UNITED STATES V. MOHAMUD 29 Mohamud argues that his actions after the Bill Smith emails are irrelevant for entrapment purposes, as they were tainted by the government’s overwhelming inducement. And with those post-Bill Smith actions set aside, the argument goes, there was insufficient evidence for the jury to conclude that he had the necessary predisposition to commit this crime. This is wrong for two reasons. First, although “only those statements that indicate a state of mind untainted by the inducement are relevant to show predisposition,” statements made after the inducement which make “clear that [Mohamud] would have committed the offense even without the inducement” are evidence of predisposition. Poehlman, 217 F.3d at 704–05. This would include Mohamud’s statements that he made about the “awesome” terrorist attacks in Mumbai and on September 11th, and that he had been thinking about these “things” since he was fifteen years old. And a reasonable jury could infer that his decisions to become “operational” and blow something up the first time he met Youssef (and later, to choose Pioneer Courthouse Square at its most crowded time) were evidence that his predisposition existed long before FBI contractor Bill Smith emailed him. Second, even if there were a rigid wall between pre- and post-inducement, there was sufficient evidence for a reasonable jury to reject the entrapment defense. Mohamud’s Jihad Recollections articles—both the draft and final versions—provided ample evidence of his predisposition to carry out the charged crime. In those articles, he, among other things, coached people on how to prepare themselves physically to attack and kill their Western enemies, and saluted those in Afghanistan who “finish[ed] off” wounded American soldiers. Although these articles may come across

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