Get Caught in a Sting, Get Thrown Out of the USA, Get Gagged about It

I suggested last month that the Liberty City Seven indictment looks more and more like a made for TV event, particularly after a mistrial was declared and one of the Seven, Lyglenson Lemorin, was acquitted of all charges. Well, now Lemorin is undergoing his own little Orwellian hell.

On the day of his acquittal, the judge in the case issued an oral gag order pertaining to the upcoming retrial of the remaining six defendants.

A federal judge on Friday aired serious concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile case.


Her order — an edict normally seen in organized crime or major drug cases — means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. Jurors’ names were known to both sides in the first trial.

The judge also ordered U.S. marshals to provide criminal background checks on all prospective jurors for both sides, and to escort those chosen for the 12-member panel to and from the courthouse in downtown Miami.

”I do find there is a strong reason to believe the jury needs protection,” Lenard said. “Here we have defendants accused of being members of a terrorist cell.”

No such precautions were taken during the first trial, which ended Dec. 13 in a mistrial for six defendants of the so-called Liberty City 7.

That’s a problem for Lemorin for two reasons: Judge Lenard extended the gag order to include him, and immediately upon being acquitted (as his objection to the gag order describes),

Lemorin was spirited away from FDC, Miami and transferred to the Stewart Detention Center in Lumpkin, GA, by unknown government agents in the dead of night under secretive circumstances.

Apparently, the government has put Lemorin into deportation proceedings and has asserted in public documents, submitted after the gag order, that "Lemorin has liaility in uncharged criminal conduct." That claim presumably makes Lemorin subject to a PATRIOT Act provision that provides the government broad leeway in deporting those with terrorist ties. 

Lemorin is a legal US resident who grew up in the US, is married, and has two kids.

Now, as it turns out, the government wants the gag to extend to include Lemorin’s wife, who spoke with reporters for a January 31 article on Lemorin’s fate.

Lemorin, 32, a lawful U.S. resident, remains behind bars — far from his Miami family — in the tiny town of Lumpkin, Ga., a deportation center 150 miles south of Atlanta.

On Thursday, Lemorin’s wife learned from The Miami Herald that federal authorities have charged her husband with unspecified ”administrative immigration violations” and that he has been placed in ”removal proceedings” that could lead to his deportation to his native Haiti.

”He has kids here, and we really need him home,” said Lemorin’s wife, Charlene Mingo Lemorin. “He can’t do anything for us in Haiti. Everything was settled by the jury. He was found not guilty. It’s like the nightmare is not over.”


Lemorin got to know the group’s ringleader, Narseal Batiste, by working odd jobs at his construction company and participating in his religious group, the Moorish Science Temple, which combines Christian, Jewish and Muslim faiths. Batiste began talking about terrorism plans with an FBI informant, who posed as al Qaeda representative. With promises of money, the informant led Batiste and his followers deep into a terrorism plot, including taking loyalty oaths to al Qaeda in March 2006.

But Lemorin had serious reservations, later telling the FBI that he knew ”nothing good would come from this.” Indeed, in April, he moved with his future wife and two children to Atlanta to start over. He and Charlene married the following month.


Charlene said her husband got a job as a stock clerk with Abercrombie & Fitch, and she worked as a hair stylist.

”He wanted to distance himself from the group, and we wanted to pursue our business careers and a better place for our children,” said Charlene, adding that her husband wrote rap songs and wanted to break into the record business.

Their hopes were shattered when the FBI arrested him amid much publicity. ”I was very shocked,” she said.

Charlene Lemorin appears to have said almost nothing about that would not otherwise be available in public court docuements–aside from her concerns that the government is preparing to deport Lemorin to Haiti. But the government has asked the judge to chastise her even for these comments.

Gosh, you think the government doesn’t want us to know that they’re still trying to press charges from their little teevee event? 

18 replies
    • emptywheel says:

      I think it’s there way of saying, “under PATRIOT we can deport anyone we claim has ties to terrorists, with a very very low burden of proof.” It’s the same concept that says they can arrest anyone and not tell them why and declare the enemy combatants without havign to prove it–only not quite so offensive.

      Immigration law has long (maybe always) been one of the most arbitrary areas of “law” in this country. Which I imagine makes it very easy for them to silence someone who got caught up in a sting.

  1. JohnJ says:

    Welcome to the new “democracy”. Give them another 4 years and all us DFH will be wearing prominent yellow stars and be required to carry our “papers” with us at all time.

    Oh wait, the papers thing is already here.

    Well, this ruins my lunch.

  2. oldtree says:

    Is this is the one where the FBI agent is now accused of tampering with the evidence and making false statement and is even suspected to have created the plot and connection? Where the gang needed tennis shoes and black clothing in Florida?
    it is getting really extreme when they are now trying to hide their idiotic mistakes by deportation and the use of the fascist part of the patriot act. Seems on it’s face to be a serious violation of the constitution of this country to treat someone that way

    • bmaz says:

      Yes this is that one; the “suspects” asked the govt. infiltrator, who was effectively the driving force behind the whole “plot”, for some spare money because they did not have, and could not afford, tennis shoes and cell phones. It also turns out that the supposed “leaders” literally did not know where the Sears Tower was, in spite of the fact that was what they were supposed to be plotting to blow up.

      This case should be dismissed with prejudice and the DOJ, FBI and DHS idiots responsible for ginning it up sanctioned and censured.

  3. Hmmm says:

    I hope somebody somewhere has been busy drafting all the legislation required to undo ALL this fuckery, so it can be passed in the first weeks of the next Congress.

    • freepatriot says:

      something like this ???

      Amendment 28 to the Constitution of the United States:

      all official acts of president george w bush, from January 20th, 2001, to January 20, 2009, are hereby repealed

      all immunities and pardons issued by george bush between the above specified dates are hearby declared NULL AND VOID, and NO COURT shall recognize any immunity or pardon issued by george w bush

      all appointments to any office of trust or profit that were made by george w bush between January 20th, 2001, to January 20, 2009, are hereby declared null and void. no person shall be a Judge, or continue to serve as a government official if that person was appointed or promoted by george w bush

      all legislation that was passed by Congress during the term of george w bush, and signed by george w bush, is hereby declared null and void, and shall be considered UNCONSTITUTIONAL by every Court and Government Agency

      this amendment shall be a Constitutional repudiation of all of the acts of george w bush

      it might need a little tweeking (BMAZ, that’s your cue) but that ought a do it

      • Hmmm says:

        Hysterical! Though I guess I was thinking more along the model of the good ol’ USA Patriot Act, which was evidently all bundled up and ready to go — in its multi-hundred page glory — well in advance of 2001-09-11.

        Be Prepared, as it were.

        • freepatriot says:

          I like em short and sweet

          plus, when you’re dealing with a Constitutional Amendment, it’s kinda hard for somebody to say that it’s “UnConstitutional”

          the Constitution can’t be Unconstitutional

          and even more added bonuses, it would make it really hard for the repuglitards to survive, or defend george bush, if we put a repudiation of george bush in the Constitution

          we might all be dead georgie, but we’re leaving a BIG CLUE for history to use when making the judgment


          by Constitutional decree

      • bmaz says:

        I would like to co-sponsor my honorable colleague’s piece of legislation, and urge one and all to vote in favor of the “George Bush Was Totally Wrong On Fucking Everything Act”.

  4. Hmmm says:

    Uhrm, do we really want to be opening the Constitution up for rewrites these days, with these characters still running around? Careful what ya wish for…

    • freepatriot says:

      you realize that 67% of the people gotta agree before we amend the constitution, right ???

      so you think this is a BAD idea ???

      70% of the country agrees with us

      george bush sucks

      they got polls that prove this

      been doing it for years

      you could look it up

  5. JamesJoyce says:

    “Lyglenson Lemorin, was acquitted of all charges.”

    “Apparently, the government has put Lemorin into deportation proceedings and has asserted in public documents, submitted after the gag order, that “Lemorin has liaility in uncharged criminal conduct.” That claim presumably makes Lemorin subject to a PATRIOT Act provision that provides the government broad leeway in deporting those with terrorist ties.”

    “Lemorin is a legal US resident who grew up in the US, is married, and has two kids.”

    Arrested, Charged, Tried and Aquitted of all charges. Now has a gag order extending to family while “aquitted” is being deported. No double jeopardy here. A new law, the Patriot Act now trumps the constitution? This is exactly what the “scumbag nazis” did!

    • emptywheel says:

      There’s a discussion of just that in the last newspaper article I linked to–the Miami Herald one that quotes his wife. I sort of suspect the way the govt is treating the gag is as much about hiding this reality of PATRIOT (don’t want another aspect of PATRIOT declared unconstitutional) as anything else.

      Though the judge is pretty pissed that Lemorin may be deported before he can be a witness at the next trial; both trials (immigration and terrorist) start next week.

      • bmaz says:

        Why doesn’t the judge issue an order to hold him then? I would think a district court judge could monkeywrench this deportation junk if they were so inclined.

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