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-- meeting at a Forresthill, CA residence, purportedly to plan their attack, no supportive evidence cited;
-- defendant Weiner ordered a book titled, "Poor Man's James Bond," supposedly with explosive making instructions;
-- defendants visited the alleged target sites "to perform reconnaissance;" and
-- bought the following items: three bottles of bleach, a hot-plate, glassware, a gasoline can, a car battery, and three jars of petroleum jelly.
Yet prosecutors said these activities violated Title 18, United States Code, Section 844(n), even though engaging in them and all items bought are legal and nonviolent. Prosecutors cited no incriminating evidence proving otherwise. How could they? There was no plot or crime, the FBI inventing guilt by entrapment, a scheme used numerous times before, snaring innocent victims in the "war on terror."
A government informant called "Anna" befriended, encouraged, deceived, and entrapped them, earning at least $75,000 for her services, according to Sacramento-based FBI Special Agent Nasson Walker. "She was the glue" said McDavid's lawyer, Mark Reichel, explaining that "Take away Anna, and (the case) would have scattered in the wind like so many tumbleweeds."
In an affidavit filed in the case, Walker said she was used in at least 12 prior cases, entrapping others like McDavid, Jenson and Weiner, provoking them to discuss actions they never committed or wanted to, manufacturing fake crimes. Reichel explained that "when you have someone poking you and prodding, egging you on," you end up saying or going through the motions of things you'd never do, but may seem like it, making defendants vulnerable because jurors are afraid to exonerate.
McDavid's case is especially troubling, according to Reichel:
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