Two decades ago, Shahawar Matin Siraj started to feel uneasy about a plan to bomb a subway station in Manhattan. Osama Eldawoody, a New York City Police Department informant recruited after 9/11, had established himself as a father figure to Siraj, who was 21 when they met. Eldawoody was almost twice his age. He had shown Siraj graphic visuals of Muslims being tortured and told him that suicide bombings were forbidden but “killing the killers” was not.

Siraj eventually introduced Eldawoody to a friend, James Elshafay, who was 19 at the time. Elshafay started suggesting actual targets, such as bridges and police precincts. Siraj offered an alternative: the Herald Square subway station. Eldawoody told Siraj that the “Brotherhood” wanted to support his plan.

But as it started to feel real, Siraj tried to back out — insisting about 18 times that he was not willing to place bombs in the station. “I have to, you know, ask my mom’s permission,” he had said — suggesting that the most he would be comfortable with would be acting as a lookout. Siraj and Elshafay were arrested a week later.

Elshafay pleaded guilty and was sentenced to five years in prison and three of supervised release. Siraj decided to fight the charges, went to trial, and was sentenced in 2007 to 30 years in prison after three years of pretrial detention.

Now, after serving more than 75 percent of his sentence, he and his lawyers at CLEAR, a legal nonprofit and clinic at the City University of New York, are fighting for his compassionate release.

Opening arguments took place on Wednesday before the U.S. Court of Appeals for the 2nd Circuit in Manhattan, where Siraj’s legal team is appealing a March 2023 decision from the U.S. District Court for the Eastern District of New York denying that request. Siraj’s lawyer, Mudassar Hayat Toppa, a staff attorney at CLEAR, argued that he deserves compassionate release for many reasons, especially his youth and vulnerability at the time. A forensic psychologist, arranged by the defense to evaluate Siraj for sentencing, had previously said that he had impaired........

© The Intercept