Ex-US Judge Says Bout Was Arrested in Sting Op for Crime He Was Not Looking to Commit
03:20 GMT 13.12.2022 (Updated: 04:37 GMT 13.12.2022)
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NEW YORK CITY (Sputnik) - Former District Judge Shira A. Scheindlin, who presided over Viktor Bout's trial, told Sputnik she still believes the 25-year sentence handed to the Russian businessman was very severe, as he was arrested in a US sting operation for a crime he was not looking to commit.
Judge Scheindlin sentenced Bout to 25 years in a US prison in 2012 on charges of conspiring to supply Colombian rebels with weapons to kill Americans. Later, the retired judge said that Bout "got a hard deal," and 10 years would have been a "fair sentence."
"That is still true. I thought he got a very harsh sentence, because this was a crime that he wasn't looking to commit. He was approached by the undercover agents. He did not approach the Colombian terrorist organization. They did not approach him," Scheindlin said, when asked whether she had changed her mind.
"This was set up by the United States government. He was willing to do it [sell weapons] so it's not entrapment. But he wasn't looking to do it. He wasn't looking to commit this crime. Unlike an active drug dealer, for example. Then there's a sting where an agent buys the drugs, that's different, because he's already selling drugs every day," the retired judge explained.
At that point, Bout was "not in the business of the arms and he was not looking to deal with a terrorist organization," the retired judge added. She noted that given that "unique circumstance," she would have given a shorter sentence if she could have.
At the same, she disagreed that it would make sense to give Bout less than 10 years.
13 December 2022, 00:54 GMT
Judge Scheindlin said that she does not consider him a terrorist, rather a businessman, and doubts he plotted to kill Americans.
When asked if she believes Bout really wanted to kill Americans, Scheindlin replied "No, no, not really."
She said that an undercover US agent told Bout during a sting operation "Do you realize these weapons will be used to kill Americans?" and the Russian businessman reportedly said "Oh yes, I understand that. And I agree, it's my enemy too."
"So he said that on the tapes, he said, ‘It's my enemy too.’ So he said the right word, but he was not himself a terrorist who, who like Al Qaeda [a terrorist organization, banned in Russia] flies planes into the Trade Center. I would always say he's not an ideological terrorist. He's a businessman," the retired judge said.
Scheindlin expressed doubt that the businessman really thought about how the weapons would be used.
"He's a businessman. So I don't think he cares who got killed by these weapons that he sold. Whoever got killed – got killed. He sold it to two sides of a civil war in Africa. He sold to both sides," Scheindlin said.
The former judge said thatshe is happy that WNBA player Brittney Griner returned home, but does not believe her swap for the Russian citizen convicted of conspiring to sell weapons to Colombian rebels amounts to a "fair trade."
"We are glad that Brittney Griner was returned, but she committed no crime, in my opinion, at all, not even a violation of law, much less a crime, whereas Mr. Bout was convicted of a very serious crime. And so it was a very harsh bargain on Russia's part, because there was no equivalence between Mr. Bout and Ms. Griner," Scheindlin said.
She noted that the American people had hoped that the United States would "at least get two people back" in return for Bout, and were "disappointed" that Paul Whelan had not been freed in addition to Griner.
"That said, we are happy to have her back, and we are glad that at least there was some resolution to the negotiations, but it did not seem like a fair trade," the retired judge concluded.
"That said, we are happy to have her back, and we are glad that at least there was some resolution to the negotiations, but it did not seem like a fair trade," the retired judge concluded.
Last week, the United States released Bout in exchange for Brittney Griner, who was sentenced earlier this year to nine years in prison in Russia for illegally bringing cannabis oil into the country.
