TerrorismOregon terrorism suspect’s request to learn identity of government informant rejected
Mohamed Mohamud, a 21-year old Somali born Oregon resident, is accused of attempting to bomb Portland, Oregon’s 2010 holiday tree-lighting ceremony; a request by Mohamud and his defense team to learn the true identity of a government informant known only as “Bill Smith” was denied by U.S. District Judge Garr King
Judge denies Muhamed's request to learn true identity of informant // Source: wadhaf.com
U.S. District Judge Garr King denied a request by a terrorism suspect and his defense team to learn the true identity of a government informant known only as “Bill Smith.”
Mohamed Mohamud is accused of attempting to bomb Portland, Oregon’s 2010 holiday tree-lighting ceremony. Mohamud and Smith exchanged a series of e-mails from November 2009 to April 2010 as part of an unrelated national security case.
Oregonlivereports that Smith’s handler at the FBI, Jason Todd, got the informant to reach out to Mohamud using the e-mail address truthbespoken@gmail.com.
Judge King said in his opinion “This person turned out to be Mohamud.”
King also noted that the government turned over all e-mails between Smith and Mohamud as well as internal FBI reports; a letter explaining how Smith was asked to make contact with Mohamud, and information on payments made to Smith for his work.
For Mohamud’s attorneys, this is a big blow as they have been fighting for months to learn the identity of Smith.
Earlier this week, Smith appeared in King’s chambers in order to discuss the matter during a private hearing. Prosecutors questioned Smith. King, who prevented Mohamud’s lawyers from attending the hearing, asked questions prepared by them.
“To obtain the informant’s identity, the defendant must demonstrate the identity is relevant and helpful to the defense or is essential to a fair trial,” King wrote in his opinion. “A ‘mere suspicion’ the information will prove helpful is insufficient to require disclosure of an informant’s identity.”
King’s opinion brought Smith and Mohamud’s relationship to light. King said that due to the fact the two parties never met and only contacted each other through e-mails, and because the government turned over those e-mails, there was no reason to believe Smith’s identity would be relevant to the case.
“Bill Smith never met Mohamud and had no other type of contact through telephone calls, text messages, regular mail, or other method,” he wrote. “Thus, it is undisputed Bill Smith broke off contact with Mohamud in April 2010 and had no part in the scheme to explode a bomb at the tree-lighting ceremony. There is no evidence to the contrary.”
Lawyers for Mohamud say that government agents took advantage of the 21-year-old and goaded him into a crime he would have never committed on his own.
Mohamud is being charged with attempting to ignite a weapon of mass destruction.
King notes that the government established a “solid and compelling interest in not disclosing Smith’s true identity. If an appeal is necessary, the 9th Circuit court can review the sealed transcript.”
“(Smith’s) identity is neither relevant nor helpful to the defense and is not essential to a fair trial,” the judge wrote. “The emails speak for themselves. … I do not expect the government to produce any additional discovery concerning Bill Smith.”
