UK Terror Plot questioned prematurely
Andrew Sullivan speculates on the truthfulness of the UK terror plot in light of questions raised by Craig Murray, the British Ambassador to Uzbekistan whose internal memo raised a ruckus a while back when it complained about the use of evidence obtained from outsourced torture.
They seem to believe that the lack of a bomb, purchased tickets, or some conspirators’ passports would have made it difficult to convince a jury of conspiracy to commit the terror plot, and they question whether the information about the plot came from tortured prisoners in Pakistan. Murray speculates that the real plot may have been the US and British governments being politically motivated to be seen as having stopped another 9/11.
If they are suggesting that officials should have waited until the last possible minute to arrest these suspects, they not only propose something really reckless but they also have the law of conspiracy wrong.
Can you imagine the recriminations that would have occurred had authorities decided to wait until the very last moment so as to collect as much evidence as possible, and then had the bombers commit their act sooner than the authorities had anticipated? How would they be able to explain not having moved sooner to prevent such a massive loss of life? There is no way such an approach would have flown if things had not gone exactly right according to authorities’ plans.
Additionally, if you look at the law of conspiracy at least as defined in the United States (which is often derived from British common law) you find the following definition of conspiracy:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. (emphasis added)
Conspiracy requires the commission of an “overt act” before a person can be charged with the offense. Merely sitting around a table talking about a plot is not enough. However the law does not require that every act but the final one be performed before the conspiracy charge will stick. Such a requirement would be socially irresponsible and risky. The law only requires “any (overt) act” be undertaken.
Did these suspects perform “any overt act?” I really think it’s too soon to tell. Did they buy the liquids needed to create the bombs? Did they buy the explosion mechanisms? Had they applied for their passports? Did they receive large sums of money from terrorist groups? Any of these acts taken alone are innocent enough, but in the context of a conspiracy would arguably be sufficient to meet the “any act” requirement.
It’s unreasonable to ask that British authorities wait until bombs were assembled before moving in. It’s not unreasonable to ask that the facts of the case be brought to light as soon as possible. Let’s give the investigation time to expose the facts before we go accusing our governments of their own conspiracy.
Sphere: Related Content