NDAA’s Anti-Terrorism Resolution, Policy and Action Plan
by Kevin P. Meenan, NDAA President
Since the terrible events of September 11, the entire nation has been grappling with the new reality of the war on terrorism. From the first resolution adopted in the days following the attacks, NDAA has worked diligently to ensure that the local prosecutors of this nation take their appropriate roles in the decisions and strategies of homeland security. To that end, I directed that a Working Group be formed to develop a policy for NDAA and local prosecutors on anti-terrorism efforts.
Ably facilitated by Tom Charron, NAC Director of Education, a group of 18 prosecutors from around the country met for two days at the NAC and developed the policy that follows. After a thorough review by the Crime Control Committee, this policy and an accompanying resolution were adopted unanimously by the NDAA Board of Directors at our recent meeting in Costa Mesa, California.
Each member of the Working Group, along with NDAA staff, is to be commended for their hard work and for their invaluable contribution to the effort. This Anti-Terrorism Policy will form an integral foundation for future work of NDAA as our Homeland Security strategies evolve.
RESOLUTION National District Attorneys Association Anti-Terrorism Policy
NDAA Anti-Terrorism Policy
On September 11, 2001, foreign terrorists suddenly and brutally attacked the United States. These cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, they were clearly intended to intimidate our nation and weaken its resolve.
The National District Attorneys Association, which represents America’s local prosecutors in their efforts to pursue justice and protect public safety, condemns the cowardly and deadly actions of these criminal terrorists and resolves to contribute our efforts and experience as criminal prosecutors and collaborate with our federal partners in the prevention and prosecution of terrorist acts.
Importance of the Battle Against Terrorism
Policy: The battle against terrorism is a priority for America’s prosecutors because each incident is a crime and affects the peace and safety of our communities.
Terrorism is a crime. As prosecutors, we are the ones who are responsible for prosecuting crimes. The events of September 11, 2001, reminded us that America must remain ever vigilant in the fight against terrorism. The enormity of the task of keeping America safe requires cooperation between local, state and federal authorities, as well as the support of our citizens. Maximum efforts must be taken to ensure that the various entities in the law enforcement and intelligence communities remain focused on the ultimate goal of keeping America safe. The battle against terrorism must be a priority for America, and we cannot be distracted from our goal.
Cooperation
Policy: The National District Attorneys Association strongly endorses the initiative of the Anti-Terrorism Task Forces and encourages all local prosecuting attorneys to cooperate with and become integral, productive and informed members of their district’s Anti-Terrorism Task Force.
Policy: Prosecutors should support and assist the federal and state governments in their fight against terrorism.
In response to the events of September 11, 2001, the attorney general of the United States has established Anti-Terrorism Task Forces (ATTFs) in each federal district. Local prosecutors should become an integral and productive member of their district’s ATTF. They should act as partners with the United States attorney in their area and take a leadership role in assisting the United States attorney to organize the local response to terrorism. For the most effective and efficient use of resources, they should assist in facilitating a coordinated and unified response to a terrorist threat or act and in aggressive intelligence gathering at the local level to prevent future terrorism.
Cooperation requires both state and federal initiative. When necessary, local prosecutors should contact the United States attorney and request to be involved with the ATTF rather than waiting to be contacted by the United States attorney. Acts of terrorism violate state and federal laws. In the spirit of comity, states should support the federal government by sharing information and resources whenever possible and appropriate. Likewise, the federal government should share information and resources with prosecutors to the maximum extent legally permissible.
Leadership
Policy: Prosecutors should assume a leadership role in their Anti-Terrorism Task Force and should serve as a point of contact for local law enforcement agencies when appropriate.
Policy: Local prosecutors should train and educate law enforcement and their community regarding terrorism.
Policy: Prosecutors should be proactive in evaluating their local laws and community expectations and determine what role, if any, they should play prior to an incident, during an incident or after an incident occurs.
Policy: Prosecutors should play a leadership role in updating state laws to insure that they adequately address the novel challenges presented by international terrorism.
Prosecutors are leaders in the fight against crime. Local prosecutors are prosecuting crimes that may be precursors to terrorist incidents such as identity theft, money laundering, loitering, investigatory and traffic stops and the sale of illicit drugs. The location of a terrorist act is a crime scene. While first responders are working to save lives, prosecutors have a legal responsibility to advise and assist investigators who are gathering evidence. Regardless of which agency initiates an investigation, prosecutors insure that justice is done by taking state and local criminal matters to court and convicting the guilty. Additionally, prosecutors have the legal background and training enabling them to guide law enforcement officers in conducting investigations and establishing procedures and protocols.
Furthermore, prosecutors should assume a leadership role in training law enforcement officers. As the entity which ultimately assumes prosecution of a criminal case, the prosecutor should be intimately familiar with procedural rules and regulations. Prosecutors should make an effort to ensure that local law enforcement has been advised of any legal changes.
Prior to September 11, most states did not have to confront the issue of international terrorism. State legislatures across the country have proposed legislation to address gaps made evident by the September 11 terrorist attack. Due to their backgrounds in criminal prosecutions, prosecutors are uniquely qualified to assist state legislatures in drafting legislation that will adequately cover any gaps in federal legislation. When possible, prosecutors should offer their expertise and experience to assist their legislatures.
Finally, prosecutors must evaluate their role and determine what effect the changes have upon that role. When appropriate, prosecutors may wish to establish local anti-terrorism task forces.
Funding
Policy: Prosecutors must be included in anti-terrorism funding initiatives.
More than 95 percent of crimes are prosecuted at the state and local level. Prosecutors must continue to protect America by prosecuting state and local crimes. Nationally, the reaction to the terrorist tragedy has been to divert money from criminal endeavors to first responders and anti-terrorism efforts. These efforts are important and should be funded; however, funding of law enforcement should not be abandoned. Additional responsibilities and evolving roles have been delegated to local prosecutors.
Prosecutors must be explicitly included in funding legislation. Without adequate funding, a prosecutor’s ability to keep America safe will be hindered and criminals cannot be brought to justice.
|
