"Cumulative justice, Scott. One day he'll prove how guilty he is. And innocent people will die."

TEN.

Friday, 22 January 16 days before the Super Bowl "The United States of America versus Omar Mansour, also known as Omar al Mustafa, et al. Detention hearing."

Louis's booming voice reverberated through the crowded courtroom. Scott sat behind the bench; Bobby, Karen, and Carlos occupied their usual positions. U.S. Attorney Mike Donahue and Agent Beckeman sat at the prosecution table; Frank Turner and Omar al Mustafa at the defense table. Mustafa was shackled, as were the other defendants who sat in the jury box and in folding chairs in front of the jury box. But everyone knew that so goes the Imam, so goes the other defendants. If the Imam got out, they got out; if he didn't, they didn't. Scott spoke.

"The government has moved for pretrial detention of all defendants and has submitted a brief in support of its motion. Under the Bail Reform Act, a detention hearing must be held before the defendants may be detained pending trial. This hearing is not about the defendants' guilt or innocence of the charges on which they've been indicted. That matter will be determined at trial. The purpose of this hearing is to determine the defendants' eligibility for pretrial release, and if eligible, the conditions, if any, to their release. Two issues need be answered by the court to make that determination: One, are the defendants flight risks? And two, are the defendants dangers to the community? If both are answered in the negative, the defendants must be released on their own recognizance. If either or both are answered in the positive, I must set conditions to their release that will assure their appearance at trial and the safety of the community. Only if no such conditions exist may the defendants be detained. It is the government's burden to prove by clear and convincing evidence that the defendants are flight risks or dangers to the community and that no such conditions exist. However, under the Act, the charge of conspiracy to use weapons of mass destruction carries a presumption that no such conditions exist; therefore, the defendants must produce some relevant evidence that they are not flight risks or dangers to the community or that such conditions do exist."

The Imam's expression had not changed since the arraignment; the other defendants' expressions had. They no longer looked like fierce fighters; they looked defeated, resigned to their fate, students who already knew they had flunked the test. A week in jail will do that.

"The Act requires the court to consider several factors in determining the defendants' eligibility for and conditions of pretrial release. These factors are: one, the nature and circumstances of the offense, and particularly if it is a violent crime or an act of terrorism; two, the weight of evidence against the defendants; three, the defendants' history and character; and four, the nature and seriousness of the danger to any person or the community posed by the defendants' release."

After hearing Frank's plea the day before, Scott found himself hoping the government had discovered damning evidence against the defendants.

"This is an evidentiary hearing. Each party may present evidence and witnesses. The other party may cross-examine opposing witnesses. However, if any defendant testifies on his own behalf, the government may not cross on the merits of the charges against him, only on the issues of flight risk and danger to the community. The rules of evidence do not apply. Hearsay is admissible. Evidence may be offered by proffer; no personal knowledge of the witness is required. This is an informal proceeding. Any questions as to the procedure?"

There were none.

"We will address the factors so as to dispense with the easiest first. The history and character of the defendants and the nature and seriousness of any danger their release would pose are essentially the same. The statutory characteristics include physical and mental condition, family life, employment, financial resources, length of time in the community and ties to the community, drug or alcohol abuse, and criminal history. The court assigned a Pretrial Services Officer to interview the defendants and make a recommendation as to release or detention of each defendant as well as to any conditions of release. Ms. O'Brien, please come forward."

Sherry O'Brien walked forward and sat in the witness chair. She was middle-aged; she had done her job for fifteen years. She didn't put up with bullshit from either defendants or judges.

"Ms. O'Brien, did you interview the defendants and deliver release reports to the court and the parties with your recommendations?"

"Yes and no, Your Honor."

That wasn't the expected answer. Scott turned to her.

"Please explain."

"I attempted to interview each defendant. They all refused to talk to me."

"Why?"

"They said you told them that they had the right to remain silent."

Scott sighed. "Well, I did say that, didn't I?"

"Yes, sir, you did. But I did write a report with the information I could find, the most important being that none of the defendants has a criminal history."

"None at all?"

"No, sir. But without interviews, I could not make any recommendations to the court."

"Anything else, Ms. O'Brien?"

"Yes. Three of the defendants are foreign nationals. They are citizens of Pakistan, and they have overstayed their visas and are residing in the U.S. illegally."

One defendant jumped up from his chair. "The president said we could stay!"

Louis made a move in his direction, but Scott stopped him with a raised hand. The defendant presented no danger in the shackles.

"Sir, whether you may stay in the country is a question for another day. The question today is whether you stay in jail."

The defendant sat, and Scott turned back to Ms. O'Brien.

"Thank you. You're excused."

She returned to her seat. Scott addressed the attorneys: "Does either party want to present evidence on this factor?"

Mike Donahue stood. "Your Honor, our evidence consists of testimony from the FBI agent in charge of the case. We'd like to address all factors at the same time during his testimony."

"Any objection, Mr. Turner?"

"No, Your Honor."

"The next factor is the nature and circumstances of the offense. The defendants have been charged with conspiracy to use weapons of mass destruction. As I said, this offense carries a rebuttable presumption of detention. Thus, the final factor, the weight of evidence against the defendants, becomes critical to the determination of release or detention. Mr. Donahue, please present the government's case."

Donahue stood. "The government calls FBI Special Agent Eric Beckeman."

The tall agent strode to the witness stand like the Marine he had once been. Louis swore him in, and he sat erectly. Donahue questioned him from the podium.

"Agent Beckeman, you're in charge of the Joint Terrorism Task Force, is that correct?"

"I am."

"It is your job to protect this nation against domestic terrorists?"

"It is."

"And in that capacity you have captured or killed a number of Islamic terrorists?"

"I have."

"And before that, you served as a captain in the Marine Corps in Afghanistan and-"

"Your Honor," Frank said, "we agree that Agent Beckeman knows what he's doing. Since there's no jury to be swayed, perhaps the government can dispense with his biography. In the interest of time."

"That's up to Mr. Donahue ... but less is more."

"Fine, Your Honor," Donahue said. "Agent Beckeman, do you consider Omar al Mustafa a flight risk?"

"I do."

"Do you consider him a danger to the community?"

"I do."

"On what do you base your opinion?"

"On him. On his own words. What he's written and what he's said. He hates America and wants Americans to die."

"Your Honor," Donahue said, "Defendant Mustafa's writings are exhibits to our brief. I can have Agent Beckeman recite portions, but if you've read our brief-"

"I have."

"Then there's no need to repeat his words now."

"Thank you."

Donahue returned to his witness. "Agent, is the Task Force particularly concerned about lone wolf attacks here in the U.S.?"

"We are."

"Why?"

"Because ISIS has called for Muslims in America to, quote, 'kill where you are.' "

"How do you know that?"

"ISIS has posted numerous statements on Twitter-"

"Terrorists with Twitter accounts?"

"Yes. And hundreds of thousands of followers. Twitter suspends their accounts as fast as they can-which earned Twitter executives beheading threats from ISIS-but we estimate that at any time there are about forty thousand active pro-ISIS accounts."

"And what did those statements say?"

The agent removed a paper from his coat pocket and read. "This one in late twenty-fourteen was particularly direct. Quote, 'Do not let this battle pass you by wherever you may be. You must strike the soldiers, patrons and troops of the kuffars. Strike their police, security, and intelligence members, as well as their treacherous agents. Destroy their beds. Embitter their lives. If you can kill a disbelieving American or European-especially the spiteful and filthy French-or an Australian, or a Canadian, or any other disbeliever, including the citizens of the countries that entered into a coalition against the Islamic State, then rely upon Allah, and kill him in any manner or way however it may be. Do not ask for anyone's advice and do not seek anyone's verdict. Kill the disbeliever whether he is civilian or military, for they have the same ruling. Both of them are disbelievers. If you are not able to find an IED or a bullet, then single out the disbelieving American, Frenchman, or any of their allies. Smash his head with a rock, or slaughter him with a knife, or run him over with your car, or throw him down from a high place, or choke him, or poison him. If you are unable to do so, then burn his home, car, or business. Or destroy his crops. If you are unable to do so, then spit in his face.' "

The courtroom had fallen silent.

"Chilling," Donahue said.

"It is."

"Agent, have you seen the consequences of this statement?"

"We have. Since this statement was released ISIS followers killed one hundred thirty civilians in Paris in the November attack and before that a dozen people at the Paris office of a magazine that printed cartoons they considered offensive to Muhammad. They killed four people at the Jewish Museum of Belgium, stabbed two police officers in Australia, and killed one Canadian soldier with a car and another by gunshot at the Parliament. The Swiss authorities stopped a plot to use poison gas, and the Australians stopped a plot by fifteen individuals to behead random people on the streets of Sydney, a plot run directly from Syria. Here at home ISIS followers killed fourteen in the San Bernardino attack and five servicemen in Chattanooga, and attacked two New York City police officers with a hatchet. We arrested a Florida man who wanted to detonate a backpack bomb on the beach. We have thwarted plots to detonate suicide bombs at Fort Riley, Kansas, and in New York City. We apprehended an Army National Guard soldier and his cousin who were plotting to kill fellow soldiers at an Illinois army base. The soldier had posted on Twitter: 'I am already in the American infidel army and now I wish only to serve in the army of Allah alongside my true brothers. We would love to do something like the brother in Paris did. Hit here and then go to dawlah insha'Allah.' "

"What does that mean? Dawlah insha'Allah?"

" 'The caliphate, God willing.' We have charged sixty-seven U.S. residents with domestic terrorism, including Muslim immigrants from Bosnia, Uzbekistan, Kazakhstan, Somalia, Iraq, Somalia, and Syria, we have hundreds of ongoing investigations of possible lone wolf attacks, and we're tracking thousands of potential jihadists in the U.S. Our intelligence community now regards ISIS as a greater threat to the U.S. homeland than al Qaeda, although al Qaeda recently called for lone wolf attacks against Bill Gates and Warren Buffett in an attempt to harm the U.S. economy."

"Agent, I think we can all agree that ISIS is bad, but how is Mr. Mustafa connected to ISIS?"

"He recruits for them. And he's their cleric. He gives religious justification for their violent actions."

"How does he do that?"

"Through his treatises and speeches that are printed in Dabiq, the online propaganda magazine of ISIS. He wrote one article stating that the Koran allows them to hold non-Muslim girls as sex-slaves. At this moment, ISIS holds five thousand women and girls as sex-slaves. Five thousand. These girls are raped every day of their lives. And we do nothing to stop it."

There was a long moment of silence. Donahue finally blew out a breath for the entire courtroom.

"Agent Beckeman, how is Mr. Mustafa connected to the Cowboys Stadium plot?"

"We learned from a confidential source that Mustafa was the mastermind behind the plot."

"Do you consider the other defendants flight risks and dangers to the community?"

"I do."

"Why?"

"Because they're disciples of Mustafa. They follow his orders. And the same confidential source said they were participants in the plot."

"Did the source identify the defendants by name?"

"Yes, sir. Their full names. All twenty-three, including Aabdar Haddad."

"No further questions, Your Honor."

"Mr. Turner."

Frank Turner stepped to the podium. A great cross-examination of the government's witness is often the only way to overcome the presumption. Franklin Turner, famous plaintiffs' lawyer, never failed to deliver greatness; and he always made cross-examination high entertainment. But Scott did not expect either greatness or entertainment that day from Frank Turner. For the first time in his career, Frank wanted to lose.

"Agent Beckeman, do you know the name of the confidential source?"

"No. He kept that confidential."

"Ah. So, what you really have then is an anonymous tip?"

"A source."

"A source without a name, which is the definition of anonymous."

"If you say so."

"I think you did. So, Agent, this source called in to the terrorism hotline, is that correct?"