Legal jousting in sniper case doesn't make sense



Unless we're mistaken, the war on global terrorism is still going on and prisoners of that war are still in a legal holding pattern. In other words, there's a lot happening. Under the circumstances, why would the Justice Department get involved in the case of the Washington-area sniper suspect and his minor companion?
A cynic might suggest that next week's election had a lot to do with the federal government filing charges Tuesday against John Allen Muhammad, accusing him of a deadly extortion plot. The complaint could carry the death penalty, but U.S. Attorney Paul McNulty in Virginia said a decision had not been made whether there would be federal indictments against Muhammad and the other suspect, 17-year-old John Lee Malvo.
The 20-count complaint, which charges Muhammad with discharging a firearm as part of an extortion scheme in the deaths of seven people in Maryland and the wounding of three others in Maryland and Virginia, does not name Malvo because he is a juvenile. A juvenile charged with a federal capital offense cannot be executed.
The speed with which the justice department moved to file the charges does raise eyebrows. The two suspects already face murder charges in Virginia and Maryland in the attacks that killed 10 and wounded three, while Alabama officials have charged them in a killing outside a liquor store last month in Montgomery.
Charging document
McNulty's comment that the federal complaint against Muhammad is "just a charging document that has the effect of further holding the defendants," begs the question: Does he think that officials in Maryland, Virginia and Alabama and perhaps Washington state are going to let Muhammad and Malvo out on bail?
The states that were held hostage have filed murder charges and have the ability to prosecute the two accused to the fullest. Indeed, prosecutors in Alabama and Virginia are seeking the death penalty against Muhammad and Malvo, while officials in Maryland will seek to put Muhammad to death but are prohibited by law from pursuing the same legal course with Malvo.
The bottom line is that these states have things well in hand and the U.S. Justice Department is irrelevant. As we said at the outset, this country is embroiled in a war on global terrorism and the Bush administration still must deal with the issue of prisoners who are accused of being directly or indirectly involved in the Sept. 11, 2001, terrorist attacks on the United States or being linked to Osama bin Laden's Al-Qaida terrorist network.
Attorney General John Ashcroft should instruct his federal prosecutors to let the states deal with the sniper shootings. The Bush administration has bigger fish to fry.