JUDGE LEERY OF HOLDING UPSTATE 'TERROR' CELL

September 21, 2002 -- LACKAWANNA, N.Y. - A skeptical judge put some speed bumps in the way of a prosecutor's efforts to have six upstate men, charged with being an al Qaeda sleeper cell, detained without bail when he said yesterday he found it hard to decide if the men are a danger to the community.

Those terrorist training camps are essentually "army" training camps. Their purpose is to train young men for attacks against the United States, its' interests, Jews and christians.

Atta and his companions attended those camps. They lived in the United States and posed no threat until they boarded those planes on 9-11.

Prior to this, they attended our schools, ate our food, lived in our housing, the same as the Buffalo six. Like the six, they were the benefactors of funds, training and materials of how to deceive the population of the US while they prepared for their attack.

Were they a danger to the US? Yes!!

If we have to operate on the theory that until they "engage" in a specific attack and cannot act offensively, we will become defenseless lambs waiting for the next wave.

The Buffalo six have already stated their intentions by participating at those camps. The notion that the camps are something you "try out" and leave if you don't like it is ludicrous. The camps are a secondary step at least...recruit, train, prepare and attack.

The Buffalo six are not "pillars of their community". They are young men who have engaged in "terrorist training" as a step to future attacks upon the United States.

Fool me once, shame on you, fool me twice, shame on me.

Sac

H. Kenneth Schroeder, Jr., formerly a partner at Hodgson, Russ, Andrews, Woods and Goodyear, LLP was sworn in June 2nd, 2000 as Federal Magistrate in the Western New York District at the Federal Courthouse in Buffalo.

At the installation ceremonies, presided over by Hon. David G. Larimer, Chief Judge of the U.S. District Court for the Western District of New York, Judge Schroeder was warmly received by his colleagues on the Federal bench and by members of the legal community. BAEC president Donald B. Eppers, New York State Supreme Court Justice Barbara Howe and U.S. District Judge Michael A. Telesca offered words of welcome. In his remarks, Judge Schroeder paid tribute to his fellow judges; to his former colleagues at Hodgson, Russ; and to those who educated him in the law. He paid special tribute to his wife Jean, who held the Bible while Judge Larimer administered the oath of office. Bishop of Buffalo Henry J. Mansell offered the invocation.

Garry M. Graber greets his former Hodgson, Russ colleague Hon. H. Kenneth Schroeder at a reception in the Statler's Buffalo Room following installation ceremonies on June 2.
Judge Schroeder was selected by a merit panel to replace U.S. Magistrate Judge Carol L. Heckman, who has joined the firm of Harter, Secrest & Emery, LLP.

He is a former U.S. Attorney for the Western District of New York and has extensive federal and state litigation and trial experience in the fields of labor and employment practices (including ERISA), contracts, patents and copyright, insurance defense and coverage issues, civil and criminal antitrust law, federal and state tax criminal prosecutions, U.S. Customs law as well as in general civil litigation.

Hon. Schroeder served as a U.S. Attorney of the Western District of New York from 1969-72. On four separate occasions, he was selected by the Chief Judge of the United States District Court for the Western District of New York to serve as Chairman of the U.S. Magistrate's Merit Selection Committee for the Western District. He has chaired the Public Defender Merit Selection Committee for the Western District of New York, having been appointed to the position by the Chief Judge of the U.S. Court of Appeals for the Second Circuit. He has been appointed by Gov. Pataki to serve on the Governor's Task Force on independent contractors in New York.

Hon. Schroeder is the former Department Chairman of Hodgson Russ' litigation department. While with the firm, he concentrated his practice in complex civil and white collar criminal litigation which often involves high-dollar and high-risk exposure to clients. He has been inducted as a full Fellow in the American College of Trial Lawyers, the first Hodgson Russ attorney in 40 years to be inducted as a Fellow of the College.

Admitted to practice in New York, the District of Columbia and Florida, Hon. Schroeder received his B.S. degree from Canisius College in 1958, his J.D. degree from the University of Buffalo in 1961, and his LL.M. degree from Georgetown University Law Center in 1962.

Is this one of slick willie's judges?

U.S. Magistrate Judges are not appointed, like Article III Judges. They are attorneys hired by the Article III Judges and given a bit of judical authority, but not much. Traditionally, they handle routine matters like picking juries, deciding motions and, as in this case, handling arraignments.

Magistrates have very little discretion when deciding whether to detain a defendant. They are controlled by the Bail Reform Act. At an initial appearance on a complaint or indictment, the U.S. Attorney must allege that the defendant is a danger to the community. If they do, then the Magistrate Judge must order detention.

I'll give the Magistrate in this case the benefit of the doubt. Perhaps he was keen on locking up the cell members, but questioned whether the government had adequately alleged "danger to the community" at the time of the arraignment.

Regardless, decisions of a Magistrate Judge can be quickly and immediately overturned by any Article III Judge.

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