Transcript

755: The Convert

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Prologue: Prologue

Ira Glass

From WBEZ Chicago, it's This American Life. I'm Ira Glass. So back in 2012, we ran this completely outrageous story about some stuff that the FBI did about an undercover informant who spied on American Muslims for over a year. And it went badly, like spectacularly badly. And some of those people who were spied on, some of the people in the story, sued the US government because of it. It's taken years to wind through the courts. But just last month, it was argued before the US Supreme Court.

So today, I want to play you the story and also talk about the court case a little. Some context for the story before we start, it's about FBI surveillance of Muslims. Ever since 9/11, there's been a ton of that. And just to give a sense of what that means, our original episode opened in Queens, New York City one Saturday night at a community center. Three dozen people show up. Their kids run around before it starts, coffee in the back. It's a workshop run by two lawyers, Ramzi Kassem and Diala Shamas, who were with a project called CLEAR from the City University of New York Law School that gives free legal aid to Muslims who get caught up in counterterrorism surveillance investigations.

Ramzi Kassem

So what we want to do today is nothing controversial. We just want to arm you with the knowledge of your rights so that you know how to respond when you find yourself, if you find yourself [SPEAKING ARABIC], in that really uncomfortable situation where you have an FBI agent at your door or an NYPD detective at your workplace, asking to talk to you.

Ira Glass

This is so common. It happens so often. Kassem and Shamas told me that sometimes they ask for a show of hands at these workshops, and they learn that every single person in the room has either been visited by law enforcement like this or know somebody who has. The two attorneys start with a demonstration of what happens in one of those encounters. Diala Shamas plays the plainclothes FBI agent who comes to the door. Ramzi Kassem plays the guy at home.

Ramzi Kassem

We're first going to do it the wrong way. This is how this interaction should not happen.

Diala Shamas

Knock, knock.

Ramzi Kassem

Yes, hello?

Diala Shamas

Hi.

Ramzi Kassem

Hi.

Diala Shamas

Is this Ramzi Kassem's house?

Ramzi Kassem

Yeah, this is me.

Diala Shamas

Great. Can I just come in?

Ramzi Kassem

Sure, of course. Yeah, come in, please.

Diala Shamas

Thanks.

Ramzi Kassem

Yeah. Who are you? I'm sorry, I didn't--

Diala Shamas

Oh, my name is Diala. I'm with the FBI. I'm just here to ask you a couple of questions.

Ramzi Kassem

Oh, wow, FBI. OK, sure.

Diala Shamas

Nothing to worry about. Just a standard, we're getting to know the neighborhood. I'm new here, so--

Ira Glass

Later, in the discussion afterwards, the audience points out that this was a mistake. He should have asked her ID before letting the FBI agent into his home. And he doesn't have to answer any questions. He could have even asked for a warrant. The crowd also points out that he seems very nervous-- another mistake.

Diala Shamas

So do you go to the mosque down the street?

Ramzi Kassem

Yes, Dardal?

Diala Shamas

Dardal, yeah, yeah. OK, and who's the imam there?

Ramzi Kassem

Wait, why are you--

Diala Shamas

Oh, I'm just curious. It's part of my-- I just want to make sure that I say the right thing when I meet the right people.

Ramzi Kassem

Oh, OK. Yeah, no, he's been the imam there for a number of years. And he's from Egypt. I can't remember his name.

Diala Shamas

OK. You can't remember his name?

Ramzi Kassem

Yeah, yeah.

Diala Shamas

Oh, OK. So is it Mr. Abu Jamil?

Ramzi Kassem

No, I don't think that's him. He's one of the leaders. He's one of the organizers there.

Ira Glass

The agent asks who else lives in the house. She asks, what does he think about the political situation in Egypt?

Diala Shamas

Do you have an ID?

Ramzi Kassem

Yeah. Yeah, sure. Sure, here's my ID.

Ira Glass

They talk a little more about politics. The agent thanks him for his cooperation, says she may come back with more questions.

Ramzi Kassem

OK.

Diala Shamas

Thank you.

Ramzi Kassem

Thank you. Thank you.

Diala Shamas

Have a good day.

Ramzi Kassem

You, too.

Diala Shamas

So--

[APPLAUSE]

Ramzi Kassem

You should not be applauding that performance.

Diala Shamas

What went wrong in this?

Audience

[INAUDIBLE]

Ramzi Kassem

So the brother is pointing out that there was a lot of volunteering of information.

Diala Shamas

So it's difficult, right? Because I was being sort of friendly. And why wouldn't you volunteer that information if you don't think that you've done anything wrong?

Ira Glass

And the problem with that, the two lawyers tell the crowd, is that the more you say, the more you could accidentally be incriminating yourself, especially dangerous, they say, with those moments in the demonstration where Kassem was nervously stumbling around, not sure what to say, trying to remember.

Ramzi Kassem

Under federal law in the United States, lying to a federal agent is a federal offense. It's a crime. And it's a crime that's being charged since 9/11 disproportionately against Muslims. So the moment that you have that interaction with the federal agent-- let's say I didn't remember something. And Diala asks me a question-- oh, you're friends with Cyrus. Where were you last Tuesday? And I say, oh, I think we were camping. But maybe she spoke to Cyrus before, and Cyrus said something different. So all of a sudden, there's a discrepancy. Either I'm in trouble, or Cyrus is in trouble. And so even having that very basic conversation--

Ira Glass

Because of this, he tells the group-- over and over he says this-- if the FBI or NYPD comes around asking these general questions, it is best to get a lawyer.

Ramzi Kassem

We're not saying never talk to them. That's not what we're saying. What we're saying is, do it in a way that is responsible. And it's nothing controversial. It's what Martha Stewart does when she was approached by the FBI. She didn't talk to them directly. She retained lawyers. When President Clinton was under investigation, he had a team of lawyers.

So that's the safe, responsible way to do it. And it's not being uncooperative. It's actually the most American thing to do.

Ira Glass

This particular workshop happened in 2012, but CLEAR and other organizations still give workshops like it today. I called around to a bunch of lawyers from different groups, and I don't know, I had assumed that 20 years since 9/11, the surveillance of Muslim communities would have slowed some. But everybody told me the same thing. It's the same today or greater than it's been in the past.

The Council on American-Islamic Relations' Office in Southern California has more cases of law enforcement knocking on people's doors, plus, in addition to that, a real explosion in Muslim travelers being questioned at the airport. When I reached Ramzi Kassem this week on the phone, the lawyer from that workshop in 2012, he also pointed out that airports are a big deal these days.

Ramzi Kassem

We're seeing surveillance at airports, where people traveling back from overseas from Muslim-majority countries are having their electronic devices confiscated and all of the data dumped, or they're being questioned at airports and secondary screening.

Ira Glass

Is it legal to take somebody's phone, if they're an American citizen and they're crossing into the country, and take the data?

Ramzi Kassem

That's a really good question. It's a contested question. We fought in court. The government takes the position that the Fourth Amendment does not apply at the border and that an airport is a border. And so they claim that your phone-- this is the US government's position across administrations-- is that your phone is just like a suitcase that they can search, and that if you're crossing an international border with it, they have the right to that data. They can take it. They can save it to their databases. They can share it with partners. So that's their position.

Ira Glass

Basically, what happened was in the years after 9/11, the FBI built an infrastructure to do surveillance and look for terrorist plots, and now that it's in place, it just chugs along. Under our Constitution, the First Amendment's freedom of religion, it would be illegal for the government to go target somebody for surveillance just because they practice a particular religion. They can't go and knock on their door to ask you a few questions. They can't stop them at the airport. They can't investigate simply because they're Muslim.

And the case that you're about to hear-- the case that was argued at the Supreme Court last month; it's called FBI versus Fazaga-- at its heart is about that. It's a landmark case about whether the government's actions gathering information on Muslim citizens since 9-11 have been constitutional. The tactics used by the FBI in this particular case are tactics that they often use when they surveil Muslim communities, like using informants. The last time the FBI publicly stated how many informants it had, the number was 15,000.

But in a bunch of ways, this case is not typical. It's an outlier, a case where we can watch everything go wrong. Not just from the point of view of the people being surveilled-- the informant isn't happy how it worked out, and we presume the FBI cannot be too pleased either for reasons that you'll hear. Beyond all that, like I said, it's a compelling and very weird case. Stay with us.

Act One: Gym Rat

Ira Glass

Act 1, Gym Rat. So this happened in Orange County, California in 2006. And at that point, at least one homegrown terrorist had come out of an Orange County mosque and gone to work with Osama bin Laden, was on the FBI'S most wanted terrorist list, and relations between the FBI and Muslims in Orange County, California were already on edge before this story began-- so on edge that the head of the FBI for Los Angeles, Stephen Tidwell, decided that he should do a town meeting at a mosque in Orange County-- it was the Islamic Center of Irvine-- where he said emphatically that the FBI was not monitoring Muslim student groups in the area or the mosque itself.

The crowd did not buy this. Somebody in the audience told Tidwell that it would be naive for them to believe that the FBI was not monitoring the mosque. Everyone should understand that they were being monitored, he said. Tidwell interrupted.

Stephen Tidwell

Look, one, no, you're not.

[LAUGHTER]

If we're going to come to mosque, to come to service, we will tell you we're coming to church.

Man In Audience

You will send your agents without anybody knowing.

Ira Glass

The man in the audience replied, "You will send your agents without anybody knowing."

Stephen Tidwell

Well, what I'm saying, FBI, we will tell you we're coming for the very reason we don't want you to think you're being monitored.

Ira Glass

That was June 5, 2006. As best as we can determine from people at the mosque and from testimony in court, two months after Tidwell reassured them that the FBI would not monitor them without telling them, the FBI placed an undercover informant in the mosque. And this is where our story begins. Sam Black is our reporter.

Sam Black

The informant in this story is named Craig Monteilh, and like a lot of people who go undercover to catch criminals, he used to be a criminal himself. He's done time for forging checks, embezzlement, and grand theft. At one point, he made a living stealing cocaine from drug dealers.

As I reported this story, people who know him described him as a snake, a chameleon, a thug scam artist, and, quote, a piece of [BLEEP]. And Craig says some pretty far-fetched things, like this list of aliases. He told me he used all of these in undercover stings.

Craig Monteilh

Italian drug dealer Vincent Donado, a Russian hit man by the name of Ivan Chernyenko. Colombian drug dealer Pedro Hernandez. A Bulgarian drug dealer by the name of Sergei Gerd. Also, I went by Polish names. One was Lech Vlesky.

Sam Black

It's unclear if any of these are real, but some of the unlikely things Craig says do check out, like the fact that he worked on a counter-terrorism operation for the FBI. The Bureau has confirmed this. In 2006, the FBI enlisted him to go undercover to catch people who were recruiting and training terrorists. Craig says it all began at a strip mall Starbucks where he met with two FBI agents, Paul Allen and Kevin Armstrong. He says they told him they wanted him to go undercover. They'd pay him to infiltrate the Muslim community in Orange County-- which is a funny thought, because Craig's not the most inconspicuous guy.

Craig Monteilh

I'm 6'2", 260 pounds. It's not fat. It's lean body mass. I bench 500 pounds. I have 21 and 1/2-inch arms.

Sam Black

But according to Craig, the FBI wanted to use his lean body mass to their advantage.

Craig Monteilh

I was to lure Muslim males into the gym using my physique to see what actually is the real pulse of the Muslim community. They told me what I did was vital to America's national security and to do exactly what they said.

Sam Black

And did they have particular targets in the Muslim community in mind?

Craig Monteilh

No. They said the targets would come to me.

Sam Black

The FBI wouldn't talk to me for this story because the operation is still classified, and because it's the subject of a lawsuit. But the FBI later confirmed in court that Craig was an undercover informant. A district attorney also stated in court that Craig did work with agent Kevin Armstrong, and that Craig had given the FBI, quote, "very, very valuable information." The FBI also confirmed one other thing-- the name of Craig's operation.

Craig Monteilh

Operation Flex-- F-L-E-X.

Sam Black

One Thursday in August, 2006, Craig showed up at the Islamic Center of Irvine-- one of the biggest mosques in Orange County-- and met with the imam there. Craig told him that he wanted to convert to Islam. The next day, after Friday prayers, Craig stood on a stage in front of hundreds of people and declared that he was now a Muslim with a new Muslim name-- Farouk al-Aziz. People who were in the mosque that day remember it well, the first time they saw this new convert, Farouk.

Mosque Member 1

Picture a 300-pound linebacker that has a ridiculously wide frame, and then huge, massive legs.

Mosque Member 2

His biceps were just like my whole thigh, basically. It's just-- he was a big guy.

Mosque Member 3

At the beginning, I was kind of scared from him. [LAUGHS] He was kind of scary, to me, looking, yeah.

Sam Black

Over the next few weeks, Craig started showing up at the nearby 24 Hour Fitness, a gym where a lot of the guys from the Irvine mosque would work out. And when he wasn't at the gym, he was at the mosque. He attended prayer five times a day.

One of the people who noticed Craig was an Egyptian guy named Ayman. He asked that I not use his last name.

Ayman

Every day, you would see him in the mosque-- every day you would see him. But he would be sitting alone. You don't know if he has friends, or if he is struggling to understand what's going on. You feel bad. This guy, he's new to Islam. Probably either he is afraid, or curious, or something. I don't know, you don't know. You just want to be as friendly as you can.

Sam Black

Ayman lived in a house just around the corner from the mosque with a few other Egyptians. One day, he decided to introduce himself to Craig.

Ayman

I believe it was after the Zuhr prayer, which is the one at 1:00 o'clock. I went to him, and I said, hey, salaam alaikum-- peace upon you, basically. And, hey, my name is Ayman.

Craig Monteilh

He says, it's been about four weeks, right? You're still here.

Sam Black

Craig remembers this too.

Craig Monteilh

I said, yes. He said, well, usually people just-- new converts, after a few weeks, they just-- they leave. They fall by the wayside. I said, well, not me. I'm a real Muslim.

Ayman

And I told him, here's my number. And I wrote my number on a piece of paper. If you have any question about anything, you know, like in your head about the religion, or if you need anything that I can help you with, I would love to.

Craig Monteilh

And he said, well, you know, we're Egyptian. We get together on-- after, prayer on Fridays and during the weekends, and we all barbecue food together. Maybe you can come by, and we'll talk to you more about your faith and how you can grow as a Muslim. From there, when I went home, I thought, I'm really in.

Mosque Member 1

Craig's new friend Ayman lived with four unmarried Egyptian men, all in their late 20s or early 30s. One was an accountant. Another worked for a logistics company. There was a guy who worked in pharmaceuticals and an IT consultant. They each traveled occasionally, sometimes for work, or sometimes back home to Egypt. Craig says his FBI handler suspected the roommates might be a terrorist cell that would radicalize him, so he arrived at their house ready for anything.

Craig Monteilh

Well, first of all, they make some Egyptian food, which is very good-- delicious food. And we sit on the couch for about, maybe, a couple of hours, just had a conversation. And they would play their Xbox while we're having a conversation in a very competitive way.

Ayman

I was engaged at the time, but I used to play more Xbox than spending time with my fiancee. It's like 80% Xbox, and everything else comes second.

Sam Black

That's Ayman again. He and his friends were ridiculously obsessed with Xbox. They'd play tournaments for five hours a day, and they only played one game.

Yasser AbdelRahim

FIFA Soccer. That was something-- we played a lot of FIFA. We still play a lot of FIFA.

Sam Black

Yasser AbdelRahim was one of Ayman's roommates, a tall, athletic guy who worked as a tech consultant. He'd lived in the US for about 10 years. Yasser and Ayman considered their house a brotherhood, but as he told me and my producer Bryan Reed, not really the militant terror cell kind Craig was looking for.

Yasser AbdelRahim

We'd all just hang out together, and a lot of my friends would actually come in and say, this is the frat house, right? But, obviously, we didn't drink, so like--

Sam Black

A frat house without alcohol.

Yasser AbdelRahim

A kosher frat house, yes. [LAUGHS]

Sam Black

Craig's plan worked. Yasser and Ayman started inviting him over more and more. They'd hang out together, get coffee, go to the movies. When Craig got sick, they went to his house to keep him company. They bought him books about Islam and brought them back gifts from their trips to Egypt. Here's Ayman, and then Yasser.

Ayman

He was a super cool guy. You know, he initiated conversation. We'd talk about stuff.

Yasser AbdelRahim

He was very comfortable around us. He was very cool around us. He would joke around. He would tell us about what he did, some of the issues that he was going through. He said he was going through some rough patches from a family perspective, going through a divorce.

Ayman

We tried not to speak in Arabic as much when he's around, because we didn't want to give him any feeling that he's uncomfortable or anything like that.

Yasser AbdelRahim

We talked about the gym. We went and worked out together.

Ayman

Obviously, when you see a big bulky guy, you know what I mean, that's just like, that's very cool. I barely can lift 5 pounds.

Yasser AbdelRahim

We'd watch TV. Sometimes, we'd watch Arabic movies, because he'd be interested in actually seeing some of that.

Ayman

We never treated him as an outsider.

Yasser AbdelRahim

So he seemed like one of the boys.

Sam Black

But Craig was at work-- watching, taking notes, and recording with a hidden microphone.

Craig Monteilh

It'd be on the whole day. I would get into my car in my garage, I would turn on the device, and I would say something like, Farouk al-Aziz, May 4, 2012, 5:45 AM, and I am hot-- meaning it's beginning.

Sam Black

The FBI has publicly confirmed that Craig recorded audio and video during this operation. That means, presumably, the smack the Egyptians talked during Xbox tournaments, the discussions of movies and their personal lives, the exercise tips that Craig gave them at the gym. The Egyptians would play pickup soccer on the weekends with a bunch of other Muslim guys. Craig went to some of these games, but he never played. Instead, Craig says he used the opportunity to jot down license plate numbers and film the games so his handlers could see who associated with whom. According to Craig, he also brought his handlers things from the Egyptians' house that might have their DNA or fingerprints.

Craig Monteilh

They instructed me to get-- because Ayman smoked-- a cigarette butt from his ashtray in his room, and certain items from his bathroom, like a toothpaste tube.

Brian Reed

So you would sneak around their house and steal these things from their rooms?

Craig Monteilh

Yes.

Sam Black

Meeting Ayman and Yasser, it was hard to imagine why the FBI was monitoring them. They just seemed like normal guys. The FBI, of course, wouldn't talk about the case, and they wouldn't even talk in a general way, separate from this case, about how they choose who they're going to investigate. So I called Trevor Aaronson to help me make sense of Operation Flex. He's an investigative journalist who's analyzed over 500 FBI terrorism convictions looking at how informants are used to find suspects, surveil them, and build cases. I told Trevor what Craig said-- that the FBI went into the Muslim community without any specific suspects. Trevor said that's possible, but it's also possible that Craig wasn't told who the targets were.

Trevor Aaronson

It's possible that the FBI had information that Craig isn't aware of. In the cases we've looked at, it's really uncommon that the FBI would spend lots of time with someone who was so unfruitful. If they're spending months and months, and all they're doing is playing soccer, the FBI will move on. If Craig was spending that much time with them, it's worth noting that most likely, they had enough for what they call a predicate, which is a reason that they were investigating them-- that there was a phone call that was overheard, there was some kind of correspondence with someone overseas that the FBI is monitoring that made the FBI agents suspicious of this particular group.

Sam Black

In addition to Trevor, my producer and I talked to five long-time FBI agents now retired who all oversaw informants. They couldn't comment on Operation Flex specifically, and none of them knew firsthand about these Egyptian guys, but they gave us similar theories. Basically, they said if the FBI has even the smallest reason to suspect you, a reason you might not even be aware of yourself, they have to check you out.

Maybe you happened to phone someone the FBI is monitoring. Maybe they got a bad tip. One of the ex-FBI agents said to me, do innocent people get investigated? Sure, every day. They can't weed them out without looking at them. Though one agent said it was possible that this was a case that just went awry, that was badly managed and didn't follow FBI protocols.

Months passed. People noticed that Craig was acting more devout. He began reciting prayers aloud, dressing in traditional robes, and showing up so early for 5:00 AM prayers that he'd get there before the person who unlocked the mosque every morning. They also noticed something else.

Yasser AbdelRahim

Slowly and surely enough some during some times when we're having coffee came the question of jihad.

Sam Black

Yasser, one of the Egyptians, had actually been asked questions about jihad before. Non-Muslims bring it up with him sometimes. He'll be on a plane, and the person next to him will ask about it.

So he and his friends told Craig what they always tell people-- that jihad isn't what you see on the news. Jihad is really about each person's internal striving to be a good Muslim. It's not holy war. Here's Ayman.

Ayman

But the reality is, if I'm new to Islam, I would be very curious about this stuff, too. I would be very curious about this stuff. You know, that's what the media talks about all the time. So he must be very curious. If you mention Islam, then-- I think there was a survey, if you mention Islam, the second thing that you think about in the American society was terrorist.

So for me, it was somehow normal, if you look at it from a curiosity viewpoint. But it wasn't normal how obsessed he was with it, until when we start being, this guy is-- there's something very, very [BLEEP] up about this person. He just would bring these odd things in the middle of the conversation, out of nowhere.

Sam Black

For instance, the guys would be talking about food or sports.

Ayman

But yet, he would always bring politics into the conversation-- jihad, suicide bomber. So what do you want to-- for example, I'm being sarcastic-- what do you want to eat, Farouk? So what do you think about Hosni Mubarak, you know what I mean? He-- just out of nowhere.

Sam Black

Craig talked to his Arabic teacher, Mohamed Elsisy about his new obsession, too.

Mohamed Elsisy

He invited me once to lunch, yes, and he focused the topic in the lunch about jihad. And I keep turning his attention into the essence of Islam, and he kept again bringing it back to jihad. And he kept asking about jihad over, and over, and over. And I told him, Farouk, get over it. Get over it. Get over it.

Sam Black

It alarmed all of them. At one point, Yasser confronted Farouk-- that is, Craig.

Yasser AbdelRahim

I even told him, like, Farouk, this needs to stop, because this is not the right direction. This is not what Islam is about. So if somebody is teaching this, let me know, because we need to correct that immediately, right?

Brian Reed

And did he seem receptive?

Yasser AbdelRahim

He did. He said he did, right? And I told him-- I told him, at this point, people are starting to get to wonder about what's going on, where you're learning this stuff from, right? So we need to understand. And he was like, yeah, I'm not going to talk to anybody about this. I don't know; maybe I was reading some incorrect stuff.

Sam Black

But Craig didn't listen. He didn't stop talking about jihad. He says this is what the FBI wanted, because, he says, he was great at it.

Craig Monteilh

I would have to, in a very strategic way, get their views on jihad. And I got so good at it, in their view, that they wanted to enhance it. So I was to speak to, I think, 10 Muslims a day regarding jihad.

Sam Black

Since the FBI isn't commenting, I ran this by Trevor Aaronson, the journalist who's examined about 500 counter-terrorism cases, to see if it was possible. He said that in all of those hundreds of cases, he's never heard of a quota like this. The FBI agents I spoke with hadn't either. Though Trevor says that once a sting operation gets going, it's common for undercover agents and informants to bait suspects by asking them about jihad.

Trevor Aaronson

That happens in almost every undercover sting operation. I can tell you that in many of the cases I've looked at, that's mentioned in the criminal affidavit in some way. And I think when that's submitted at trial, that's a really damning piece of evidence for juries today.

Sam Black

Craig took this strategy and ran with it. Mohamed, the Arabic teacher, heard complaints from his friends.

Mohamed Elsisy

It was to the limit that one of them told me he keeps calling him by phone and keep saying to him, (WHISPERING) jihad, jihad. I was like, you know, wait a minute!

Sam Black

He would whisper jihad in the phone?

Mohamed Elsisy

Yeah, in the phone.

Sam Black

I asked Craig, did that happen?

Craig Monteilh

Probably. I'm not denying it. I may have been-- we had a conversation or something, and I had done something ridiculous like that. But I don't deny it. I'm sure I probably did, OK?

Sam Black

What were you trying to accomplish with that?

Craig Monteilh

Whatever individual heard that, and they didn't quickly report me, they're automatically a suspect. Every single conversation is a conversation that the FBI or a prosecutor can say, well, you heard him say this numerous times, and yet you didn't do the following.

Sam Black

And so that's what you were trying to do?

Craig Monteilh

Of course.

Sam Black

If you didn't think Craig could get any less subtle, here's another tactic he would try.

Craig Monteilh

I'd say, let's meet tomorrow afternoon at the gym. We'll work out together. I'll teach you some things about how to get your forearms shaped a little better, your biceps stronger and bigger. And at these workouts, I would ask very sensitive question regarding Islam. For example--

Ayman

So what do you think about Osama bin Laden?

Sam Black

Ayman was working on his biceps when Craig asked him this.

Ayman

I'm like, dude, OK, Osama bin Laden is a bad guy. He's a mother[BLEEP], you know what I mean? All what we are suffering from right now is because of Osama bin Laden. And your question right now is because of Osama bin Laden, you know what I mean? All of these new laws that they start acting about just searching, you know and sticking their finger in you [BLEEP] is because of Osama bin Laden. So you tell him, yeah, you know, Osama bin Laden is the bad guy.

Sam Black

One day, a guy named Riaz Surti showed up at the gym with a friend Riaz had owned the halal KFC/Taco Bell nearby. Craig hopped off a stationary bike and introduced himself to Riaz as a fellow Muslim. Here's Riaz.

Riaz Surti

Then I left. I left to go and stretch out. Then I came back, and then he leans to us, and then he says, you know, I met the Sheikh in Afghanistan?

Sam Black

"The Sheik?"

Riaz Surti

The Sheikh. He said, yeah, I met the big guy, or the Sheikh in Afghanistan.

Sam Black

What did you think when he said that?

Riaz Surti

We knew that he was referring to Osama bin Laden. He was bragging. He was smiling that he met the Sheikh, yeah. It just became very clear to us.

Sam Black

Craig told us he has never been to Afghanistan, but he was trying to see if these guys at the gym who he'd never met thought it would be cool to hang out with Osama bin Laden. They didn't think that would be cool. So instead, Riaz says, he wanted to get Craig to leave him alone. So every time he saw him, he would tell him the dirtiest jokes he could come up with.

Riaz Surti

I didn't want him to think I was a good Muslim. I just felt like his goal was to like to get us involved with something that we weren't involved with.

Sam Black

What did you tell him?

Riaz Surti

Like did you hear about the doctor who was having sex with his patients? And he said, no. And I said, he's a very interesting doctor. And then, he looked at me. He was a veterinarian.

Sam Black

It worked. Craig left him alone after that. About eight months into Operation Flex, Craig says his handlers told him to start talking to people about an actual terrorist plot, a plan to blow up buildings in Southern California. That happens in lots of FBI stings-- the informant suggests the plot to the suspect, not the other way around-- according to Trevor Aaronson again, who studied hundreds of terrorism convictions.

Trevor Aaronson

Of about 500 terrorism cases since 9/11, about 50 defendants have been involved in cases where the informant came up with the idea and provided all of the means.

Sam Black

But ex-FBI agents I talked to said that in the well-run operation, the informant is not supposed to suggest the plot out of the blue. First, the suspect would have to declare his intention to commit an act of violence. Without that, the whole case could get thrown out of court as entrapment.

The person Craig suggested his plot to was a guy named Ahmad Niazi. Niazi is the only person we know of that Craig helped catch, the only person the FBI arrested as a result of Operation Flex. Craig had met Niazi one night at the Irvine mosque. Mohamed, Craig's Arabic teacher, introduced them.

Niazi was a family man, very different from the Egyptian Xbox players. He had a wife and two young kids and taught at a nearby language school. Niazi grew up in Afghanistan, but he had lived in California for eight years. He and Craig went out for coffee, and they hit it off. They started hanging out a lot, sometimes with Mohamed.

One Friday, the three of them were driving to a mosque where Mohamed was scheduled to give a sermon. Niazi didn't want to do an interview for our story, but here's Mohamed.

Mohamed Elsisy

Niazi was sitting in the back seat, and Farouk was sitting in the passenger, and I was driving.

Sam Black

And here's Craig, a.k.a. Farouk.

Craig Monteilh

And I started to bring up, what should we really do as Muslims now that our brothers and sisters are being blown up in Afghanistan and Iraq?

Mohamed Elsisy

And I told him, Farouk, we are living in Irvine, the most peaceful city in the whole America. [LAUGHS] He's like, you know, I just don't like the way that American government is handling situations outside and stuff. And I was like, OK, and what?

Craig Monteilh

Are we supposed to just stay here, watch our national championship games, play Xbox and everything else, while our brothers are being killed?

Mohamed Elsisy

And he starts talking about some jihad.

Craig Monteilh

I mean, I became very aggressive.

Mohamed Elsisy

And we told him, Farouk, what are you trying to get into, exactly?

Craig Monteilh

I said, we should carry out a terrorist attack in this country, because I'm tired just staying around doing nothing. I've got access to weapons. I know how to do things. We should bomb something.

Mohamed Elsisy

Silence was out there in the car. I didn't say a word until we arrived to the mosque. I refused to talk at all. The first thing that came into my mind, that I thought that he is a straight shot terrorist. And that at that point, I felt scared from him. He scared me.

Sam Black

Mohamed glanced into the rearview mirror and saw Niazi staring back at him. He looked shocked. Craig's head was down. He was now playing with his phone. No one said anything for the remaining 20 minutes of the ride to the mosque. The drive back home was the same.

After they parted ways with Craig, Mohamed and Niazi talked about what had just happened. They decided they had to do something, so they did what all Americans are supposed to do in this situation, what law enforcement officials tell us we should do when someone says he has access to weapons and wants to use them. They reported Craig to the FBI as a potential terrorist.

Ira Glass

Coming up, what happens, exactly, when you turn in someone to the FBI who is working for the FBI? Sam Black's story continues in a minute from Chicago Public Radio, when our program continues.

It's This American Life. I'm Ira Glass. Today's program, "The Convert," the story of an FBI undercover operation from 2006 that went very-- badly is, I think, a fair way to say it, and the uneasy relationship between some Muslims and the FBI, and why that might be. And as I said at the top of the show, we first ran today's program back in 2012, and we're rerunning it today because the case that it documents was argued at the Supreme Court last month.

It's hard to say what, exactly, constitutes failure if you're a government informant, but I think that being turned over to authorities as a possible terrorist yourself by the people who you think are terrorists, that's got to be on the list, right? That's not good. Sam Black picks up our story where we left off.

Sam Black

So Mohamed and Niazi wanted to report Craig to the FBI, but they weren't sure who to call or how to do it. They reached out to Hussam Ayloush. Hussam is director of the Council on American-Islamic Relations in Southern California, known as CAIR, and a well-known member of the Muslim community there. Just hours after the car ride, he got a phone call from Mohamed. Here's Hussam.

Hussam Ayloush

He was terrified. I mean, the guy didn't know what to do. He was so nervous. He told me, I know you deal with the FBI, and I know you work with police. You know, what do I do now?

Sam Black

Mohamed was with Niazi. They were both afraid that if Craig went ahead with his plot, they would somehow be responsible.

Hussam Ayloush

He passed the phone to Niazi, who was also panicking like crazy. I mean, both of them, they didn't know what to do. So I told them, don't worry about it. Calm down, you're not responsible for anything. You're doing the right thing.

You're calling the authorities. So even, if the guy is planning on anything, you have nothing to worry about. You're not accomplices.

Sam Black

So what did you think was going on when you got this call?

Hussam Ayloush

There are three possibilities. Either he is recruited by al-Qaeda, or he's a lone wolf doing things on his own, or he's doing it for somebody else as an entrapment. Either way, it's bad news.

Sam Black

Hussam told Mohamed and Niazi that he would call the FBI. For years, he'd been attending monthly meetings with agents who'd hoped to build a good relationship with the Muslim community, and he was friends with Steve Tidwell, the head of the FBI's LA Office. Hussam had actually organized the outreach meeting you heard about earlier, the one more Tidwell promised that the FBI wouldn't send people into mosques unannounced. So Hussam called Tidwell on his cell phone and told him what had happened to Mohamed and Niazi. They thought this guy in the car might be serious. Again, here's Hussam.

Hussam Ayloush

They said, well, you know, thanks, Hussam. You're doing the right thing. Thank these gentlemen. This is exactly why we're so proud of working with the Muslim community. And I did mention this. He's a white guy, a white convert in Irvine. He said, oh. That's what he said, oh, OK, thank you, Hussam. That's great information. And we'll let you know what happens.

I said, wait, wait, wait, don't you need his name-- because I had his name-- and I have his address, because they knew where he lived. They said, well, you know, don't worry about it. We work closely with Irvine PD, and we'll take care of it from here. Don't worry about it. That's when my doubts started playing in my head, like-- I felt there was something strange.

Sam Black

Tidwell wouldn't speak to me for this story, so I don't know what he thought when his own informant was reported to him as a terrorist. But not long after this phone call, the FBI launched an investigation into Craig-- which, no matter how you look at it, was a very strange undertaking. FBI agents were going around asking questions about an FBI informant, treating him as an actual suspect they were investigating. FBI Special Agents not only interviewed Mohamed and Niazi. They also questioned other people who had been hanging out with Craig.

I talked to five people who willingly took part in these interviews. At the time, they thought they were helping catch a dangerous person. Mohamed and Niazi even went in front of a judge in Orange County Superior Court and got a restraining order against Craig so that he couldn't come within 200 yards of the mosque. But looking back, the people the FBI interviewed told me there was something weird about the way the agents were acting through this whole ordeal. They just didn't seem that concerned. Yasser, one of the Egyptians, said it wasn't what he imagined would happen when you call in the feds on a possible terrorist.

Yasser AbdelRahim

My picture in my head is, if you go and bring that up, it's on. Let's go, let's find this person. Let's make sure we're stopping them. They would be at his door immediately-- 30 cars, blah, blah, movie style-- kind of like break in, let's get this guy. That wasn't the reaction, right? That wasn't the reaction we were getting.

Sam Black

The agents did ask questions about Craig-- how often did he come to the mosque? Who else did he hang out with? What kinds of things did he say? But with Yasser and others, they gradually began to ask more personal questions. How many times did you talk with Farouk about jihad? What do you think jihad means? When did you come to the United States? Again, Yasser.

Yasser AbdelRahim

These guys knew exactly what was going on. They knew he was their informant. I think it was just another way for them to get us in and talk to them.

Sam Black

Some people were visited by the FBI more than once, like Mohamed. One day, FBI agents surprised him at his house. He asked them how the investigation into Farouk was going. They told him Farouk was a dangerous guy and he would be in trouble soon. But Mohamed says the agents were there to talk about someone else.

Mohamed Elsisy

They asked me a couple of questions about Ahmad Niazi, how much information I know about him. And I told him, I don't know anything about Ahmad Niazi except that he is a person that comes and prays in the mosque, and I know him through the community. I didn't know him before that, and I don't know very much information about him.

They said, we just wanted to collect more information about that person. I told him, I told you what I know about him. That's all.

Sam Black

This was strange for Mohamed. Niazi was the one who had helped him report Craig. Why were the FBI agents asking about him? By the spring of 2007, the FBI had honed in on Niazi. It's unclear exactly why, but court records reveal one thing that got their attention. One of Niazi's sisters was married to a man named Amin al-Haq. Al-Haq was designated as a terrorist by the US government. He'd allegedly served as a security coordinator for Osama bin Laden.

And Niazi also said things to Craig that concerned the FBI. None of Craig's recordings have been released, so we don't know what exactly they talked about, but Craig gave us dozens of emails Niazi sent him. They're mostly articles and links to videos.

Some of these are about conspiracy theories, like how 9/11 was an inside job. Others criticized the wars in Afghanistan and Iraq, sometimes calling for Muslims to rise up against their enemies. This YouTube video is the most extreme thing my producer and I found in the emails. It's an email I'm talking about how he supports Osama bin Laden.

Imam

If he is terrorizing the terrorist, if he is terrorizing America the terrorist-- biggest terrorist-- I am with him. Every Muslim should be a terrorist. The thing is that, if he's terrorizing a terrorist, he's for Islam!

Sam Black

In case you didn't get that, he said every Muslim should be a terrorist. Niazi sent this video to an undercover FBI informant, Craig.

Craig Monteilh

They said that I hit a jackpot with Niazi. They call it a jackpot.

Sam Black

Even after Niazi turned Craig in, for nearly a year, the FBI continued to surveil Niazi. Finally, two agents came to talk to him. After they left, Niazi immediately called Hussam Ayloush at CAIR.

Hussam Ayloush

He actually was crying. I mean, he was crying like a little kid, very fearful. And he kept repeating, I'm the one who called the FBI. I'm the one, and now they're turning on me?

Sam Black

The lead agent who met with Niazi was Thomas Ropel, who handled his case inside the FBI. Niazi said Ropel threatened him, told him that the FBI had something on him, told Niazi that he'd lied to them-- which is a federal crime-- at an earlier meeting with FBI agents, one of the meetings where Niazi thought he was there to help the FBI catch Craig. Here's Hussam.

Hussam Ayloush

And the agent actually told him, based on our interviews with you, you've made comments that are not accurate, and this would be perjury. And I feel bad for you, but you know, it's in your hands. You can change all of that if you cooperate with us. They said, you know, you speak Arabic, Pashto, and Dari, and you could be a great asset in helping us protect the country.

He said, well, that's what I did. I don't need to work for you. When I saw something bad, I'm the one who picked up the phone and reported it. So, well, we need you here, and we need you in Afghanistan. They offered them to be in Afghanistan, and they offered him money.

He said, I'm not going to go and spy on my people. I told you, if I see something bad, I'll report it. And then the guy told him, I hope you think about it, because if you don't, we can make your life a living hell.

Sam Black

That's what they said to him?

Hussam Ayloush

That's exactly the quote he gave me, because I wrote it down as he was talking to me.

Sam Black

Thomas Ropel confirmed in court that this meeting happened, though he did not say that he pressured Niazi to work for the FBI. But ex-FBI agents my producer and I talked to said it's common to leverage people like this. Again, they weren't commenting on Niazi's case, but one retired agent who had more than 20 years' experience in the Bureau said there are people all over the country being approached by the FBI and pressured with things they said on tapes.

He laughed when we asked him about it. It was like asking a plumber if he used a wrench. He says it happens at every level of law enforcement. He told us, quote, "It sounds like a terrible thing, guys, but it's the way business is done. It's the way the American people get protected. You've got to find people who can lead you to the bad guys."

Thomas Ropel returned with a group of agents and a search warrant. They raided Niazi's house, taking computers and financial documents. Months later, Ropel returned again and arrested Niazi.

Reporter 1

For the second time, federal authorities move in on this Tustin home. Their target? The 34-year-old owner.

Reporter 2

Tonight, this local home looks empty, but today, it was the scene of an FBI raid. The suspect? A man with alleged ties to terrorists.

Sam Black

The government charged Niazi with immigration fraud and making false statements. They said that when Niazi applied for US citizenship, he didn't mention that his sister was married to Amin al-Haq even though you're required to disclose if you have any ties to a designated terrorist. They also charged him for using inconsistent versions of his full name on official forums and for not disclosing two trips he'd made to Pakistan years earlier.

But what's interesting about Niazi's arrest is what he wasn't charged with. He wasn't charged with associating with terrorists himself, he wasn't charged with plotting an attack, and he wasn't charged for anything he'd ever said to Craig over the course of months of recorded conversations. Still, at Niazi's bail hearing, the prosecutor argued that he was a danger to the community. To prove that, she called Agent Thomas Ropel to the stand.

Court Officer

Will you please state your full name for the record?

Thomas Ropel

Special Agent Thomas J. Ropel III.

Court Officer

How do you spell your last name, please?

Thomas Ropel

R-O-P-E-L.

Court Officer

Thank you.

Sam Black

Ropel testified that a confidential informant had recorded the Niazi talking about jihad between 15 and 20 times. In addition, he said--

Thomas Ropel

There were some recordings that I had personally listened to regarding Mr. Niazi discussing gaining access to weapons and discussing blowing up buildings. And--

Sam Black

As Ropel went on, the judge asked him to clarify who had brought up these conversations-- Niazi, or the informant?

Thomas Ropel

--Mr. Niazi has instigated these conversations with an individual.

Judge

He instigated the conversations?

Thomas Ropel

Mr. Niazi did. Yes, correct.

Sam Black

Of course, the individual he supposedly instigated the conversations with was Craig Monteilh. I asked Craig about it.

Sam Black

Did Niazi ever instigate this kind of conversation with you?

Craig Monteilh

No, no. I did, every time.

Sam Black

Craig has changed his story on this. When Niazi was arrested in 2009, he basically said the complete opposite. He said Niazi recruited him for a terrorist operation. But Craig says now he's telling the truth. He says what really happened is that he went after Niazi more aggressively than anyone. Niazi wanted a friend, and he tolerated Craig's jihad talk more than most.

Craig Monteilh

The thing about Niazi was he tried to impress me. He's like 5'5" or so, and I was somewhat intimidating to him, so he just went along with what I said. He didn't say he wanted to be a part of this, but he didn't say to me, no, I don't. It's a very bad thing to do when you're being recorded.

Sam Black

Did you feel like, I've got this guy who's ideologically leaning towards jihad?

Craig Monteilh

What I thought was, I can bring him there. He was afraid. He looked like he was scared, which is where I wanted him to be. And my handlers told me to reel him in more. And he was just mesmerized by me.

Sam Black

I talked to people who know Niazi, and they backed this up. Niazi mentored Craig, but at the same time, he was enthralled by him-- at least until the moment when he and Mohamed decided to turn Craig in to the FBI. The government kept Niazi under house arrest for more than a year, with a curfew and an ankle bracelet. When I reached out to Niazi for this story, he sent me a statement. It says in part, "When the FBI agent threatened to make my life a living hell unless I became an informant-- which I refused-- the FBI made true its promise and really did make my life a living hell. In the past few years, my family and I have been struggling very hard to piece back together our lives."

The government eventually decided it didn't want to pursue Niazi's case. It filed a motion to dismiss all of the charges. Operation Flex ended without a single known conviction.

One person did go to jail, though-- Craig Monteilh. Six months after Craig was reported as a potential terrorist, the Irvine Police arrested him for a bizarre, unrelated crime. It turned out that during Operation Flex, he'd been running a side hustle, conning two women out of more than $150,000 in a scheme to traffic human growth hormone. He met the women at the same gyms where he was monitoring Muslims.

He went to prison for eight months. Craig sued the FBI over this, claiming the whole thing was part of an FBI drug sting and that his handlers conspired to have him arrested after he became useless in Operation Flex. A judge recently threw the case out.

You can probably imagine what Operation Flex and its aftermath did to relations between the FBI and the Muslim community in Orange County. Hussam Ayloush, the head of CAIR in Southern California, remembers the moment at Niazi's bail hearing when the FBI revealed that Craig was an undercover informant. Hussam was in the courtroom.

Hussam Ayloush

It was almost like a dagger in my back. I felt betrayed-- the whole community, not just me. We felt betrayed, because we talk about a partnership. If you see something, report it. If you suspect criminal behavior, call the police. People were saying, why should we do it? We're going to be the one, the target of the investigation.

The reality is, they never thought of us as partners. For them, we were all suspects. We were always deemed as suspects or potential terrorists.

Sam Black

Operation Flex didn't just make people suspicious of law enforcement, it made them suspicious of each other. So many people I talked to said they stay away from new converts now. They have a hard time believing people are who they say they are. Here's Ayman, the Egyptian guy who first befriended Craig.

Ayman

Really, what they did is they made everybody in the mosque not trust everybody. Nobody, nobody would talk about it, but nobody would-- you would see some weird looks, you know what I mean? People are looking at each other weird. I don't know. Maybe I was sensitive, but I can tell that the way they looked at me was just different.

Sam Black

In one of the most awkward developments of this story, the Muslim community is now teaming up with Craig Monteilh. The Council on American-Islamic Relations, CAIR, along with the ACLU, is suing the FBI Operation Flex. The government is arguing in response that allowing the case to go forward would reveal state secrets and harm national security. Craig is CAIR's primary resource in the case. He's now helping the people he used to spy on.

And he's been apologizing to some of them, too. He sees them often, because he still lives around the corner from the Irvine mosque and works out in the same gym. He made a special point of calling Yasser AbdelRahim, one of the first people he got close to.

Yasser AbdelRahim

I definitely appreciate the fact that he called, and that he apologized for it, but the damage is done. I don't know what to do, I really don't. I now have a fear that I'm being monitored all the time. I don't know how you can change that.

Sam Black

Craig's not the only one apologizing. After Niazi's charges were dismissed, he went to the courthouse to retrieve some of the property that the FBI had seized from his house. Thomas Ropel was there. They talked for about 20 minutes. Remember, Ropel is the agent who allegedly threatened Niazi, who later arrested him, and who then testified in court that he was a danger to society.

I spoke to the court employee who accompanied Niazi to this meeting. Before they left, Ropel went over to Niazi and shook his hand. He told Niazi that mistakes had been made. We're all human, he said. I'm sorry.

Ira Glass

Sam Black. He's a documentary filmmaker. His latest film, Kingdom of Silence, about murdered Saudi journalist Jamal Khashoggi, is streaming on Showtime.

Like we said earlier, the Supreme Court case that came out of these events was argued last month. The central issue in the case, FBI versus Fazaga, is whether the FBI was spying on people just because they were Muslim-- which, if true, would be unconstitutional. But the Supreme Court wasn't hearing arguments on that question. After all this time, the court system hasn't gotten to that question, because the government is trying to get the case thrown out.

The government says the FBI had good reasons to surveil all these people, but to mount a proper defense and explain what those reasons are, they would have to reveal secret information-- state secrets-- that would compromise national security. And they're saying that because there are state secrets involved, the court should throw out the case entirely. The lawyers bringing the suit on behalf of the Muslim community in Irvine argued before the Supreme Court that this goes too far. They don't have to throw out the case. There are ways the case can still move forward.

One of them, there's a law-- the Foreign Intelligence Surveillance Act, or FISA-- that would allow a judge to look at the classified materials. The state secrets still would not be public. The judge could see them; nobody else could. And then, the judge would come to a decision in the case. Or, the lawyers say, the courts could just let the case proceed without any secret evidence at all-- just leave that stuff out of the case.

The bigger principle here, in their view, is that there should be a way for people to get their day in court, even in a case where the government claims there are state secrets. If the Supreme Court does allow the case to go forward, the lawyer who argued the case for the Muslim community, Ahilan Arulanantham, said ultimately, if they win, they want all the information gathered in the surveillance operation to be destroyed.

Ahilan Arulanantham

And that is really important to the people in this community. They really were upset that the government spied on them while they were just living their lives, going to mosque in the morning, hanging out. Like you heard Yasser AbdelRahim playing Xbox, FIFA, with his roommates. And it's really deeply offensive to people that the government spied, got all that information. It's sitting somewhere in some digital vault in the FBI, and they want all of that burned.

[MUSIC - "PLEASE DON'T FOLLOW ME" BY JAMES MURPHY]

Ira Glass

Well, our program was produced today by Lisa Pollock with Alex Blumberg, Ben Calhoun, Sarah Koenig, Jonathan Menjivar, Brian Reed, Robyn Semien, Alissa Shipp, and Nancy Updike. Our senior producer for this episode was Julie Snyder. Music help from Damien Graef and from Rob Geddes. Production help on today's rerun from Katherine Rae Mondo, Stowe Nelson, Matt Tierney, and Chloe Weiner. Special thanks today to Petra Bartosiewicz Dina Temple-Raston, Sara Goldblatt, Cyrus McGoldrick, Benjamin Anastas, Ameena Qazi, Affad Shaikh, and Lawrence Wright. Thanks also today to Michael German, Masih Faloudi, Mohammad Tajsar, Hussam Ayloush, and Trevor Aaronson, the journalist Sam interviewed about the 500 FBI cases. He has a book about those cases, The Terror Factory: Inside the FBI's Manufactured War on Terrorism.

Our website, thisamericanlife.org, where you can stream our archive of over 750 episodes for absolutely free. Also, there's videos. There's lists of favorite shows. There's tons of other stuff there, too. Again thisamericanlife.org.

This American Life is delivered to public radio stations by PRX, the Public Radio Exchange. Thanks, as always, to our boss, Mr. Torey Malatia who-- and you may know this-- he wakes up early every morning, throws off the covers, looks at the alarm clock, takes a deep breath, and tells the world--

Craig Monteilh

5:45 AM, and I am hot.

Ira Glass

I'm Ira Glass, back next week with more stories of This American Life.

Next week on the podcast of This American Life, stories of what happens when you follow the rules, act responsibly, look out for others' welfare, when you're the grown-up in the situation, and things do not work out for you. You do not get rewarded. Others who ignore the rules jump ahead of you. In short, we're talking about one of the most frustrating things that happens when you do everything right, and it leads nowhere. True tales next week on the podcast or on your local public radio station.