The Secret Agent

In August 2005, Amawi and Griffin, the FBI's undercover man, traveled from Detroit to Jordan carrying five laptop computers that Amawi allegedly intended to deliver to "the brothers." The two made a second trip to Jordan a few months later. Throughout these alleged machinations, Griffin continued make audio, and in some cases, video recordings of the suspects.

Finally, in February 2006, the feds arrested El-Hindi, Amawi and Mazloum. (According to his lawyer, Amawi was actually arrested in Jordan and flown back to the United States). The decision was a difficult one for the FBI because it meant that Griffin's role as an undercover informant would  have to be exposed, given that he was the main witness against the defendants. The decision to bring the case to court—and expose the undercover informant's identity—"represents the challenge we face in these cases between prevention and prosecution," said Frank Figliuzzi, Special Agent in Charge of the FBI's Cleveland office. Figliuzzi told Newsweek that investigators decided that they had to blow their source's cover because they feared that "left to their own devices," the suspects either would have made their way to Iraq to join anti-American insurgents, or plotted mayhem closer to home—or both.

When the case came to trial this spring, Griffin appeared for the first time on the witness stand and was grilled by defense lawyers about his actions and background, including his alleged use of cocaine and marijuana while acting as a DEA informant. Defense lawyers also tried to show Griffin had manipulated both their clients and his FBI handlers. The lawyers did not allege entrapment; instead they argued that Amawi, the most important defendant, knew all along that Griffin was an FBI informant but was trying to milk him for money. A Toledo jury didn't buy it. They convicted all three defendants of all criminal counts against them. The men still await sentencing. El-Hindi faces additional charges of conspiring to defraud the Internal Revenue Service in connection with a $40,000 grant he received to set up a tax-advice clinic.

Investigators say the El-Hindi case illustrates the critical role of undercover informants in identifying potential terror suspects. That's one reason the FBI now wants to expand its use under the proposed new guidelines that Mukasey is considering. The use of undercover informants for general intelligence gathering comes at the same time as a broader bureau initiative called "Know Your Domain." Under the program, which is just starting in some cities, FBI offices will be instructed to develop detailed national security threat profiles in their communities. "It's basically threat assessment," said a senior official familiar with the program who asked not to be identified talking about sensitive matters. "Do we have a problem with the Hassidic community in New York? Do we have a problem with Muslims in Newark? Do we have a problem with rodeo guys in Montana?"

© 2008