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Judge Orders Release of Three of “Newburgh Four” Set Up by FBI
They became known as the “Newburgh Four”: James Cromitie, David Williams, Onta Williams, and Laquerre Payen. The FBI arrested the four men on May 20, 2009, on terrorism-related offenses involving a plot to attack the Air National Guard in Newburgh, New York, by launching missiles onto Stewart Airfield and bomb two synagogues in Bronx, New York.
The core facts in the Newburgh Four case are chronicled in an August 2013 decision by the New York-based Second Circuit Court of Appeals.
As with far too many so-called terrorism plots against America in the decade following 9/11, the Newburgh/Bronx plot was manufactured and sponsored by the FBI through one of its thousands of paid informants utilized during that era to frame gullible Muslims, and others ensnared in “fake” plots.
The FBI planted these informants—most of whom were cooperating with the agency to avoid criminal prosecution—in Muslim communities throughout the United States to find and create domestic terrorism plots.
Once local FBI agents realized that the Muslim communities were not hotbeds of real, ongoing terrorism, they instructed their criminal-minded informants to scrounge around for any potential terrorists from which an actual plot could be manufactured.
That is what happened in the Newburgh Four case.
In 2003, a Pakistani national named Shahed Hussain was convicted of criminal fraud. Facing deportation back to his native country, Hussain became an informant for the FBI against another individual. Satisfied with his snitching ability, the FBI added Hussain to its paid informant rolls in 2007. They assigned him to work in the lower Hudson Valley area with the singular instruction to seek out and cultivate “disaffected Muslims” who may have had real or imagined grievances against the United States. Hussain later became infamous as the owner of a down-market limousine company that rented a defective vehicle to a group of partygoers in 2018, leading to 20 deaths. He received 15 years in prison for 20 counts of manslaughter for his role in the tragic offense.
The design of FBI’s anti-terrorism program was clear: there had to be terrorists somewhere in the Muslim communities because the agency had equated terrorism with Islam, as had most Americans in that era. When legitimate investigations failed to produce the perceived terrorists, the FBI shifted its legitimate focus to the unsavory and often criminal tactic of manufacturing Muslim-inspired domestic terrorism through its paid informants.
And that is precisely what happened in the Newburgh Four case.
By June 2008, Hussain had wormed his way into a local Newburgh mosque at the instruction of his FBI handlers. The agency gave Hussain enough money to pass himself off as a successful Pakistani businessman. They gave him a nice house and car wired for video and audio surveillance.
The FBI plan showed promise that summer when, according to Hussain, the informant was approached by James Cromitie, who identified himself as Abdul Rahman. Cromitie claimed Afghani origins.
During a drive in Hussain’s vehicle from the mosque to Cromitie’s residence, the petty drug thief told the informant that he wanted to do something against the U.S. for its presence in Afghanistan—something that would make him a martyr and allow him to “go to paradise.”
At that point, Hussain opened the terrorism dialogue by telling Cromitie that military planes frequently flew out of Stewart Airfield loaded with arms and ammunition for delivery to Afghanistan to be used against the Taliban insurgency.
Over the rest of the 2008 summer, Hussain continued to gin up Cromitie, who repeatedly expressed hatred for Jews and Americans and leveled more than 700 threats against the life of the President of the United States. While this may be vile and scary speech, it is protected under the Constitution, just as the speech of far-right white supremacists, which has been left to fester in the country, with little law enforcement attention.
Per the instructions of the FBI, Hussain, in July 2008, planted the seed in Cromitie’s marginalized brain that he had terrorist connections in Pakistan. At Hussain’s invitation, Cromitie said he would love to join forces with the Pakistani terrorists.
Between October and November 2008, Hussain recorded four conversations he had with Cromitie, during which the petty drug thief:
- Continued to express his hatred of Jews;
- Stated that American Muslims should engage in attacks against the U.S.;
- Stated that he and “his team” wanted to attack the George Washington Bridge;
- Stated that he was ready to accept Hussain’s “guns and missiles;”
- Stated that he was prepared to start a jihad against America with an attack on Stewart Airfield;
- He and Hussain took surveillance photos of Stewart Airfield;
- Discussed plans with Hussain about attacks on synagogues in the Bronx; and
- Stated that he would need at least $25,000 for other members of his team.
Between February and April of 2009, Hussain escalated the plot with talk of making $250,000 for Cromitie, who then brought David Williams into direct contact with Hussain to discuss the facets of the planned attacks. Cromitie and Williams brought Onta Williams and Laquerre Payen into the FBI-inspired plot. All four men discussed the suggested missile attack on Stewart Airfield and the bombing attacks on the Bronx synagogues. Each was looking at the $250,000 payout.
All four men would either purchase or attempt to steal guns for use in the attacks in 2009.
The FBI did its part as well, building a Hollywood inspired terrorist set. The agency rented a warehouse storing fake bombs and Stinger missiles inside.
On May 6, 2009, Hussain escorted Cromitie, David Williams, and Payen to the warehouse located in Stamford, Connecticut. The four men then loaded the bombs and missiles into the trunk of Hussain’s FBI-purchased vehicle and drove them to a storage facility rented by Hussain in New Windsor, New York.
Between May 13 and May 19, Hussain escorted the four men in the FBI-purchased vehicle on surveillance trips to the Stewart Airfield and the Bronx synagogues.
On May 20, Hussain drove the four men to the New Windsor storage facility where they picked up the fake bombs and Stinger missiles. Hussain took the men to Riverdale, a community in the Bronx, where he let the Williams and Payen out of the car to serve as lookouts near the Riverdale Temple Synagogue. Cromitie then got out of the car and planted one of the fake bombs in the trunk of a Pontiac parked directly in front of the synagogue and the two other fake bombs on the backseat of a nearby Mazda outside a community center.
Both vehicles had been planted there by the FBI as part of Hussain’s orchestrated plan to blow up the Temple Synagogue.
The FBI trap closed immediately with the arrests of all four men.
The Newburgh Four case immediately began to be shrouded by charges of FBI entrapment, outrageous government conduct in both the investigation and prosecution of the case and the use of perjured testimony to secure convictions against the four men.
The government nonetheless obtained its conviction in the Newburgh Four case in October 2010. U.S. District Court Judge Colleen McMahon, who presided over the trial of the four men, sentenced them to mandatory 25-year minimum sentences in June 2011.
Judge McMahon has never been satisfied with the way the government investigated and prosecuted the Newburgh Four case. She believed that the four men were petty, hapless, penurious criminals lured into an FBI-orchestrated conspiracy with the help of a criminally cunning informant who bedazzled the men in the conspiracy with the lure of a $250,000 prize,
On July 27, 2023, Judge McMahon took action to alleviate some of the injustice inflicted on three of the four Newburgh Four. The Judge ordered that David Williams, Onta Williams, and Laquerre Payen be released from prison in 90 days under a federal “compassionate release” program. The Judge based her decision on the premise that the sentences imposed on the men were “unduly harsh and unjust.”
Judge McMahon characterized Hussain as the lead conspirator in the FBI-created plot—not the four petty criminals. She conceded that the men’s decision to participate in the plot was “heinous” but that the sentences imposed on them were “the product of a fictitious plot to do things that these men had never remotely contemplated, and that were never going to happen.”
She called Hussain the real “villain” in the case—an unscrupulous man with a criminal history before and after the Newburgh Four case. “A person reading the crimes of conviction in this case would be left with the impression that the offending defendants were sophisticated international terrorists committed to jihad against the United States,” Judge McMahon wrote. “However, they were, in actual reality, hapless, easily manipulated and penurious petty criminals…The three men were recruited so that Cromitie could conspire with someone,” she wrote. “The real lead conspirator was the United States.” The Judge also “suggested that the government had undermined “respect for the law” by sending “a villain like Hussain to troll among the poorest and weakest of men” with “an offer of much-needed cash in exchange for committing a faux crime.”
As Gary Larkin of the Riverside Press reported, even local Jewish leaders agreed with the Judge’s conclusion. Rabbi Thomas Gardner of Riverdale Temple, one of the synagogues targeted in the plot, said that he was nervous when he first heard the news “until he realized they weren’t terrorists seeking to attack Jews…The guys were small-time crooks who were talked into making some money,…It was really something where the government entrapped them. I am glad they are out. I’m sure they suffered enough.”
James Cromitie’s attorney said his client will probably seek the same “compassionate release” received by his co-defendants. His scheduled release from federal prison is in 2030.
We find it strangely interesting how right-wing Republican lawmakers are currently clamoring for an end to the FBI and Justice Department for weaponizing those agencies against their criminally indicted political leaders but were silent during the post-9/11 era when the agencies were targeting the nation’s Muslim communities with fabricated terrorism plots. When this weaponization was targeted against “the other,” they considered the “weaponization” of the agencies as “excellent law enforcement.” It should never be acceptable for law enforcement to get caught up in politics and search for increased funding by creating crime and feeding into the fear of the public.
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Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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