I think the problem is more-or-less the same problem that the police and other law enforcement agencies have in fighting organized crime.

The RICO statute comes very close to convicting people by association alone and as such it can be abused very easily. The same difficulties are bound to occur when similar laws are written to combat other associations of people (i.e. terrorist organizations).

At what point does one become a member of the organization? A very hazy question when dealing with either organized crime or Al Queda.

If they attended the terrorist camp, what did their training consist of? Was it a big sleepover where they discussed Allah, or did they receive indoctrination that preached the overthrow of the United States? Whether they bought into the indoctrination, probably doesn't matter. The fact that they should have had reason to believe that they were training with people who were buying into (and who were going to act on that indoctrination) is probably enough to establish their guilt...Assuming you can establish that Anti-USA Terrorist indoctrination was going on.

I suspect that these issues, which are very “gray” legal areas, are causing the Judge in the case to struggle with the case so much.

Are they wrongly accused? I don't know. Should they be released? Again I don't know.

Will they receive Due process under the Constitution? Yes.

Does that sometimes take to much time? Yes, Unfortunately so.

is the RICO and similar anti-terrorism Statutes bad law? Maybe or Maybe not.

Scott