THE DAY AFTER:
September
12, 2001
Yesterday we seemed to be living in a Tom
Clancy novel with a very wrong ending... but as former Senator Warren
Rudman,
chair of a recent task force on terrorism, noted this was a terrorist
attack
of "mass disruption...." And as heartbreaking and horrific as it
was, the next could well be a terrorist attack of "mass destruction,"
i.e.
using nuclear or chemical/biological weapons! Forget
Anti-Ballistic-Missile-Attempt
II, obviously we need more attention and resources to counter the real
and immediate threat from foreign -- and domestic -- terrorists.
The Best Retaliation
A key difference between bin Laden and other
terrorists is not his degree of fanaticism or intelligence, although he
has dramatically demonstrated both -- but rather having the financial
resources to provide a safe haven for training terrorists and making worldwide plans.
Thus
the most effective response would be to find and confiscate all of his
money, which then could be used to compensate the many victims of his
acts.
And since bin Laden likely promised significant financial rewards to
the
families of those who carried out the attacks yesterday -- and
previously
-- any and all funds he has dispersed over the last 10 years should
likewise
be traced and recovered. And finally, since you can't hide
millions
under a mattress in Afghanistan -- much less effectively use that money
without the cooperation of international banking channels-- the people,
organizations, and countries that have allowed him to finance his
operations
should be treated as harboring terrorism as well.
In short, while swiftly eliminating bin Laden
would give immense satisfaction, since he undoubtedly has plans to
disperse
and devolve his organization and resources in the event of his death,
eliminating
his financial fortune would be far more effective first step....
September 13, 2001: Ways to Follow-the-Money
There are at least three ways to follow-the-money, i.e. every bank in the world could be told that if they knew - or should have known - they were helping bin Laden or any other terrorists in any way, they will be treated as terrorist as well. This should precipitate a frantic and through search of their records. Second, attention should be focused on any large payments following terrorist attacks. And third, attention should be focused on any payments made to families or relatives of any terrorists in the last 20 years. That is, while the children shouldn't suffer for the sins of their father, neither should they benefit from the sins of their father. Indeed, allowing any financial reward for terrorists acts is not only morally wrong, it is highly counter-productive.
So Why We Haven't Followed-the-Money?
An article in the National Law Journal
(dated 9/17/01) discusses a case where parents decided to sue Iran for
financing a terrorist group that set off a bomb that killed their
daughter
in 1995. Since governments are immune to legal action, they asked
Congress
to pass a law permitting lawsuits against countries designated as
sponsors
of terrorism. After Congress did so in 1996, Iran refused to
participate
in the trial, and the court awarded the parents $247 million. When the
parents tried to collect by seizing Iranian assets in the US, they
found
that such assets were immune from seizure. And when they went back to
Congress
for another law, the Clinton administration -- and others -- were
afraid
that removing this immunity would place American assets at risk in
other
countries....
So... Congress passed a law giving $247
million
to the parents from the US Treasury! Subsequently other victims (led of
course by plaintiff's
attorneys!) followed this lead and have also received $100's of
millions
in judgments from the US. The fear is/was foreign courts would allow
their
citizens to sue the US for funding past acts (and Iran passed a law to
allow its citizens to file such suits for "US interference" since
1953).
But, as the article points out, it is hard to justify these payments as
deterring terrorism... and hard to justify putting these matters in the
hands of plaintiff's attorneys rather than the government!
But at least 3 options remain:
First, we could still go against bin Laden since he is an individual
and
not a country (unless "excellent" lawyers have advised him to finance
terrorism
via Iran or another government, etc..);
Second, we could just get better lawyers and make new law (maybe at the
World Court) to do what is right..... or
Third, we could have a "Delta Force" of accountants and computer
hackers
with stealth computers simply extinguish bin Laden's assets with
extreme
prejudice...
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Page prepared 9/12/01
Original material only copyright 2001; other
material
copyright by holders;
see the Elect Hobie Homepage; Non-Commercial
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