ACLJ Asks Supreme Court to Overturn Conspiracy Decision That Hampers War On Terrorism.

Business Editors & Legal Writers

WASHINGTON--(BUSINESS WIRE)--July 19, 2002

The American Center for Law and Justice, an international public interest law firm, today filed a friend-of-the-court brief with the U.S. Supreme Court asking the high court to overturn an appeals court decision on criminal conspiracies - a decision that hampers and penalizes the federal government in its war on terrorism.

"If this appeals court decision is permitted to stand, the United States will be at a severe disadvantage in its effort to arrest and prosecute terrorists who are plotting to kill Americans," said Jay Sekulow, Chief Counsel of the ACLJ. "It is clear that law enforcement must have the legal tools it needs to wage an effective war against terrorism. The appeals court decision essentially cripples law enforcement by letting those responsible for the planning of terrorist activities off the hook if law enforcement is successful in stopping the activities before they occur. Law enforcement should not be penalized for doing its job. The Supreme Court 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."

The amicus brief was filed with the Supreme Court today on behalf of the ACLJ and on behalf of three members of Congress urging the high court to overturn a decision by the U.S. Court of Appeals for the Ninth Circuit that said the government cannot 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.

U.S. Solicitor General Theodore Olson, in his brief asking the Supreme Court to hear the case, said the conspiracy decision "exonerates culpable defendants and needlessly complicates the prosecution of conspiracy cases." Olson also argued: "The vital need for undercover government efforts both to apprehend conspirators and to prevent their planned offenses from actually occurring extends far beyond drug cases. Similar legitimate law enforcement tactics are crucial in violent crime, terrorism and other contexts."

In its brief, 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.

The ACLJ represents Representatives J.C. Watts, Jr. (R-Oklahoma), Walter B. Jones (R-North Carolina), and Jim Ryun (R-Kansas). 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.

The case before the court is United States v. Recio.

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.