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Judge Rips FBI in Freeing 'Newburgh Four' Defendant

James Cromitie was too clueless to be a leader of terrorists, ruling says
By Newser Editors and Wire Services
Posted Jan 21, 2024 11:50 AM CST
Judge Frees Defendant, Rips FBI Over Bogus Terror Plot
James Cromitie, center, is led by police officers from a federal building in New York in 2009 after being arrested on charges related to a bombing plot in the Bronx.   (AP Photo/Robert Mecea, File)

A man convicted in a post-9/11 terrorism sting was ordered freed from prison by a judge who criticized the FBI for relying on an "unsavory" confidential informant for an agency-invented conspiracy to blow up New York synagogues and shoot down National Guard planes. US District Judge Colleen McMahon on Friday granted James Cromitie, 58, compassionate release from prison six months after she ordered the release of his three co-defendants, known as the Newburgh Four, for similar reasons, the AP reports. The four men from the small river city 60 miles north of New York City were convicted of terrorism charges in 2010.

Cromitie has served 15 years of his 25-year minimum sentence. The New York-based judge ordered Cromitie's sentence reduced to time served plus 90 days. Prosecutors said the Newburgh defendants spent months scouting targets and securing what they thought were explosives and a surface-to-air missile, aiming to shoot down planes at the Air National Guard base in Newburgh and blow up synagogues in the Bronx. They were arrested on suspicion of planting "bombs" that were packed with inert explosives supplied by the FBI. Critics have accused federal agents of entrapping a group of men who were down on their luck after doing prison time.

In a scathing ruling, McMahon wrote that the FBI invented the conspiracy and identified the targets. Cromitie and his co-defendants, she wrote, "would not have, and could not have, devised on their own a crime involving missiles that would have warranted the 25-year sentence the court was forced to impose." The judge added that "the notion that Cromitie was selected as a 'leader' by the co-defendants is inconceivable, given his well-documented buffoonery and ineptitude." Cromitie was bought into the phony plot by the federal informant Shaheed Hussain, whose work has been criticized for years by civil liberties groups, per the AP.

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McMahon called him "most unsavory" and a "villain" sent by the government to "troll among the poorest and weakest of men for 'terrorists' who might prove susceptible to an offer of much-needed cash in exchange for committing a faux crime." Hussain also worked with the FBI on a sting that targeted an Albany, New York, pizza shop owner and an imam that involved a loan using money from a fictitious missile sale. Both men, who said they were tricked, were convicted of money laundering and conspiring to aid a terrorist group. Cromitie's attorney, Kerry Lawrence, said Saturday he had not yet been able to reach his client but that Cromitie's family was pleased.

(More FBI stories.)

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