Terrorist Sentencing, the Judiciary, and Freedom

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" width=200 BGCOLOR="#003333" TEXT="#F7F7FF" background="056d4c00dduajq.png"> <div> <TABLE BORDER="0" CELLPADDING="2" CELLSPACING="0" WIDTH="95" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="BOX" RULES="ALL" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 46 WIDTH="91"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="46" ALIGN="bottom" WIDTH="91" HSPACE="0" VSPACE="0"></tD> </tR> </TABLE></div> <DIV ALIGN="LEFT"></DIV> <div> <A HREF="chumor.htm" TARGET="_top" TITLE="Court Humor"><U><IMG SRC="0570b0b0.png" border=0 width="11" height="11" ALT="previous" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A>   <A HREF="dollar.htm" TARGET="_top" TITLE="The Dollar Bill"><U><IMG SRC="0580b0b0.png" border=0 width="11" height="11" ALT="next" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A>       <IMG BORDER="0" SRC="1x1.gif" HEIGHT="11" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="11">   <A HREF="other.htm" TARGET="_top" TITLE="Other Interesting Stuff"><U><IMG SRC="05a0b0b0.png" border=0 width="11" height="11" ALT="up" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> This is, at its core, about the role of the judiciary in a country that values individual rights, freedoms and responsibilities.</div> </td> <td valign="top" BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <FONT SIZE="5" COLOR="#003333" FACE="Arial" ><B>Captain Justice & The Bailiff</B></FONT>     |     <A HREF="index.htm" TARGET="_top" TITLE="Captain Justice The Bailiff"><U>home</U></A>   <A HREF="other.htm" TARGET="_top" TITLE="Other Interesting Stuff"><U>Up One Level</U></A>  <A HREF="freedom_m.htm" TITLE="Terrorist Sentencing, the Judiciary, and"><U>Top of This Page</U></A>   <A HREF="http://dajudge.us/site_search.htm" TARGET="_blank" TITLE="http://dajudge.us/site_search.htm"><U>Search This Site</U></A></div> <div> Terrorist Sentencing, the Judiciary, and Freedom</div> <div> <B>My thoughts on what follows:</B>  The following was sent to a judicial list by a staff attorney for the Harris County District Courts. it is the final statement by the Hon. William Young (federal District Judge) in the case of <I>United States v. Reid</I>, the terrorist who was tried as a co-conspirator and supporter of Osama bin Laden.</div> <bR> <div> It struck me that this statement by the judge is as good an explanation of the freedom that we enjoy in this country, and of the role of the judiciary within that context, as I've ever seen.  I would hope to always keep this in mind as I carry out my role as the caretaker of the 33rd Judicial District Court of Texas.</div> <bR> <div> Judge Gil Jones</div> <bR> <bR> <div> <B>The prelude by the staff attorney:  </B>Too bad we never hear about judges like this in the newspapers. </div> <div> You may have already read this, but I thought it was worth passing on.</div> <bR> <div> At his hearing on 30 January 2003, Reid was sentenced to life imprisonment</div> <div> by Judge William Young. After admitting his guilt to the court for the</div> <div> record, Reid also admitted his "allegiance to Osama bin Laden, to Islam, and</div> <div> to the religion of Allah," defiantly stated "I think I ought not apologize</div> <div> for my actions," and told the court "I am at war with your country." Judge</div> <div> Young then delivered the statement quoted above, a stinging condemnation of</div> <div> Reid in particular and terrorists in general</div> <bR> <bR> <div> <I>United States v. Reid</I> -- Final Statements by Judge Young </div> <bR> <div> <B>"</B>Mr. Richard C. Reid, hearken now to the sentence the Court imposes upon you.</div> <bR> <div> On counts 1, 5 and 6 the Court sentences you to life in prison in the</div> <div> custody of the United States Attorney General. On counts 2, 3, 4 and 7, the</div> <div> Court sentences you to 20 years in prison on each count, the sentence on</div> <div> each count to run consecutive one with the other. That's 80 years. </div> <bR> <div> On Count 8 the Court sentences you to the mandatory 30 years consecutive to</div> <div> the 80 years just imposed. The Court imposes upon you on each of the eight</div> <div> counts a fine of $250,000 for the aggregate fine of $2 million. </div> <bR> <div> The Court accepts the government's recommendation with respect to</div> <div> restitution and orders restitution in the amount of $298.17 to Andre</div> <div> Bousquet and $5,784 to American Airlines. </div> <bR> <div> The Court imposes upon you the $800 special assessment. </div> <bR> <div> The Court imposes upon you five years supervised release simply because the</div> <div> law requires it. But the life sentences are real life sentences so I need</div> <div> not go any further. </div> <bR> <div> This is the sentence that is provided for by our statutes. It is a fair and</div> <div> a just sentence. It is a righteous sentence. Let me explain this to you. </div> <bR> <div> We are not afraid of any of your terrorist co-conspirators, Mr. Reid. We are</div> <div> Americans. We have been through the fire before. There is all too much war</div> <div> talk here. And I say that to everyone with the utmost respect. </div> <bR> <div> Here in this court where we deal with individuals as individuals, and care</div> <div> for individuals as individuals, as human beings we reach out for justice. </div> <bR> <div> You are not an enemy combatant. You are a terrorist. You are not a soldier</div> <div> in any war. You are a terrorist. To give you that reference, to call you a</div> <div> soldier gives you far too much stature. Whether it is the officers of</div> <div> government who do it or your attorney who does it, or that happens to be</div> <div> your view, you are a terrorist. </div> <bR> <div> And we do not negotiate with terrorists. We do not treat with terrorists. We</div> <div> do not sign documents with terrorists. </div> <bR> <div> We hunt them down one by one and bring them to justice. </div> <bR> <div> So war talk is way out of line in this court. You're a big fellow. But</div> <div> you're not that big. You're no warrior. I know warriors. You are a</div> <div> terrorist. A species of criminal guilty of multiple attempted murders. </div> <bR> <div> In a very real sense Trooper Santiago had it right when first you were taken</div> <div> off that plane and into custody and you wondered where the press and where</div> <div> the TV crews were and you said you're no big deal. You're no big deal. </div> <bR> <div> What your counsel, what your able counsel and what the equally able United</div> <div> States attorneys have grappled with and what I have as honestly as I know</div> <div> how tried to grapple with, is why you did something so horrific. What was it</div> <div> that led you here to this courtroom today? I have listened respectfully to</div> <div> what you have to say. And I ask you to search your heart and ask yourself</div> <div> what sort of unfathomable hate led you to do what you are guilty and admit</div> <div> you are guilty of doing. </div> <bR> <div> And I have an answer for you. It may not satisfy you. But as I search this</div> <div> entire record it comes as close to understanding as I know. </div> <bR> <div> It seems to me you hate the one thing that to us is most precious. You hate</div> <div> our freedom. Our individual freedom. Our individual freedom to live as we</div> <div> choose, to come and go as we choose, to believe or not believe as we</div> <div> individually choose. </div> <bR> <div> Here, in this society, the very winds carry freedom. They carry it</div> <div> everywhere from sea to shining sea. It is because we prize individual</div> <div> freedom so much that you are here in this beautiful courtroom. So that</div> <div> everyone can see, truly see that justice is administered fairly,</div> <div> individually, and discretely. </div> <bR> <div> It is for freedom's seek that your lawyers are striving so vigorously on</div> <div> your behalf and have filed appeals, will go on in their, their</div> <div> representation of you before other judges. We care about it. Because we all</div> <div> know that the way we treat you, Mr. Reid, is the measure of our own</div> <div> liberties. </div> <bR> <div> Make no mistake though. It is yet true that we will bear any burden; pay any</div> <div> price, to preserve our freedoms. </div> <bR> <div> Look around this courtroom. Mark it well. The world is not going to long</div> <div> remember what you or I say here. Day after tomorrow it will be forgotten.</div> <div> But this, however, will long endure. Here, in this courtroom, and courtrooms</div> <div> all across America, the American people will gather to see that justice,</div> <div> individual justice, justice, not war, individual justice is in fact being</div> <div> done. </div> <bR> <div> The very President of the United States through his officers will have to</div> <div> come into courtrooms and lay out evidence on which specific matters can be</div> <div> judged, and juries of citizens will gather to sit and judge that evidence</div> <div> democratically, to mold and shape and refine our sense of justice. </div> <bR> <div> See that flag, Mr. Reid? That's the flag of the United States of America.</div> <div> That flag will fly there long after this is all forgotten. That flag still</div> <div> stands for freedom. You know it always will. Custody, Mr. Officer. Stand him</div> <div> down.<B>"</B></div> <bR> <div> Additional source: <A HREF="http://www.cnn.com/2003/LAW/01/31/reid.transcript/" TARGET="_top" TITLE="http://www.cnn.com/2003/LAW/01/31/reid.t"><U>http://www.cnn.com/2003/LAW/01/31/reid.transcript/</U></A></div> <bR> </td> </tr></table></body>