Wednesday, February 03, 2010

Why we should prosecute terrorists

The Federal Court Judge to shoebomber Richard Reid during Reid's sentencing hearing, wherein he was sentenced to life in prison plus 80 consecutive years, a $2 million fine (and $5,478 in restitution to American Airlines):

This is the sentence that is provided for by our statutes. It is a fair and a just sentence. It is a righteous sentence. Let me explain this to you.

We are not afraid of any of your terrorist co-conspirators, Mr. Reid. We are Americans. We have been through the fire before. There is all too much war talk here. And I say that to everyone with the utmost respect.

Here in this court where we deal with individuals as individuals, and care for individuals as individuals, as human beings we reach out for justice.

You are not an enemy combatant. You are a terrorist. You are not a soldier in any war. You are a terrorist. To give you that reference, to call you a soldier gives you far too much stature. Whether it is the officers of government who do it or your attorney who does it, or that happens to be your view, you are a terrorist.

And we do not negotiate with terrorists. We do not treat with terrorists. We do not sign documents with terrorists.

We hunt them down one by one and bring them to justice.

So war talk is way out of line in this court. You're a big fellow. But you're not that big. You're no warrior. I know warriors. You are a terrorist. A species of criminal guilty of multiple attempted murders.

In a very real sense Trooper Santiago had it right when first you were taken off that plane and into custody and you wondered where the press and where the TV crews were and you said you're no big deal. You're no big deal.

Reid's was an almost identical case to the underwear bomber. You can't read the above and then seriously think that somehow the federal criminal justice system is not tough enough or can't handle these jerks.

In the course of my career I've met a number of federal judges and federal prosecutors from the Southern District of New York (where terrorists would be prosecuted). These are hardcore, deeply serious people. They are the best lawyers and judges in New York, which makes them probably the best lawyers and judges in the country. The underwear bomber couldn't even light his drawers on fire properly. I have no doubt who would win between him and the SDNY federal prosecutors in a match of wits or will.

(Hat tip Andrew Sullivan)

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