rejected his entrapment defense, and that's a very high barrier to reversal.  The opinion concludes:

"Many young people think and say alarming things that they later disavow, and we will never know if Mohamud—a young man with promise—would have carried out a mass attack absent the FBI’s involvement. But some “promising” young people—Charles Whitman, Timothy McVeigh, and James Holmes, to name a few from a tragically long list—take the next step, leading to horrific consequences. While technology makes it easier to capture the thoughts of these individuals, it also makes it easier for them to commit terrible crimes. Here, the evidence supported the jury’s verdict, and the government’s surveillance, investigation, and prosecution of Mohamud were consistent with constitutional and statutory requirements."

Tragically long indeed.