The U.S. government denied bail last week for five of the six Buffalo men accused of being members of an al Qaeda sleeper cell. The sixth man, Sahim Alwan, was granted bail under extremely strict restrictions that bar him from, among other things, using cell phones or the Internet and in most circumstances even leaving his home.\nThis case, as well as those to follow along these lines, will set an important precedent in legal history for the United States. It will answer a number of important questions that have never been addressed before. This case will help determine whether the United States is willing to extend the principles of its democracy to those who it believes are members of our greatest national security threat or whether the United States will proceed on a witchhunt of American Muslims. Questions that remain unanswered: What is the basis for determining the individual threat of alleged al Qaeda members? Is merely attending an al Qaeda training camp a crime? \nWe applaud the judge's use of individual discretion in determining bail in the Buffalo case. Judge Kenneth Schroeder is holding five of the six men on conclusive evidence that they attended and fully participated in an al Qaeda training camp in Afghanistan. "If the defendants are or have become disciples of al Qaeda," the judge said, "and believe in self-destruction as a legitimate means of causing harm to others, there are no conditions that could be imposed that would deter such acts of self-destruction other than detention." \nThe sixth man, Alwan, was released because he wanted and managed to leave the camp after 10 days, Schroeder said, disavowing himself from participation in al Qaeda and returning home to New York. Alwan has also been voluntarily cooperating with the Federal Bureau of Investigation. The decision to release Alwan on bail set an important precedent -- upholding the American principle of innocent until proven guilty and that individual situations must be considered in determining who is a flight risk and who is a threat.\nThe second question, the most controversial and perhaps most important, will be the decision of what constitutes a crime in this case. Is attending an al Qaeda training camp criminal? This is a decision that will ultimately have to be made and tested in the courts. We urge caution on the part of the judicial system in making this decision. Ultimately, participating in an al Qaeda training camp might be constituted as criminal, but we must remember that we can not prosecute someone based on their beliefs.\nLike it or not, there are many in America who believe in the al Qaeda cause. Many of these supporters are not criminals, but regular citizens. And as horrifying as it might seem to many, we must protect their beliefs. Protecting unpopular thought is part of America's foundation. Persecuting people because of their thoughts and not their actions would be a victory for the terrorists. The goal of terrorism is to change our lives as we know it. We hope the legal system will continue in its endeavor to uphold the fundamental rights of all citizens in these proceedings.\n
Crime only cause for time
-- Erin Nave for the Editorial Board
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