ACLJ: Supreme Court Should Overturn Conspiracy Decision That Hampers War on Terrorism.

Business Editors/Legal Writers

WASHINGTON--(BUSINESS WIRE)--Nov. 12, 2002

The American Center for Law and Justice, an international public interest law firm specializing in constitutional law, said the U.S. Supreme Court - which heard arguments in a critical case today - has an important opportunity to ensure that law enforcement is permitted to conduct the kind of investigations necessary to stop future terrorist acts from taking place by overturning an appeals court decision on criminal conspiracies.

"This case will have a direct impact on the war on terrorism and will be watched very closely as the United States works to ensure that law enforcement has the legal tools it needs to wage an effective war against terrorism," said Jay Sekulow, Chief Counsel of the ACLJ. "It is critical that the Supreme Court overturn this lower court decision that essentially cripples law enforcement by permitting those responsible for the planning of terrorist activities off the hook if the planned activities are stopped before they occur. If the lower court decision stands, the United States will be at a severe disadvantage in its efforts to arrest and prosecute terrorists who are plotting to kill Americans."

The ACLJ filed a friend-of-the-court brief urging the Supreme Court to overturn a lower court decision on behalf of three Congressmen. The ACLJ represents Representatives J.C. Watts, Jr. (R-OK), Walter B. Jones (R-NC), and Jim Ryun (R-KS). Watts is chairman of the House Republican Conference and serves on the Special Oversight Panel on Terrorism. Watts is also a member of the House Armed Services Committee as are Representatives Jones and Ryun.

In its brief filed in the case of United States v. Recio, the ACLJ contends that conspiracy laws have always sought to punish those who made an agreement to commit a crime. The ACLJ contends the appeals court finding that conspiracy convictions must now hinge on whether the objective of the conspiracy succeeds is legally flawed and without merit.

In oral arguments presented today, the Supreme Court was asked to overturn a decision by the 9th U.S. Circuit Court of Appeals that said the government couldn't convict a person of conspiracy for joining a criminal plot that has been thwarted by law enforcement and is being maintained to nab other participants. A decision by the Supreme Court is expected sometime next year.

U.S. Solicitor General Theodore Olson asked the Supreme Court to take the case because the lower court ruling "exonerates culpable defendants and needlessly complicates the prosecution of conspiracy cases." Olson said the case has implications far beyond drug investigations and said "similar legitimate law enforcement tactics are crucial" in violent crime and terrorism investigations.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.