As the
New York Times pointed out, prosecutors frequently charge the associates of attackers: friends of Dylann Roof and the San Bernardino attackers were charged with lying to federal agents. While prosecutors elected not to bring charges against the wife of one of the Tsarnaev brothers responsible for the Boston bombing, the Boston office did charge three of the brothers' friends.
Dias Kadyrbayev and
Azamat Tazhayakov, who got rid of the Dzhokhar Tsarnaev’s backpack while fully aware of his role in the attack, were charged with obstruction charges similar to Salman. A third friend,
Robel Phillipos, was sentenced to three years in prison for lying to federal agents.
Reniya Manukyan, the wife of a man who implicated himself and Tamerlan Tsarnaev in a triple homicide, was also charged with lying to federal agents after her husband’s death.
But although it’s common to bring obstruction or false statement charges, the press generally takes a dim view when prosecutors do so. As the U.S. Attorney in the Southern District of New York, current FBI Director James Comey faced criticism when his office prosecuted
Martha Stewart for lying to investigators. Since 9/11, Muslim communities have also spoken up against the use of false statement charges: In March 2011, Farhana Khera, the president of
Muslim Advocates testified in a Senate hearing that she advised American Muslims not to talk to the FBI without a lawyer present, partly due to the fact that they could be charged with lying to the interviewing agent. On the other hand, advocates of this charging method argue that it’s an essential disruption method to prevent future deadly attacks.
Elton Simpson, for example, was charged with lying to federal agents in 2011, but was sentenced to three years probation by a skeptical judge. Four years later, he became an ISIL-inspired active shooter when he attacked the Muhammad Art Exhibit and Contest outside Dallas, Texas.
What's unusual about the current case is that Salman was indicted on material support charges along with obstruction. In her interview with the
New York Times, Salman and her attorney expressed anxiety at the prospect of being charged with lying to agents, but never seemed to consider the possibility of material support charges, which are notoriously more difficult for the government to bring. However, according to the timeline in the complaint, Salman helped her husband provide material support to ISIS for nearly two months, support that culminated in his deadly attack.
Late last week, a federal grand jury in the Middle District of Florida returned a two-count indictment against Noor Zahi Salman, the wife of Orlando shooter, Omar Mateen. On June 12, Mateen opened fired in the Pulse nightclub in Orlando, Florida, killing 49 people and wounding 53 others.
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