Lt. Christopher Paul Hasson was arrested last Friday:
A Coast Guard lieutenant and self-proclaimed white nationalist was arrested on charges of illegal drug and weapons possession on Friday. But authorities say the charges are just the “proverbial tip of the iceberg” and that the man is a “domestic terrorist, bent on committing acts dangerous to human life.”
This guy wrote some scary stuff, privately and published only to himself: many threats to liberal and leftist public figures, much white supremacist talk. He also wrote that he was “dreaming of a way to kill almost every last person on the earth.” He thought maybe a plague of some sort might do the trick. Here’s the sort of thing he had in drafts on his computer:
I think a plague would be most successful but how do I acquire the needed/ Spanish flu, botulism, anthrax not sure yet but will find something.
Interesting idea the other day. Start with biological attacks followed by attack on food supply. . . Have to research this. Two pronged attack seems it might be more successful. Institute a bombing/sniper campaign.
I have little doubt that there are currently people in the US like Hasson, plotting mass terror. I have little doubt that some are on the left and some on the right. How do we find them? How can we tell who is going to actually commit an act of terror and who is just “dreaming” about it, writing notes on a computer? On what grounds do they get detained, and when?
In fact, that’s true of contemplating or planning any crime. Is writing on your computer, amassing some weapons (not anthax, but ordinary weapons) in accordance with gun laws, actionable? I don’t think so.
Fortunately for us, Hasson seems to have violated some gun and drug laws and could be arrested on those grounds, so we don’t have to get into the question of how serious he was about his terrorist attack plans. But what if he hadn’t violated (or allegedly violated) any such laws? What if the only crime of which he’d been guilty was thoughtcrime?
If Hasson had conspired with someone, and that person had gone to authorities, they might be able to charge Hasson with conspiracy (see this):
Conspiracy has been defined in the United States as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions…
Conspiracy law usually does not require proof of specific intent by the defendants to injure any specific person to establish an illegal agreement. Instead, usually the law requires only that the conspirators have agreed to engage in a certain illegal act.
Under most U.S. laws, for a person to be convicted of conspiracy, not only must he or she agree to commit a crime, but at least one of the conspirators must commit an overt act (the actus reus) in furtherance of the crime.
But I don’t think any of this applies to Hasson. I haven’t seen any allegations of conspiracy.
You can find the motion for detention pending trial here (scroll down). He’s being charged with the following:
…possession of a firearm and ammunition by an unlawful user or addict of controlled substances) and simple possession of Tramadol, which is an opioid and a Schedule IV controlled substance.
The rest of the document is a listing of the reasons he should be detained pending trial, and consists of a description of his extremist views, dreams, plans, writings, and computer research, none of which he seems to have shared with anyone (he wrote a draft of an email that he sent to himself, for example). The contents are indeed violent and very ominous—as well as containing frequent references to the attack perpetrated by Breivik and the detailed plans Breivik had made. Around the time Hasson was writing all of this he was buying multiple weapons; more recently he was listing possible liberal targets and researching where they lived and that sort of thing. Altogether a chilling picture.
But—at least so far as I can see at the moment—he doesn’t appear to have committed any act of terrorism, or even threatened anyone except in his own writings to himself. It’s almost as though this was some sort of textbook law exam case, as I remember them—designed to describe a set of circumstances that places someone in a difficult gray area and asks the student what should be done and why.
I think it was wise to get this guy for the acts he’s actually committed, which is exactly what authorities have done so far in this case. I’m having some difficulty finding the possible penalties he could face if he’s convicted of the firearms and drug offenses, so I’m not sure whether even Hasson’s conviction on these charges would put him away for a significant amount of time.
But that doesn’t solve the question of what to do with anyone—left, right, or in-between—who has made detailed and obsessive plans for murdering people (few or many) and yet hasn’t done anything in terms of acts, except the possession of lawful weapons. I suppose the commitment laws could come into play if the person is judged to be suffering from a mental illness, but that tends to be quite ineffective and time-limited, as well as difficult to implement.
It all comes down to an old question: how much risk are we willing to accept in order to retain our liberty? We don’t want to be prosecuting thoughtcrime—at least, most of us on the right don’t.
