This post is VERY long. First I reprinted an email, ostensibly a transcript of the sentencing of the shoe-fire terrorist. Then I comment on it. Whether these are the judge’s actual words or not, *someone* thought that they should inspire me. I go on to say, with as little snarking as possible in light of the tone of the piece, why these arguments are merely effective speech and not effective ideas.

Ruling by Judge William Young, US District Court. Prior to sentencing, the Judge asked the defendant if he had anything to say. His response: After admitting his guilt to the court for the record, Reid also admitted his “allegiance to Osama bin Laden, to Islam, and to the religion of Allah,” defiantly stated “I think I will not apologize for my actions,” and told the court “I am at war with your country.”

Judge Young then delivered the statement quoted below. January 30, 2003, United States vs. Reid. Judge Young:

“Mr. Richard C. Reid, hearken now to the sentence the Court imposes upon you. On counts 1, 5 and 6 the Court sentences you to life in prison in the custody of the United States Attorney General. On counts 2, 3, 4 and 7, the Court sentences you to 20 years in prison on each count, the sentence on each count to run consecutive with the other.

That’s 80 years. On count 8 the Court sentences you to the mandatory 30 years consecutive to the 80 years just imposed. The Court imposes upon you each of the eight counts a fine of $250,000 for the aggregate fine of $2 million. The Court accepts the government’s recommendation with respect to restitution and orders restitution in the amount of $298.17 to Andre Bousquet and $5,784 to American Airlines. The Court imposes upon you the $800 special assessment.

The Court imposes upon you five years supervised release simply because the law requires it. But the life sentences are real life sentences so I need go no further. This is the sentence that is provided for by our statutes. It is a fair and just sentence. It is a righteous sentence.

Let me explain this to you. We are not afraid of you or 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, 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 if you think you are a soldier. You are not—– you are a terrorist And we do not negotiate with terrorists. We do not meet 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 are a big fellow. But you are not that big You’re no warrior. I’ve known warriors. You are a terrorist. A species of criminal that is guilty of multiple attempted murders. In a very real sense, State Trooper Santiago had it right when you first were taken off that plane and into custody and you wondered where the press and where the TV crews were, and he said: “You’re no big deal.”

You are no big deal.

What your able counsel and what the equally able United States attorneys have grappled with and what I have as honestly as I know how tried to grapple with, is why you did something so horrific. What was it that led you here to this courtroom today?

I have listened respectfully to what you have to say. And I ask you to search your heart and ask yourself what sort of unfathomable hate led you to do what you are guilty and admit you are guilty of doing. And I have an answer for you. It may not satisfy you, but as I search this entire record, it comes as close to understanding as I know.

It seems to me you hate the one thing that to us is most precious. You hate our freedom. Our individual freedom. Our individual freedom to live as we choose, to come and go as we choose, to believe or not believe as we individually choose. Here, in this society, the very wind carries freedom. It carries it everywhere from sea to shining sea.

It is because we prize individual freedom so much that you are here in this beautiful courtroom. So that everyone can see, truly see, that justice is administered fairly, individually, and discretely. It is for freedom’s sake that your lawyers are striving so vigorously on your behalf and have filed appeals, will go on in their representation of you before other judges.

We Americans are all about freedom. Because we all know that the way we treat you, Mr. Reid, is the measure of our own liberties. Make no mistake though. It is yet true that we will bare any burden; pay any price, to preserve our freedoms.

Look around this courtroom. Mark it well. The world is not going to long remember what you or I say here. Day after tomorrow, it will be forgotten, but this, however, will long endure: Here in this courtroom and courtrooms all across America, the American people will gather to see that justice, individual justice – justice not war – individual justice is in fact being done. The very President of the United States through his officers will have to come into courtrooms and lay out evidence on which specific matters can be judged and juries of citizens will gather to sit and judge that evidence democratically, to mold and shape and refine our sense of justice.

See that flag, Mr. Reid? That’s the flag of the United States of America. That flag will fly there long after this is all forgotten. That flag stands for freedom. And it always will.

Mr. Custody Officer. Stand him down.”

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COMMENTARY

“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 if you think you are a soldier. You are not—– you are a terrorist And we do not negotiate with terrorists. We do not meet with terrorists. We do not sign documents with terrorists. We hunt them down one by one and bring them to justice.”

Up until this sentence, I was all right with a little proselytizing and chastisement from the judge. You don’t get into a position that high in the justice system without a bit of a superiority complex. But the judge (or the person who wrote this for the judge, whether a speechwriter or the email scam artist) should probably look closely at this country’s history before talking about the difference between war and terrorism.

Something like this very statement came from the British Empire to the American colonists during our revolutionary war. Our greatest patriots were nothing more than terrorists by the rules of the day. And without their terrorism, this country would not be free. The concept is known as asymmetric warfare and it is often the only way a minority – an underdog that America has been and is so proud to be seen supporting – could possibly win a war against such a powerful adversary.

Targeting innocents is the terrorist part of the act*, but for the “armies” of al-Qaeda and similar factions to strike a military target would be so difficult as to be impossible. And then, how would they mae themselves seem a threat? To understand terrorism in these cases is not difficult. Is it evil? Without a doubt it is, but even American leaders deem war a necessary evil. To the underpowered enemies of our country, these extremes fit that description.

“You are no big deal.”

Now this argument is where the judge should have focused. It is important in a terrorist’s philosophy that his sacrfices will make a difference. Only the most devout would be willing to die simply for the glory of their god. Deep inside, most suicide bombers are hoping to share that glory and see their name attached to something meaningful. Infamy is not quite as good as fame, but infinitely better than obscurity, to paraphrase some modern wisdom**.

It is important to note that even in religions where women have higher standing than in Islam as it is practiced in much of the Middle East, you still see far fewer female terrorists than male. It is that male desire to have their short lives affect history that allows them to be lead into such decisions. It is that fear that life – specifically their life – is meaningless without glory that makes men do such terrible things. To allow this man’s trial to pass so anonymously and to remind him of his insignificance is the greatest deterrant to future terrorism.

“It seems to me you hate the one thing that to us is most precious. You hate our freedom. Our individual freedom. Our individual freedom to
live as we choose, to come and go as we choose, to believe or not believe as we individually choose.”

I don’t know how long people are going to cling to the Bushism that terrorists hate freedom. No one hates freedom; terrorists from other countries perhaps envy the freedoms that Americans have, but that’s not equivalent to blind hate. Islamic terrorists may be striking out at the decadence that results from America’s freedom, but it is not freedom they hate. At least in general, people cannot hate freedom any more than they can hate life. But people that are motivated by hatred of life and freedom (etc.) are usually serial killers and not terrorists.

“Here, in this society, the very wind carries freedom. It carries it everywhere from sea to shining sea.”

Oh Jesus Christ. Didn’t this man need to attend law school? Has he not heard the term “grandstanding?” That’s just a ridiculous statement to have in a sentencing; it’s not even poetic, just simple cliché. Boo.

“It is because we prize individual freedom so much that you are here in this beautiful courtroom. So that everyone can see, truly see, that justice is administered fairly, individually, and discretely. It is for freedom’s sake that your lawyers are striving so vigorously on your behalf and have filed appeals, will go on in their representation of you before other judges.”

The judge starts well, despite describing the courtroom as “beautiful,” which is unnecessary fluff. The point is valid. We do not simply murder this man for his wrongdoing; he is being tried and sentenced. He gets the fair shake that he didn’t give his victims and the American justice system becomes the “bigger man,” the Camelot paragon. But then…

“See that flag, Mr. Reid? That’s the flag of the United States of America. That flag will fly there long after this is all forgotten. That flag
stands for freedom. And it always will.”

Needless symbolism. As an American, I am proud of what this country stands for, and I salute the flag as a representation of the ideals that America strives for. But America is people. This country is not summed up by its flag any more than a man is summed up b the car he drives. Waving a flag in someone’s face is meaningless, but showing them true patriotism through your conviction to justice might just convince the world that we are more than a simple USA chant.

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* – 9/11 was also an attempt on the White House and on the Pentagon. Those are technically military targets.
** – Good Omens, Terry Pratchett and Neil Gaiman