Update: Criminals--not enemy combatants?

Governor tells mayor: ignore the law

By Wes Vernon

Let's see if we have this straight.

1 — Six terrorists right here on U.S. soil plot to kill American soldiers. Those are the charges.

2 — Thankfully, they were nabbed by the FBI in a sting operation.

3 — Three of the alleged terrorists are illegal aliens. Nonetheless, we cannot treat any of the six as enemy combatants. We must go through the criminal justice system, the same system that is available to a masked bandit who knocks off a 7-Eleven.

By any standard, that is nothing short of outrageous. Late Wednesday, this column pointed out that no one had asked the White House whether the Ft. Dix (New Jersey) Six would be charged as criminals or enemy combatants.

We now have the answer

At a White House briefing, Human Events Political Editor John Gizzi put that inquiry to presidential spokesman Tony Snow, who replied, "That is not a question for me. Direct it to the U.S. Attorney [in the case]."

Greg Reinert, a spokesman for U.S. Attorney Christopher Christie told Gizzi he didn't know why the six were charged as criminals, but that it "came from higher ups," suggesting the "higher ups" meant the FBI.

It appears that in order to qualify as "enemy combatants," the accused must have been captured outside the United States. If that is the law, it must be changed.

The investigation

The six accused terrorists are charged with planning a heavily armed attack against soldiers at Ft. Dix as part of a jihad against the United States. The accused were identified as Dritan Duka, Eljvir Duka, Shain Duka, Serdar Tatar, Mohammed Shnewer, and Agron Abdullahu.

The Dukas were illegal aliens, and that raises all kinds of questions. All three of them have multiple arrest records. However, at no time have they ever been charged with immigration violations — not until they were nabbed in this jihad plot against the United States.

The record

Blogger Enlighten New Jersey has done some digging:

Dritan Duka has been arrested for disorderly conduct and possession of drugs and drug paraphernalia. Between 1997 and 2006, he was stopped by police 11 times for speeding.

Shain Duka has been charged with obstruction of justice, hindering apprehension and making physical threats. He was repeatedly stopped by police and had 19 suspensions of his license.

Eljvir Duka has past drug counts and 24 suspensions of his driving permit. The state tagged him as a persistent violator.

And with all this, never — until now — were any of them charged with being here illegally, nor were they deported. Why?

Ask the "compassionate" governor

The Newark Star-Ledger reports that New Jersey's speed demon governor, Jon Corzine, is out front as a staunch opponent of the federal Homeland Security program that makes it legally possible for state and local enforcement to work with the feds to identify and detail immigration violators.

Congratulations, Governor. New Jersey's estimated illegal alien population is now at 1 million. But then when you tell your driver to floor it to 91 MPH in a 55 MPH zone, what's a measly million illegals — three of whom plot mass murder? Of course, you could say that killing soldiers qualifies as one of those "jobs Americans won't do."

And that's not all

Corzine also has chastised the city of Morristown in his state because that municipality wants to enforce federal immigration laws. Morristown Mayor Donald Cresitello told the governor — in so many words — to buzz off.

Another New Jersey jurisdiction — Hightstown — has enacted a no-questions asked policy on immigration. Hightstown Mayor Robert Patten thinks his community would be a ghost town without illegal aliens.

The problem — twofold

First, after our last column a couple of days ago, a friend of mine in Montana said the Ft. Dix Six "are the enemy and should be summarily shot." Emotionally, I understand that reaction. But the law — at least as interpreted — does not even allow them (the three "legals" or the three illegals) to be treated as enemy combatants, let alone be "summarily shot." As it stands, the law — forged pre-9/11 — needs to be changed. As currently interpreted, it gives new meaning to the saying "The law is an ass." The solution is to change it, not ignore it.

Secondly, once again, we have had a wake-up call on the broader issue of illegal immigration. Do we have to wait until a jihad against our military personnel succeeds before politicians like Corzine make a distinction between a law and "a complex issue" (as he describes the immigration statutes)?

© Wes Vernon