The United States is now prosecuting suspected terrorists on the basis of their intentions, not just their actions. But in the case of Islamic extremists, how can American jurors fairly weigh words and beliefs when Muslims themselves can’t agree on what they mean?
The recently publicized terrorist plot to blow up John F. Kennedy International Airport, like so many of the terrorist plots over the past few years, is a study in alarmism and incompetence: on the part of the terrorists, our government and the press. [...]
I don't think these nut jobs, with their movie-plot threats, even deserve the moniker "terrorist." But in this country, while you have to be competent to pull off a terrorist attack, you don't have to be competent to cause terror. All you need to do is start plotting an attack and -- regardless of whether or not you have a viable plan, weapons or even the faintest clue -- the media will aid you in terrorizing the entire population.
The most ridiculous JFK Airport-related story goes to the New York Daily News, with its interview with a waitress who served Defreitas salmon; the front-page headline blared, "Evil Ate at Table Eight."
Even under the best of circumstances, these are difficult prosecutions. Arresting people before they've carried out their plans means trying to prove intent, which rapidly slips into the province of thought crime. Regularly the prosecution uses obtuse religious literature in the defendants' homes to prove what they believe, and this can result in courtroom debates on Islamic theology. And then there's the issue of demonstrating a connection between a book on a shelf and an idea in the defendant's head, as if your reading of this article -- or purchasing of my book -- proves that you agree with everything I say. (The Atlantic recently published a fascinating article on this.)
For the record, I've kept my copy of Sayings of the Ayatollah Khomeini for the perversely specific details of the appropriate action in the case of, for example, a man molesting a camel. (It must be slaughtered, but a mule treated likewise may be sold.)