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...model is called pre-emptive prosecution, and like other pre-emptive strikes of late, it is risky. It means relying on often unreliable informants to infiltrate insular communities, and it means making arrests before anything close to a terrorist attack actually happens. The process sometimes ends with a trial but not necessarily a conviction, and that may be beside the point. It is, in all, a messy and unsatisfying ordeal, and possibly the best available option...

Author: /time Magazine | Title: The Fort Dix Conspiracy | 12/6/2007 | See Source »

...this point, very hard to say how extreme the men had become in their beliefs. All the men charged in the conspiracy insist they are innocent. The trial is scheduled for March 2008, and the government has not yet made public its recordings of the defendants' conversations. But as Morgenstern remembers, if you saw the defendants at a strip mall in Jersey, you wouldn't look twice...

Author: /time Magazine | Title: The Fort Dix Conspiracy | 12/6/2007 | See Source »

...recording device," says Rocco Cipparone Jr., defense attorney for Mohamed Shnewer, according to his knowledge of the evidence so far. If that is true, it raises questions about how closely the informant was supervised. (The U.S. Attorney's office declined to comment on the claim, citing the impending trial.) In addition, the informants' recording devices - which may have been embedded in cell phones or some other nondescript location - malfunctioned multiple times during the investigation, according to defense attorneys who have seen transcripts of the conversations. While some malfunctions are understandable, they can be a sign that the informant was censoring...

Author: /time Magazine | Title: The Fort Dix Conspiracy | 12/6/2007 | See Source »

...will see." We don't yet know what was said before or after that. At another point, Dritan seemed stunned by a list of available weapons provided by Omar, saying "There was some stuff on the list that was heavy s___." The broader context will come out during the trial, and the defense attorneys are combing through the transcripts. "I get more confident the more stuff I read," says Troy Archie, attorney for Eljvir. "To me, it looks like they're using informants to rile these guys...

Author: /time Magazine | Title: The Fort Dix Conspiracy | 12/6/2007 | See Source »

...abuse or error, which is a judge and jury. It is up to them to look into the eyes of the informant and the defendants and decide who is telling the truth." Early next year, the Fort Dix defendants will have their chance. It will be as much a trial of their intent as it is of the government's new model - and of the informant Omar, who is expected to testify in depth...

Author: /time Magazine | Title: The Fort Dix Conspiracy | 12/6/2007 | See Source »

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