Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Thursday, June 27, 2013

Judges and Freedom

                The liberty principle for this Freedom Friday is the simple fact that judges and justices have much power to protect and preserve our freedoms.  When judges make court rulings, they are in a unique position to teach the importance of obedience to law and consequences of breaking those laws.  We need judges who understand the importance of individual freedom in America and will rule in favor of constitutional law.    

                One such judge presided over the trial of the “shoe bomber.”  On December 22, 2001, Richard Colvin Reid, a 29-year-old British citizen, was a passenger on American Airlines Flight 63 from Paris to Miami.  While on the flight, he attempted to light a fuse in his shoe to bring down the aircraft.  He was stopped by flight attendants and other passengers and then restrained until landing.  He was sentenced to life in prison on January 30, 2003. 

                The trial was presided over by Judge William Young, U.S. District Court.  Prior to handing down the sentence, Judge Young asked the defendant if he had anything to say.  The defendant responded by admitting his guilt to the court for the record.  He also admitted his “allegiance to Osama bin Laden, to Islam, and to the religion of Allah.”  He defiantly stated, “I think I will not apologize for my actions.  I am at war with your country.”  Judge Young then delivered the following statement, a “stinging condemnation of Reid in particular and terrorists in general.”

                “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 consecutively.  (That’s 80 years.)

                “On count 8 the Court sentences you to the mandatory 30 years, again to be served consecutively to the 80 years just imposed.  The Court imposes upon you for each of the eight counts a fine of $250,000, that’s an 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 an $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 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 the officers of government do it, or your attorney does it, or if that happens to be your view, 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 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, 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 bear 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.  The 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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