What Zazi had in mind for New York

Judith Miller:

THE 12-page indictment against Najibullah Zazi should make it clear that Americans, especially New Yorkers, have dodged yet another bullet -- or, in this harrowing case, a weapon of mass destruction.

...

... As Andrew McCarthy argued this week at National Review Online, this case underscores the shortcomings of approaching terrorism as a mere law-enforcement problem.

Arrest early to prevent an attack, and prosecutors may not be able to make charges stick -- certainly not against trained, hard-core terrorists. But waiting for law enforcement to build a solid case increases the chances for a successful, catastrophic attack.

McCarthy argues that an administrative-detention system is needed to counter terrorism threats. The United States is the only developed Western nation lacking a system for the government to detain suspects in a terrorism case while a criminal case can be built.

Here in New York, the goals of our two main terror-fighting forces remain at odds: Federal prosecutors still give priority to convictions, while the NYPD is far more focused on preventing attacks by deterring, disrupting and unraveling terrorist networks -- which is precisely what has probably happened in this case.

Yes, Zazi & Co. may argue that their 14 backpacks, almost as many cellphones and the digital scale that can be used to measure ingredients of chemical bombs were innocent. And he can always argue that the nine pages of handwritten notes he sent to two of his three e-mail accounts in Pakistan on how to make a bomb (not standard formulas downloaded off the Web) were bedtime reading. His eight associates who were trying to rent a 24-foot U-Haul trailer in New York can always claim that they just wanted to help a friend move furniture.

But, thanks to his arrest, Zazi won't be making anything sinister anytime soon. And the feds apparently moved before they had all the pieces of the alleged plot in presentable court order. Lying to federal officials may not be as grave as conspiring to commit terrorism, but it got Zazi off the streets and out of business.

The full dimensions of this plot are still unfolding. And law-enforcement officials are still conducting an intensive investigation for what they say are 16 to 18 "people of interest" allegedly tied to this plot.

...

The back packs and the U-Hauls give some scale to the plans. It could be that his ambitons exceeded his means, but that is no reason to set him free for another try. Finding a way to detain people with this kind of ambitions should be a high priority. Much higher than trying to reduce the reach of the Patriot Act.