Put Accused Terrorists in Virginia? Sure, Go Ahead

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With the Obama administration's plans to shut down the Camp Delta detention facility at Guantanamo Bay presumably moving forward apace, some detainees might end up in the commonwealth -- perhaps in a detention facility in Northern Virginia to await trial there. Last week Virginia Reps. Eric Cantor, Frank Wolf, and Randy Forbes called on Gov. Tim Kaine to join them in opposing the idea of moving any detainees to any facility in Virginia.

Public sentiment probably agrees with the congressmen. Indeed, a common argument against closing Camp Delta holds that the alternative would be to bring "the worst of the worst" to America's shores, which would be intolerable. But the argument, and the fears underlying it, never have made much sense.

Are some of the detainees dangerous? Sure. Most people held in high-security lockdown are. But for several reasons, it is silly to be especially scared of moving Guantanamo detainees to continental U.S. soil.

First, nobody lost any sleep over the fact that domestic terrorists such as Timothy McVeigh, the Unabomber Ted Kaczinski, or Weather Underground members such as Kathy Boudin have been imprisoned in the continental United States. McVeigh murdered 168 people in the worst terrorist attack in America prior to 9/11. That is 167 more than were allegedly murdered by Omar Khadr, a Guantanamo prisoner since age 15 who is accused of having thrown a grenade during a firefight in Afghanistan in 2002.

SECOND, while not all those being held at Guantanamo resemble Khadr, not all of them qualify as terrorist masterminds like 9/11 plotter Khalid Sheikh Mohammad, either. They run the gamut -- and include 17 Chinese Uighurs cleared for release by the Bush administration. (The Uighurs are still being held only because of a political logjam.)

Third, in some ways even terrorist masterminds might actually be less dangerous than ordinary criminals after any length of incarceration. A child molester or a psychotic killer who broke out of prison could resume his crime spree immediately. But a terrorist mastermind requires a network, sources of funding, and hard-to-acquire materiel to carry out his plans. Once his identity is known, his former associates are likely to steer very wide of him, on the assumption that he will be watched.

Given enough time, a terrorist mastermind might rebuild a sleeper cell and put new plans in motion. But even in the extremely unlikely event that he managed to escape, he could not simply pick up where he left off.

The fourth reason not to worry about a terrorist breaking out of a supermax prison is that such escapes simply don't happen. Americans who fear such an event have either seen "Con Air" one time too many -- or put too little faith in the men and women who protect them.

FINALLY, those who shrink from the very idea of housing terrorists on U.S. soil ought to be aware that America already does just that. Some examples:

  • Khalid Al-Jawary, a terrorist convicted in 1993 of planting bombs at JFK airport and along Fifth Avenue in New York in 1973. Al-Jawary was a member of Black September, the terrorist organization responsible for the murder of Israeli athletes at the 1972 Olympics. The other day Al-Jawary was released (yes, you read that correctly) after being held for 15 years at the federal Supermax facility in Florence, Colo. He was deported to Sudan.
  • 9/11 plotter Zacarias Moussaoui, the "19th hijacker." He also is being held at the Florence Supermax. Before that he was imprisoned for three years in Alexandria, Va.
  • Ramzi Yousef, the mastermind of the 1993 attack on the World Trade Center. He too is held at Florence.
  • Richard Reid, the shoe bomber responsible for the inconvenience endured by millions of airplane travelers before they board. He likewise is being held in the same Colorado facility.
  • Ali Saleh Kahlah al-Marri, an accused al-Qaida sleeper agent held without charge from December 2001 until just recently (when the Obama administration indicted him on charges of conspiracy and providing material support to terrorists). He has been held since 2003 at the Naval Consolidated Brig in Charleston, S.C. Before that he was held in civilian-run jails in Illinois and New York.
  • The Lackawanna Six, often referred to as a "homegrown terrorist" group. They are six Yemeni-Americans, born in the U.S., who underwent training at an al-Qaida camp in Afghanistan. Arrested in 2002 and charged with supporting a terrorist organization, they were given sentences of seven to 10 years -- and consigned to a federal correctional facility in Terre Haute, Ind. One (Faysal Galab) already has been released.
  • The nation's correctional facilities have held some of history's greatest monsters -- from Charles Manson and Jeffrey Dahmer to Dennis Rader, the "BTK Strangler" who is currently serving 10 consecutive life sentences in a Kansas prison. Americans should be able to sleep soundly in the confidence that our prisons can hold a few more.

    My thoughts do not aim for your assent -- just place them alongside your own reflections for a while.

    --Robert Nozick.



    Contact A. Barton Hinkle at (804) 649-6627 or .

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