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Steven Emerson,
Executive Director
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September 14, 2016
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Choudary's
Junk Justice Sentencing
by Patrick Dunleavy
IPT News
September 14, 2016
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Law enforcement and counter terrorism experts in the United States and
around the world are shaking their heads in collective disbelief after
convicted Islamic terrorist Anjem Choudary's sentencing in London's Old Bailey courthouse last week.
Choudary received a mere 5½ years in prison after being
convicted of supporting the terrorist organization ISIS.
After calculating for good behavior, his actual time spent behind bars
will probably be less than 30 months. Career criminals would call that a
"skid bid" and say they could do that amount of time
"standing on their heads."
Even the criminals know it's a joke.
The light sentence was imposed by Timothy Holroyde, a judge of the High
Court of Justice of England, while describing the defendant as a
"dangerous man."
What exactly did Choudary do? Well, for more than 20 years he preached,
proselytized, and recruited people to a radical form of Islam that
encourages jihad as a necessary tenet of the faith. He has done it on street
corners, mosques, and in front of television cameras.
Sly like a fox, he avoided prosecution in the past because no direct
contact between him and a terrorist organization could be proven. But then
British authorities uncovered a video of Choudary pledging allegiance to
ISIS leader Abu Bakr al Baghdadi. This is an organization that is
responsible for such heinous acts as beheadings, drownings in cages,
immolations, and throwing gay people off the roofs of buildings.
Pledging allegiance to the leader of this group of radical Islamic
terrorists is not like joining the Rotary Club: it is more like taking an
induction oath into the armed forces. He's now a soldier in the fight.
And what are they fighting for? The complete destruction of Western
civilization. The charge should have been treason and the penalty life in
prison. To give Choudary credit for good behavior while incarcerated is
ridiculous. Authorities should know that he will have the opportunity to
continue his evil work in an environment that guarantees him a captive
audience of people who already have a disdain for government and a
predisposition for violence. Prisons are fertile soil for recruitment. Is
that the type of prison behavior that is considered good and rewarded with
a get out of jail early card? He certainly won't be making license plates
for HMPS.
British officials have stated that Choudary will be isolated from other inmates and held within a special
"extremist wing" which will prevent him from radicalizing. My
experience indicates that approach is virtually impossible in the prison
environment for several reasons. Inmates, through the courts and human
rights organizations, always have the ability to challenge their conditions
of confinement, as John Walker Lindh or Ramzi Yousef did.
Secondly, the French tried the same thing, placing an Islamist terrorist
in an isolation cell, in the case of Djamel Beghal, a known al-Qaida
member. Still Beghal was able to communicate and influence both Chérif Kouachi and Amedy
Coulibaly, who went on to carry out the Charlie Hebdo and Hyper Cacher
market attacks in Paris after they were released from prison.
Convicts always find a way to get a message to others. Prison walls are
often porous.
There's an old saying; "Don't do the crime if you can't do the time."
Perhaps in this case the public outcry should be: "Make the time
fit the crime."
Stiff sentences are a deterrent. Cons know that.
As we reflect on the attacks of 9/11 and remember those who have fallen,
we must acknowledge that the war on terrorism continues and those who seek
to do us harm or conspire to commit acts of terrorism must be dealt with
effectively.
Hopefully here in the United States judges assigned to try terrorism
cases see the folly of a light sentence for a convicted jihadist and
respond with more appropriate periods of incarceration for the crimes
committed.
Otherwise we will just have more Junk Justice.
IPT Senior Fellow Patrick Dunleavy is the former Deputy Inspector
General for New York State Department of Corrections and author of The Fertile Soil of Jihad. He currently
teaches a class on terrorism for the United States Military Special
Operations School.
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