National Internal Security/Terrorism Prosecutions for February 2007
The latest available data from the Justice Department show that during February 2007 the government reported 35 new national internal security/terrorism prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 7.9% over the previous month.
The comparisons of the number of defendants charged with national internal security/terrorism-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)
When monthly 2007 prosecutions are compared with those of the same period in the previous year, the filings were down (-12.7 percent). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that the prosecutions are up 5.1 percent from levels reported in 2002.
The leveling out from the levels five years ago in national internal security/terrorism prosecutions is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of national internal security/terrorism prosecutions recorded on a month-to-month basis. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average.
Within the broad category of national internal security/terrorism, cases were classified by prosecutors into more specific types.
Case types within national internal security/terrorism are
Internal Security Offenses
Terrorism-International
Terrorism-Domestic
Terrorism -Related Hoaxes
Terrorism-Related Financing
Terrorism (Anti) - Environmental
Terrorism (Anti) - Identity Theft
Terrorism (Anti) - Immigration
Terrorism (Anti) - OCDETF Drugs
Terrorism(Anti) - Non-OCDETF Drugs
Terrorism (Anti) - Violent Crimes
Terrorism (Anti) - All Others
The largest number of prosecutions in February 2007 was for "Terrorism(Anti) - Immigration", accounting for 31.4 percent of prosecutions. Prosecutions were also filed for "Terrorism(Anti)- All Others" (25.7%), " Terrorism(Anti) - Identity Theft" (17.1%), "Terrorism -Domestic" (8.6%), "Terrorism -Related Financing" (5.7%). See Figure 2.
The lead investigative agency for national internal security/terrorism prosecutions in February 2007 was DHS accounting for 46 percent of prosecutions referred. Other agencies with substantial numbers of national internal security/terrorism referrals were: FBI (31% ), IRS (6%), Secret Service (6%). See Figure 3.
Lead Charge in National Internal Security/Terrorism Prosecutions
US Magistrate Courts
In February 2007, 23 percent of national internal security/terrorism cases took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in February the most frequently cited lead charge was Title 18 U.S.C Section 876 involving the "Mailing threatening communications". This was the lead charge for 37.5 percent of all magistrate filings in February.
US District Courts
Table 2 shows the top lead charges recorded in the prosecutions of national internal security/terrorism matters filed in U.S. District Court during February 2007.
Lead Charge Count Rank 8 USC 1326 - Reentry of deported alien 7 1 Details 18 USC 1028 - Fraud and related activity - id documents 5 2 Details 18 USC 1341 - Mail Fraud - Frauds and swindles 4 3 Details 18 USC 1001 - Fraud/false statements or entries generally 3 4 Details 18 USC 286 - Conspiracy to defraud the Government claims 2 5 Details 8 USC 1323 - Unlawful bringing of aliens into US 1 6 Details 18 USC 844 - Explosives - Importation and storage of explosives 1 6 Details 18 USC 1029 - Fraud and related activity - access devices 1 6 Details 18 USC 2339 - Harboring or Concealing Terrorists 1 6 Details 22 USC 2778 - Control of arms exports and imports 1 6 Details 49 USC 46504 - Interference with flight crew members and attendants 1 6 Details
Table 2: Top charges filed for prosecutions
"Reentry of deported alien" (8 U.S.C Section 1326) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028.
Ranked 3rd was "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341.
Judicial District Count Rank Mo, E 7 1 Details Ohio, N 3 2 Details Tenn, E 3 2 Details Cal, S 2 4 Details Oregon 2 4 Details Tenn, W 2 4 Details Utah 2 4 Details Fla, S 1 8 Details Mass 1 8 Details N. J. 1 8 Details N. Y., E 1 8 Details N. Y., S 1 8 Details Texas, N 1 8 Details
Table 3: Top districts for prosecutions
National Internal Security/Terrorism Prosecutions by Judicial District
In February 2007 the Justice Department said the government brought 11 national internal security/terrorism prosecutions for every ten million people in the United States.
Understandably, there is great variation in the number of national internal security/terrorism prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of prosecutions last month are shown in Table 3.
Eastern District of Missouri (St. Louis)—with 7 prosecutions—was the most active during February 2007.
Northern District of Ohio (Cleveland) ranked 2nd.
Eastern District of Tennessee (Knoxville) is now ranking 2nd as well.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. For the entire nation, the judges recorded with the largest number of new national internal security/terrorism crime cases during February 2007 are shown in Table 4.
Judge Count Rank Perry, Catherine D. Mo, E 5 1 Details Carr, James G. Ohio, N 3 2 Details Hayes, William Q. Cal, S 2 3 Details Hurley, Daniel T. K. Fla, S 1 4 Details Tauro, Joseph Louis Mass 1 4 Details Hamilton, Jean C. Mo, E 1 4 Details Jackson, Carol E. Mo, E 1 4 Details Debevoise, Dickinson Richards N. J. 1 4 Details Garaufis, Nicholas N. Y., E 1 4 Details Hellerstein, Alvin K. N. Y., S 1 4 Details Haggerty, Ancer Lee Oregon 1 4 Details Mosman, Michael W. Oregon 1 4 Details Collier, Curtis Lynn Tenn, E 1 4 Details McCalla, Jon Phipps Tenn, W 1 4 Details Todd, James Dale Tenn, W 1 4 Details Godbey, David C. Texas, N 1 4 Details Kimball, Dale A. Utah 1 4 Details
Table 4: Top judges for prosecutions
Judge Catherine D. Perry in the Eastern District of Missouri (St. Louis) ranked 1st with 5 defendants in national internal security/terrorism cases.
Judge James G. Carr in the Northern District of Ohio (Cleveland) ranked 2nd with 3 defendants in national internal security/terrorism cases.
Judge William Q. Hayes in Southern District of California (San Diego) ranked 3rd with 2 new national internal security/terrorism cases.
