DATE= 11/18/97 TYPE=BACKGROUND REPORT NUMBER=5-38121 TITLE=TERRORISM ON TRIAL (PART 2) BYLINE=JIM MALONE DATELINE=WASHINGTON CONTENT= VOICED AT: INTRO: LAST WEEK'S KILLING OF FOUR AMERICANS IN KARACHI, PAKISTAN, MAY ILLUSTRATE THE DANGERS OF CONVICTING INTERNATIONAL TERRORISTS IN THE UNITED STATES. THE ATTACK CAME SHORTLY AFTER A JURY IN FAIRFAX, VIRGINIA, RETURNED A GUILTY VERDICT IN THE MURDER TRIAL OF PAKISTANI NATIONAL MIR AMAL KASI FOR HIS 1993 SHOOTING RAMPAGE IN FRONT OF C-I-A HEADQUARTERS WHICH LEFT TWO PEOPLE DEAD AND THREE OTHERS WOUNDED. IN PART TWO OF HIS SERIES ON TERRORISM ON TRIAL, V-O-A NATIONAL CORRESPONDENT JIM MALONE LOOKS AT THE RISKS OF PUNISHING INTERNATIONAL TERRORISTS IN THE UNITED STATES AND WHAT MIGHT BE DONE TO LESSEN THE DANGERS. TEXT: TWO DAYS AFTER MIR AMAL KASI WAS FOUND GUILTY OF MURDER, FOUR AMERICAN OIL COMPANY WORKERS WERE GUNNED DOWN ON THEIR WAY TO WORK IN DOWNTOWN KARACHI. A PREVIOUSLY UNKNOWN GROUP CLAIMED RESPONSIBILITY FOR THE ATTACK AND WARNED OF FURTHER VIOLENCE IF KASI IS PUT DEATH. THE VIRGINIA JURY HAS RECOMMENDED THE DEATH PENALTY FOR KASI, PREVIOUSLY KNOWN HERE AS MIR AMAL KANSI, AND THE JUDGE IN THE CASE WILL FORMALLY ANNOUNCE THE SENTENCE IN JANUARY. TERRORISM EXPERTS IN THIS COUNTRY WARN THAT SIMILAR ATTACKS ON AMERICANS ABROAD ARE LIKELY IF THE UNITED STATES CONTINUES TO PUT ACCUSED TERRORISTS ON TRIAL IN THE U-S JUDICIAL SYSTEM. JEFFREY SIMON IS PRESIDENT OF A POLITICAL RISK ASSESSMENT COMPANY IN LOS ANGELES AND HAS WRITTEN EXTENSIVELY ABOUT INTERNATIONAL TERRORISM. /// SIMON ACT. /// THE RECENT INCIDENT IN PAKISTAN IS AN EXAMPLE OF WHAT WE CAN REALLY SAY IS THE ENDLESS CYCLE OF TERRORISM. AS WE MAKE MORE PROGRESS IN THE FIGHT AGAINST TERRORISM AND BRING MORE TERRORISTS TO TRIAL, UNFORTUNATELY WE ARE GOING TO EXPERIENCE RETALIATORY ATTACKS BY SYMPATHIZERS OF TERRORISTS OR ANY GROUP ACTUALLY THAT SEES AN ANTI-U-S ATTACK AS WORKING TOWARDS THEIR ADVANTAGE. /// END ACT. /// U-S LAW ENFORCEMENT OFFICIALS POINT WITH PRIDE TO THE RECENT CONVICTIONS OF THE WORLD TRADE CENTER BOMBERS IN NEW YORK LED BY RAMZI YOUSEF AND OF C-I-A KILLER MIR AMAL KASI IN VIRGINIA. DESPITE THESE SUCCESSFUL PROSECUTIONS, INDEPENDENT EXPERTS SAY THAT TERRORIST GROUPS ARE MORE EAGER THAN EVER TO REBOUND FROM THESE SETBACKS AND CAPTURE INTERNATIONAL ATTENTION. /// OPT /// LONG ISLAND UNIVERSITY PROFESSOR HARVEY KUSHNER SPECIALIZES IN CRIMINAL LAW AND TERRORISM. HE PREDICTS MORE TERRORIST ACTS ARE LIKELY IN RETALIATION FOR THE RECENT CONVICTIONS IN THE UNITED STATES. /// KUSHNER ACT. /// THEY HAVE BEEN TAKEN OFF THE FRONT PAGE (TAKEN OUT OF THE NEWS). THEREFORE, THERE IS A NEED, A VERY SERIOUS NEED FOR TERRORIST ORGANIZATIONS, STATE SPONSORED ONES IN FACT, TO BE BACK ON THE FRONT PAGE. SO THERE IS ESPECIALLY A NEED FOR THEM TO STRIKE OUT NOW AGAINST AMERICAN TARGETS, BOTH HERE IN THE UNITED STATES AND ABROAD TO GET THEMSELVES BACK ON THE FRONT PAGE. /// END ACT. /// /// END OPT /// /// OPT /// IN THE CASE OF EGYPTIAN RELIGOUS LEADER SHEIK OMAR ABDEL RAHMAN, RETALIATION MAY ALREADY BE UNDERWAY. SHEIK OMAR IS SERVING A LIFE SENTENCE IN A U-S PRISON FOR HIS 1995 CONVICTION ON CHARGES OF PLOTTING TO BLOW UP THE UNITED NATIONS AND PLANNING TO ASSASSINATE EGYPTIAN PRESIDENT HOSNI MUBARAK. IN THE AFTERMATH OF THIS WEEK'S BLOODY MASSACRE OF TOURISTS IN LUXOR, EGYPT, THE COUNTRY'S LEADING ISLAMIC MILITANT GROUP ISSUED A STATEMENT TAKING RESPONSIBILITY FOR THE ATTACK, ADDING THAT THEIR INTENT WAS TO TAKE HOSTAGES TO BARGAIN FOR THE RELEASE OF SHEIK OMAR. /// END OPT /// /// OPT /// IN THE CASE OF CONVICTED C-I-A KILLER MIR AMAL KASI, TERRORIST EXPERTS WARN THAT THERE IS THE POTENTIAL FOR MORE RETALIATORY VIOLENCE. ANALYST JEFFREY SIMON SAYS AMERICANS LIVING IN PAKISTAN COULD BECOME TARGETS ONCE AGAIN IF KASI IS PUT TO DEATH. /// SIMON ACT. /// WELL, A DEATH SENTENCE, IF IT IS ACTUALLY CARRIED OUT, WOULD BE UNCHARTERED WATERS FOR AMERICA. WHEN WE BRING AN INTERNATIONAL TERRORIST UP TO THE DEATH SENTENCE AND ACTUALLY CARRY OUT THAT SENTENCE, IT DEFINITELY WOULD RAISE THE RISK WORLDWIDE IN TERMS OF AN ANTI-U-S ATTACK BY TERRORIST SYMPATHIZERS. /// END ACT. /// /// END OPT /// ONE QUESTION THAT LEGAL AND TERRORISM ANALYSTS ARE ASKING IS WHETHER THE PROSPECT FOR RETALIATORY VIOLENCE AGAINST AMERICANS OVERSEAS WILL ALTER THE WAY AMERICAN JURIES DEAL WITH TERRORISM CASES? MOST EXPERTS DO NOT THINK SO. AGAIN, TERRORISM EXPERT JEFFREY SIMON. /// SIMON ACT. /// I DO NOT THINK THAT JURIES DELIBERATING WOULD TAKE THAT INTO CONCERN BECAUSE IF THEY DO IT REALLY BASICALLY DEFEATS THE WHOLE PURPOSE OF WHY WE ARE TRYING TO APPREHEND AND CAPTURE THE TERRORISTS. YOU HAVE TO TAKE EACH CASE ON ITS MERITS, YOU HAVE TO LOOK AT THAT TYPE OF INCIDENT AND YOU CANNOT ALLOW THE FEAR OF FUTURE TERRORISM TO ALLOW CURRENT TERRORISTS TO GO FREE. /// END ACT. /// /// OPT /// BUT OTHERS BELIEVE THAT U-S LEGAL AUTHORITIES SHOULD CONSIDER SOME CHANGES IN THE WAY IN WHICH TERRORIST TRIALS ARE CONDUCTED TO PROTECT JUDGES, PROSECUTORS AND JURY MEMBERS. NEIL LIVINGSTONE OPERATES A CRISIS MANAGEMENT FIRM HERE IN WASHINGTON AND HAS WRITTEN NINE BOOKS ON TERRORISM AND NATIONAL SECURITY ISSUES. HE SUGGESTS HIDING THE IDENTITIES OF JURORS IN TERRORISM TRIALS BY KEEPING THEM BEHIND SCREENS IN THE COURTROOM OR MOVING AWAY FROM JURY TRIALS ALTOGETHER. /// LIVINGSTONE ACT. /// IN OUR SYSTEM, WE HAVE ALWAYS MAINTAINED THAT THE ACCUSED HAS THE RIGHT TO CONFRONT THE ACCUSERS AND, TO A CERTAIN EXTENT, THE JURIES THAT WILL CONVICT THEM. AND I THINK THAT WE ARE GOING TO HAVE TO RETHINK SOME OF THOSE LONGSTANDING TRADITIONS HERE AND MAYBE MOVE TOWARD MORE SITUATIONS WHERE WE JUST TRY SOME OF THESE CASES IN FRONT OF JUDGES. /// END ACT. /// NEIL LIVINGSTONE ALSO SAYS THAT WITH THE MOUNTING CONCERN OVER VIOLENT RETALIATION AGAINST AMERICANS FOR THESE TERRORISM TRIALS, IT IS SOMETIMES HARD TO APPRECIATE THE SUCCESS THAT U-S LAW ENFORCEMENT OFFICIALS HAVE HAD IN APPREHENDING AND CONVICTING INTERNATIONAL TERRORISTS. MR. LIVINGSTONE SAYS THE RECENT CONVICTION OF RAMZI YOUSEF, THE MASTERMIND OF THE 1993 BOMBING OF THE WORLD TRADE CENTER IN NEW YORK, WAS AN ESPECIALLY IMPORTANT VICTORY FOR LAW ENFORCEMENT. /// LIVINGSTONE ACT. /// WELL, THE GOOD NEWS IS THAT WE ARE FINALLY APPREHENDING SOME OF THESE TERRORISTS. AND AS IN THE CASE OF RAMZI YOUSEF, HE WAS PREVIOUSLY CONVICTED OF A PLOT TO BLOW UP TWELVE WIDE-BODIED JETLINERS IN A SINGLE DAY, PERHAPS KILLING AS MANY AS FOUR-THOUSAND PEOPLE. BY PREEMPTING THAT, WE PERHAPS SAVED THOUSANDS OF LIVES. AND THE FACT THAT HE IS NOW IN PRISON, AND HE IS A VERY BRIGHT GUY, HE CERTAINLY HAD THE ABILITY TO CARRY OUT THOSE ATTACKS, WE HAVE PERHAPS SAVED A CONSIDERABLE NUMBER OF LIVES. NOW THE DOWN SIDE, OF COURSE, IS THAT BY PUTTING HIM IN PRISON WE MAY HAVE OTHERS THAT CARRY OUT RETALIATORY ATTACKS. BUT I THINK THE FACT THAT WE HAVE BEEN ABLE TO PUT SOME OF THESE PEOPLE AWAY (IN JAIL) AND IN SOME CASES, PREEMPT OTHER ATTACKS, VASTLY OUTWEIGHS THE RISK OF RETALIATORY ATTACKS. /// END ACT. /// THE FOCUS ON U-S TERRORISM TRIALS NOW SHIFTS TO DOMESTIC CASES INVOLVING THE SO-CALLED UNABOMBER IN CALIFORNIA AND A SECOND OKLAHOMA CITY BOMBING TRIAL. BUT FEARS OF INTERNATIONAL REPRISALS COULD BE FRONT AND CENTER AGAIN IN JANUARY WHEN BOTH RAMZI YOUSEF AND MIR AMAL KASI WILL BE SENTENCED FOR THEIR CRIMES. (SIGNED) NEB/JBM/EH 18-Nov-97 5:04 PM EST (2204 UTC) NNNN Source: Voice of America .