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- <text id=93TT0463>
- <title>
- Nov. 08, 1993: Biting His Handlers
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Nov. 08, 1993 Cloning Humans
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 42
- Biting His Handlers
- </hdr>
- <body>
- <p>An FBI informant's secret tapes raise a troubling issue in the
- tower-bombing case: Did the bureau screw up?
- </p>
- <p>By WILLIAM A. HENRY III--Reported by Ratu Kamlani/New York and Elaine Shannon/Washington
- </p>
- <p> The FBI, which looked supremely capable in speedily rounding
- up suspects in the World Trade Center bombing, may actually
- have bungled a chance to thwart the explosion, according to
- secretly taped conversations between informant Emad Salem and
- his FBI handlers. In the most startling passage, leaked to the
- press last week, an agent seemingly accepts Salem's claim that
- the bombing could have been averted through his undercover work,
- including a proposed ploy to substitute inert powder for explosives.
- </p>
- <p> The FBI, mortified by the possibility that Salem warned someone
- in the agency and was overlooked because of doubt that he was
- trustworthy, is investigating. Salem had parted company with
- the bureau half a year before the bombing, ironically because
- he reportedly would not wear a body microphone for secret taping.
- He was hired after the attack to penetrate the larger group
- of alleged terrorists. The agent who spoke in apparent confirmation
- of Salem may, FBI sources hopefully suggest, simply have been
- placating a volatile informant who was overstating his case.
- </p>
- <p> The 70 audiocassettes unquestionably contain material embarrassing
- to the FBI and awkward for the prosecution in both the bombing
- trial under way in Manhattan and the related case alleging a
- massive conspiracy to blow up New York City landmarks and assassinate
- public officials. Says William Kunstler, a defense attorney
- in the second case: "The FBI never knew they were being taped,
- so they said very careless things--how the informant was to
- conduct himself, how far he could go and how to entice them.
- This is probably the only case since entrapment became a defense
- where you have the law-enforcement agents being taped without
- their knowledge."
- </p>
- <p> In the most extreme outcome, the defense in the World Trade
- Center case could secure a mistrial on the basis that Salem's
- tapes contain potentially helpful evidence and should have been
- handed over months ago instead of last week, after excerpts
- and summaries appeared in the press. Prosecutors have taken
- weeks to establish how heinous the bombing was; last week the
- case reached its 58th witness without any testimony directly
- linking the defendants to the bomb. This strategy could be blunted
- if the jury comes to believe that the U.S. government had the
- opportunity to forestall the bombing. While that would not make
- the defendants any more or less guilty, it might give them more
- sympathetic appeal.
- </p>
- <p> In the other case, which has not yet come to trial, defense
- attorneys hope that the tapes will prove entrapment by law-enforcement
- authorities. Says Columbia University law professor Gerard Lynch,
- a former federal prosecutor: "There's very little published
- in this case to suggest entrapment. But if jurors hear about
- government conduct that offends them, they could decide to acquit."
- Salem's testimony is essential to buttress tapes of his dealings
- with defendants. These newly revealed tapes with the FBI, however,
- may make both him and his handlers look sleazy. A former Egyptian
- army officer, Salem has a reputation as a tale spinner. It cannot
- help that the FBI trusted him so little that it once dropped
- him or that he trusted the FBI so little that he taped his conversations.
- Moreover, a good deal of the talk is about payment, with Salem
- seeking $1 million and officials advising him how to get it.
- The more they hear Salem talk about money, the more jurors may
- wonder how far he was prepared to go to get it.
- </p>
-
- </body>
- </article>
- </text>
-
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