When reading U.S. District Court Judge Colleen McMahon’s decision to grant compassionate release to three members of the “Newburgh Four,” one can’t help but sense the outrage emanating from the pages. The judge does not hold back in expressing her view of injustice.
According to Judge McMahon, the defendants, Onta Williams, David Williams, and Laguerre Payen, were mere “hapless” and “easily manipulated” petty criminals who became the targets of confidential informant Shahed Hussain and a fictitious plot concocted by the FBI. These men were never involved in any kind of criminal activity and could never have acted upon the fabricated plan.
The government prosecutors tried to portray co-defendant James Cromitie as the mastermind behind the scheme to bomb a synagogue, but anyone closely following the case could see it was a falsehood. The true instigator was Shahed Hussain, who posed as a wealthy Pakistani businessman and enticed Cromitie with promises of vast rewards, including up to $250,000, if he convinced others to participate.
In a sense, the FBI achieved its goal by securing lengthy prison sentences for the defendants. However, one must question the purpose behind these convictions. They did not make the nation safer or prevent terrorism. Instead, the FBI demonstrated its ability to manipulate four Muslim men into participating in a non-existent evil plot. This can hardly be considered an accomplishment.
The FBI’s actions in this sting operation exhibit a form of anti-Islamic xenophobia, which can be seen as a reflection of the prevailing paranoia that gripped the country after the 9/11 attacks. However, the convictions of the Newburgh Four occurred nearly a decade after those events, making it abundantly clear that such tactics had no meaningful impact on counterterrorism efforts. Furthermore, the untrustworthiness of Shahed Hussain, who played a central role in the sting that led to the imprisonment of two Muslim immigrants in Albany, only strengthens the argument against such deceptive practices.
The damning impact of the FBI’s long-standing association with Hussain has significantly tarnished the agency’s reputation, as Judge McMahon highlights in her 28-page decision. She condemns the FBI’s decision to employ a character like Hussain, who targeted vulnerable individuals in search of “terrorists” susceptible to accepting financial incentives in exchange for committing a fabricated crime.
Regrettably, all Judge McMahon can do now is grant compassionate release to the individuals who have requested it, reducing their unjust 25-year sentences that she had no choice but to impose in 2011. However, this does not undo the years lost or the damage done to their lives. This injustice will continue to persist.
The FBI, on the other hand, has an opportunity to seek redemption. The agency should be transparent about its association with Hussain and whether it played any role in the Schoharie tragedy involving his limousine business in 2018. It should disavow the tactics employed to secure the convictions of the Newburgh Four, as well as Messrs. Aref and Hossain, and pledge to never employ such methods again. True justice cannot be achieved through the relentless pursuit of meaningless convictions.
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