Fort Dix Six Lawyer: Entrapment!

See, the undercover man made suggestions about carrying out the attack.

Entrapment is defined, if memory serves, as strong persuasion by a state actor to commit a crime which induces the arrestee to commit a crime he would not have committed but for the persuasion. In other words, it's not just asking someone "Spleef?" or "Howsabout we blow up some Americans?" For entrapment to fly, you have to convince a jury that the persuasion was of such strength that the only reason for the crime was the persuasion itself.

Given that these guys were already shooting guns and screaming jihadist slogans and planning attacks on Americans, I really don't think the "entrapment" argument is even close to applicable. They were already planning this; the undercover guy just got them to say so on tape.

It's nice to see the AP flack so ignorantly on the terrorists' behalf, though, suggesting that entrapment is a valid defense here, but probably won't work only because the nation has jettisoned any respect for civil liberties after 9/11.

posted by Ace at 05:56 PM

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