Home -> Law Blog Directory -> Legal Commentary Blogs -> TalkLeft

Legal Commentary

: TalkLeft

Obama on Quran Burning: No Crime

By Jeralyn

Here's President Obama on ABC this morning (commercial free), saying Terry Jones should "listen to those better angels" and skip the Quran burning. Obama says it will endanger the troops and serve as a recruiting tool for al Qaida, including suicide bombers in American cities.

He also says "his understanding" is there's no crime if Jones proceeds, other than a citation for public burning. If Obama believes Jones' acts will serve as a recruiting tool for al Qaida, why doesn't he have him charged with conspiring or attempting to to provide material support to terrorists? Or attempt or conspiracy to violate 18 USC Section 2383, Rebellion and Insurrection?

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

Maybe Obama should have Jones arrested on one of these charges and ask for detention, and then dismiss the case and release him on 9/12? [More...]

Or for a violation of 18 U.S.C. § 2387: Activities affecting armed forces generally? Or 18 U.S.C. § 2388: Activities affecting armed forces during war? Here are the possibilities under Chapter 115, Treason, Sedition and Subversive Activities to choose from.

An attempt occurs when one takes a substantial step toward the commission of the crime. Acquiring the Qurans could be a substantial step. Since he's agreed with others to commit an act likely to be harmful to the armed services or assist al Qaida in recruiting, acquiring the Qurans could be an overt act.

I think Jones' "better angels" will advise him to abandon his plans. But today is 9/9, and if Obama wanted, he could have Jones arrested on one of these charges and request detention. The Government can ask for a three day extension to hold the detention hearing, during which time he would be held in custody. At the end of the three days, it could dismiss the charges and send him home. Drastic? Yes. Unfair? Yes. But that hasn't stopped the Government before.

Full post as published by TalkLeft on September 09, 2010 (boomark / email).