Here's the problem with using the criminal justice system as a tool against terrorists: by design and intent, it is a system that deals with events that have already occured. Yet in dealing with terrorism, the whole point is to stop events from happening.
The way the US government has attempted to adopt and adapt the system since 9/11 is to look for lesser charges that can be used to get people deemed a risk off the street -- find a reason, any reason, they can be arrested. (Hence, I believe, the reported disagreement with the Brits over when to step in and arrest the plotters there. It's a difference in philosophy -- the Americans just don't want to accept the risk entailed in letting plots play out further. They want to make arrests pretty much when there are chargeable offenses.) It's also why I believe the critique that there have been few terrorist-related successful trials is unfair as is the related charge that so many out-of-status foreigners who might not have been deported or arrested before are being dealt with according to the strict letter of the law. If being out-of-status was what they could grab someone deemed a risk on, so be it.
Today there's a Post article that is framed as area Muslims being worried that they're being targeted by law enforcement, but it's equally a story about this approach: men were viewed as legitimate risks, and the prosecutors found charges they could be arrested on. Without knowing any more than what's in the article (and we know how limited that is) it does sound as if the man who features centrally in the article may indeed have been caught up in something unintentionally, but I think the article makes clear -- yet again -- that the group that was prosecuted and found guilty on various terrorism related charges in the Northern Virginia area, the paintballers, really were a threat.
In order to decide that they weren't a threat, and shouldn't have been prosecuted, you pretty much need to decide that we shouldn't care if people are preparing to assist in terrorism against a democratic ally (India) in this country. Seems to me even if you believe a cell is only preparing to operate overseas, we still have a responsibility to act under those circumstances.
The article is also interesting because it makes the point that until a short while ago the majority of Muslims in the area (we're talking northern Va.) were primarily secular professionals.
What happened that inside a community of secular professionals was found a group plotting terrorism, or to assist in terrorism? Well, first, you ended up with a generation turning to religion in rebellion against their parents.
Second, once again, follow the money:
But in recent years, an ultra-orthodox Islamic movement blossomed, spurred by a global Saudi missionary campaign. By 2000, the Saudis had built Islamic colleges in Fairfax County and Alexandria and were sending free Korans and preachers to the area. Hundreds of young people were inspired by the movement -- among them, Chandia.
The article correctly identifies the Islamic movement calling for Muslims return to the "pure" Islam as practiced during the 7th century as Salafism, but never mentions the particular school, or sect, of Islam practiced as the state religion in Saudi -- Wahhabism. That's a mistake, because the Saudis ain't spendin' all that money for nothing. They've spent billions over the years, and their focus, keep in mind, is not so much preaching Islam to the uncoverted as it is ensuring that those who practice Islam practice the kind of Islam they want. So while you need to look at Salafism when you talk about jihadism, if you're talking about the influence of Saudi money, you need to talk about Wahhabism.
And what were people hearing down there?
His supporters at Dar al-Arqam bristle at prosecutors' assertions that he was spouting radical politics; his speeches, they say, focused on spiritual subjects. But they also reflected an alienation from his own culture.
In one of his taped lectures available on the Internet, Timimi warned Muslims not to become too friendly with non-Muslim "disbelievers" or even work for them if other jobs were available. "A Muslim should never allow the disbeliever to have the upper hand," he said.
And he echoed the widespread perception in the Muslim world that the West is an enemy in a clash of civilizations.
"The greatest power in the world inimical to Islam is the United States," he declared in a lecture cited by prosecutors.
Obviously you cannot and should not prosecute speech. But it does put subsequent behavior in a context, yes?
More:
Five days after the Sept. 11, 2001, hijackings, Royer and several other young Muslims met Timimi at the Fairfax home of a Dar al-Arqam regular, 25-year-old Yong Ki Kwon, and anxiously asked the lecturer's opinion of the attacks.
Timimi urged the men to keep their conversation secret. He suggested that a global war between Muslims and non-Muslims was beginning, according to later testimony. He urged the men to "go be with the mujaheddin anywhere in the world," as Royer would recall. According to three men at the dinner, Timimi urged them to defend the Taliban against an imminent U.S. attack; Timimi and two others denied that.
Four of the men promptly set out for a Lashkar camp, using Royer's contacts. The men were hoping to get weapons training, Kwon later testified, to defend their "brothers and sisters in Afghanistan."
I can appreciate the concern this community feels for this man they feel did little more than mail some packages. But their concern needs to be tempered with an understanding that there is legitimate cause for concern, and real evidence of threat, on the part of the larger community regarding these other men.
Does the government's approach mean plots will always be broken up before we actually know how far they would have gone? Yes.
You know, as long as the charges are adjusted appropriately -- I'm okay with that.
The government has strenuously denied targeting Muslims based on their faith. But prosecutors agree that they are trying to send a message -- of zero tolerance for terrorism-related activities.
In the end, officials acknowledge that they will never know how dangerous the local men were.
"Did we break something up? Yeah, we think we did," said a law enforcement official involved in the case, speaking on condition of anonymity under Justice Department rules. "But we would not profess to say we had anything more than the potential for it."