Showing posts with label America must prosecute the Arab terrorists who killed american citizens. Show all posts
Showing posts with label America must prosecute the Arab terrorists who killed american citizens. Show all posts
Tuesday, April 30, 2013
Too good to miss: Judge Jeanine Pirro slams jihad mom: 'Lady, you shouldn't be allowed here'
"We should not be required to breathe the same air as you, we should not be required to share the indignity of your presence" says Judge Jeanine Pirro in her opening statement to the Jihadi mother of the Boston bomber, as she exposes the facts that are being brought to light behind the terrorist attack in the Boston Marathon.
Monday, November 7, 2011
US can prosecute terrorists freed by Israel
The United States can and should prosecute many of the terrorists who were released by Israel last month in exchange for kidnapped IDF Corporal Gilad Shalit.Since the Antiterrorism Act of 1990, it has been a capital crime under American law, punishable by “death or imprisonment for any term of years or for life, or both,” to “kill a national of the United States, while such national is outside the United States.” A conspirator in such a crime can get up to 20 years imprisonment. No statute of limitations precludes prosecution of old offenses.Indeed.
Another law, passed in 1994, made it a federal crime to use an explosive bomb “against a national of the United States while such national is outside of the United States.” In 2002 Congress authorized prosecution in American federal courts of anyone who, with criminal intent, injured “a national of the United States” outside the United States by detonating “an explosive or other legal device in, into or against a place of public use” or “a public transportation system.”
Prosecutions have been brought in American federal courts against individuals responsible for bombings that killed Americans in the Philippines, Colombia, Kenya, and Tanzania. Many of the individuals accused of these crimes were brought here for trial following their extradition, on the request of the United States, from foreign countries. American prosecutors have not, however, charged the Hamas perpetrators of bombings in Israel such as the 2001 and 2003 bombings in Jerusalem and Haifa, even though American citizens were murdered in these attacks. They have relied on the Israeli legal process to arrest and punish the perpetrators.
Tamimi, al-Jabaa, Sharakh, Amr, and Dar Musa were prosecuted and convicted in Israeli courts. They and other perpetrators of these murders received either multiple sentences of life imprisonment or long prison terms. Until they were released by Israel’s government under duress in order to bring Gilad Shalit home, they expected to spend the rest of their lives in Israeli prisons. They are now free in Jordan or Gaza.
The Department of Justice should now indict, extradite, and put to trial in United States courts, under American law, these killers of American citizens. Jordan has an extradition treaty with the United States that covers all offenses “punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.” A conspiracy to commit such an offense is also covered by Article 2(2) of the treaty.
No provision of any extradition treaty should preclude bringing these criminals to justice in the United States. The Jordan treaty bars extradition for “political offenses,” but it would be hard to claim that the mass terrorist killings of civilians in Jerusalem and Haifa were only “political offenses.” At the least, Jordan should be put to that test.
Nor could Jordan or any other requested country invoke the bar against double jeopardy that appears in many extradition treaties to prevent second punishment after a criminal prosecution for the extraditable offense has been conducted and fully carried out. That provision obviously does not prevent extradition of a fugitive who flees a country where he has been convicted in order to avoid imprisonment. It also should not prevent extradition if, by some other unlawful means such as Hamas’ extortionate demand, the criminal process is aborted.
Wednesday, November 2, 2011
America should prosecute terrorists freed in Schalit swap It is a federal crime to kill a national of the United States, even on foreign soil; US law prescribes death or extended imprisonment for those convicted.
Under duress growing out of Hamas’s capture and refusal to release Gilad Schalit, the Israeli government agreed to release 1027 convicted criminals, including a significant number who participated in bombings or other terrorist acts that deliberately killed civilians.
Much has been written since the release of the first group bemoaning the fact that these murderers are likely to kill again and that, at the very least, they will not suffer the punishment they deserve.
Many of the actual and intended victims of terrorist acts such as the August 2001 bombing of the Sbarro restaurant in Jerusalem, the March 2003 bus bombing in Haifa, and the September 2003 bombing of Jerusalem’s Cafe Hillel, were citizens of the United States. Little attention is being paid to provisions of American law that declare that the murder or maiming of American citizens, even “outside the United States,” are criminal acts punishable in United States courts by death or life imprisonment.
The Antiterrorism Act of 1990, reenacted in 1992, now Section 2332 of the United States Criminal Code, made it a federal crime to “kill a national of the United States, while such national is outside the United States,” and it prescribed “death or imprisonment for any term of years or for life, or both” as the penalty if the killing technically constitutes “murder,” and a term of up to 10 years if it is only “voluntary manslaughter.” Conspirators in such a crime can get up to 20 years’ imprisonment.
In 1994 Congress passed another law that made it a federal crime to use an explosive bomb “against a national of the United States while such national is outside of the United States.” And a federal law enacted in 2002 covers “bombings of places of public use” and makes it a federal offense under American law to deliver, place, discharge, or detonate “an explosive or other lethal device in, into, or against a place of public use” or “a public transportation system” with the intent to cause death or serious bodily injury. The law covers an offense that is committed outside the United States if “a victim is a national of the United States.” The punishment is the same as provided in the 1994 law – death or life imprisonment “if death results.”
THESE AND other similar extraterritorial criminal provisions of American law have been invoked by federal prosecutors in US courts in cases growing out of bombings in the Philippines, in Colombia, in Kenya and in Tanzania. The Department of Justice has never seen fit to prosecute Hamas terrorists in United States courts for killing American citizens in bombings aimed at Israeli targets.
American prosecutors may have failed to enforce federal law in these cases because they relied on the Israelicriminal justice system to arrest, try and punish the perpetrators.
Punishment under Israel’s judicial system has now been frustrated by Hamas’ demands following the illegal coercion of the Schalit captivity. The response of the United States Department of Justice should now be to indict, extradite and put to trial in United States courts any of the released criminals who violated American criminal law.
A primary candidate is Ahlam Tamimi, the unrepentant woman who drove a suicide bomber to a Sbarro in Jerusalem, where he succeeded in killing 15 people and wounding 130, including many Americans. Israeli judges sentenced her to 16 terms of life imprisonment as a conspirator in the murders. As a beneficiary of the Schalit exchange, she is now free in Jordan.
As of March 1995, Jordan has an extradition treaty with the United States covering any offense, like murder, that “is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.” And a conspiracy to commit such an offense is explicitly covered by Article 2(2) of the 1995 treaty.
If she is formally charged in the United States with violating Section 2332 and her extradition is requested, could Jordan avoid turning Tamimi over to US authorities for criminal prosecution? The treaty excludes “political offenses,” but even an Arab country could not claim that the Hamas mass killing in Jerusalem was a “political offense.” At the very least, Jordan should be put to that test.
Another candidate for federal indictment, extradition and trial in the United States is Ibrahim Dar Musa, who participated in planning the bombing at Jerusalem’s Café Hillel in which US citizens David Applebaum and his daughter Nava, who was to be married that day, were killed in September 2003. The 1994 and 2002 laws could be invoked against Dar Musa. Indictments of either of these criminals or others responsible for the death or maiming of Americans who have been released or may be released as part of the bargain for Schalit’s return to Israel would vindicate American law and bring to fruition Congress’ intention to punish killers of US citizens on foreign soil with life imprisonment.
The writer is a Washington attorney who was a federal prosecutor and served as a Deputy Assistant AttorneyGeneral in the United States Department of Justice.
Much has been written since the release of the first group bemoaning the fact that these murderers are likely to kill again and that, at the very least, they will not suffer the punishment they deserve.
Many of the actual and intended victims of terrorist acts such as the August 2001 bombing of the Sbarro restaurant in Jerusalem, the March 2003 bus bombing in Haifa, and the September 2003 bombing of Jerusalem’s Cafe Hillel, were citizens of the United States. Little attention is being paid to provisions of American law that declare that the murder or maiming of American citizens, even “outside the United States,” are criminal acts punishable in United States courts by death or life imprisonment.
The Antiterrorism Act of 1990, reenacted in 1992, now Section 2332 of the United States Criminal Code, made it a federal crime to “kill a national of the United States, while such national is outside the United States,” and it prescribed “death or imprisonment for any term of years or for life, or both” as the penalty if the killing technically constitutes “murder,” and a term of up to 10 years if it is only “voluntary manslaughter.” Conspirators in such a crime can get up to 20 years’ imprisonment.
In 1994 Congress passed another law that made it a federal crime to use an explosive bomb “against a national of the United States while such national is outside of the United States.” And a federal law enacted in 2002 covers “bombings of places of public use” and makes it a federal offense under American law to deliver, place, discharge, or detonate “an explosive or other lethal device in, into, or against a place of public use” or “a public transportation system” with the intent to cause death or serious bodily injury. The law covers an offense that is committed outside the United States if “a victim is a national of the United States.” The punishment is the same as provided in the 1994 law – death or life imprisonment “if death results.”
THESE AND other similar extraterritorial criminal provisions of American law have been invoked by federal prosecutors in US courts in cases growing out of bombings in the Philippines, in Colombia, in Kenya and in Tanzania. The Department of Justice has never seen fit to prosecute Hamas terrorists in United States courts for killing American citizens in bombings aimed at Israeli targets.
American prosecutors may have failed to enforce federal law in these cases because they relied on the Israelicriminal justice system to arrest, try and punish the perpetrators.
Punishment under Israel’s judicial system has now been frustrated by Hamas’ demands following the illegal coercion of the Schalit captivity. The response of the United States Department of Justice should now be to indict, extradite and put to trial in United States courts any of the released criminals who violated American criminal law.
A primary candidate is Ahlam Tamimi, the unrepentant woman who drove a suicide bomber to a Sbarro in Jerusalem, where he succeeded in killing 15 people and wounding 130, including many Americans. Israeli judges sentenced her to 16 terms of life imprisonment as a conspirator in the murders. As a beneficiary of the Schalit exchange, she is now free in Jordan.
As of March 1995, Jordan has an extradition treaty with the United States covering any offense, like murder, that “is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.” And a conspiracy to commit such an offense is explicitly covered by Article 2(2) of the 1995 treaty.
If she is formally charged in the United States with violating Section 2332 and her extradition is requested, could Jordan avoid turning Tamimi over to US authorities for criminal prosecution? The treaty excludes “political offenses,” but even an Arab country could not claim that the Hamas mass killing in Jerusalem was a “political offense.” At the very least, Jordan should be put to that test.
Another candidate for federal indictment, extradition and trial in the United States is Ibrahim Dar Musa, who participated in planning the bombing at Jerusalem’s Café Hillel in which US citizens David Applebaum and his daughter Nava, who was to be married that day, were killed in September 2003. The 1994 and 2002 laws could be invoked against Dar Musa. Indictments of either of these criminals or others responsible for the death or maiming of Americans who have been released or may be released as part of the bargain for Schalit’s return to Israel would vindicate American law and bring to fruition Congress’ intention to punish killers of US citizens on foreign soil with life imprisonment.
The writer is a Washington attorney who was a federal prosecutor and served as a Deputy Assistant AttorneyGeneral in the United States Department of Justice.
Wednesday, October 19, 2011
THE UNITED STATES MUST PROSECUTE THE RELEASED 1027 TERRORISTS UNDER FEDERAL LAW
Koby Mandell Act of 2001 -- HR2098 IH
[Editor's note: This bill is named in memory of the young boy who recently was murdered in Israel. Please call your Congressman to support the bill's enactment.]
Koby Mandell Act of 2001 (Introduced in the House)
HR 2098 IH
107th CONGRESS
1st Session
H. R. 2098
To require the Attorney General to establish an office in the Department of Justice to monitor acts of international terrorism alleged to have been committed by Palestinian individuals or individuals acting on behalf of Palestinian organizations and to carry out certain other related activities.HR 2098 IH
107th CONGRESS
1st Session
H. R. 2098
IN THE HOUSE OF REPRESENTATIVES
June 7, 2001
Mr. ANDREWS (for himself and Mr. SAXTON) introduced the following bill; which was referred to the Committee on the JudiciaryJune 7, 2001
A BILL
To require the Attorney General to establish an office in the Department of Justice to monitor acts of international terrorism alleged to have been committed by Palestinian individuals or individuals acting on behalf of Palestinian organizations and to carry out certain other related activities.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Koby Mandell Act of 2001'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1948, many United States citizens have been injured or killed in terrorist attacks committed by Palestinian individuals and organizations in and outside of the Middle East.
(2) Under United States law, individuals who commit acts of international terrorism outside of the United States against nationals of the United States may be prosecuted for such acts in the United States.
(3) The United States has taken a special interest and active role in resolving the Israeli-Palestinian conflict, including numerous diplomatic efforts to facilitate a resolution of the conflict and the provision of financial assistance to Palestinian organizations.
(4) However, despite these diplomatic efforts and financial assistance, little has been done to apprehend, indict, prosecute, and convict Palestinian individuals who have committed terrorist attacks against nationals of the United States.
SEC. 3. ESTABLISHMENT OF OFFICE IN THE DEPARTMENT OF JUSTICE TO MONITOR TERRORIST ACTS BY PALESTINIAN INDIVIDUALS AND ORGANIZATIONS AND CARRY OUT RELATED ACTIVITIES.
(a) IN GENERAL- The Attorney General shall establish within the Department of Justice an office to carry out the following activities:
(1) Monitor acts of international terrorism alleged to have been committed by Palestinian individuals or individuals acting on behalf of Palestinian organizations.(b) DEFINITION- In this section, the term `international terrorism' has the meaning given such term in section 2331(1) of title 18, United States Code.
(2) Collect information against individuals alleged to have committed acts of international terrorism described in paragraph (1).
(3) Offer rewards for information on individuals alleged to have committed acts of international terrorism described in paragraph (1), including the dissemination of information relating to such rewards in the Arabic-language media.
(4) Negotiate with the Palestinian Authority or related entities to obtain financial compensation for nationals of the United States, or their families, injured or killed by acts of terrorism described in paragraph (1).
(5) In conjunction with other appropriate Federal departments and agencies, establish and implement alternative methods to apprehend, indict, prosecute, and convict individuals who commit acts of terrorism described in paragraph (1).
(6) Contact the families of victims of acts of terrorism described in paragraph (1) and provide updates on the progress to apprehend, indict, prosecute, and convict the individuals who commit such acts.
(7) In order to effectively carry out paragraphs (1) through (6), provide for the permanent stationing of an appropriate number of United States officials in Israel, in territory administered by Israel, in territory administered by the Palestinian Authority, and elsewhere, to the extent practicable.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated for fiscal year 2002 and each subsequent fiscal year such sums as may be necessary to carry out this Act.
(b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
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