NYPD and the Manhattan DA Take the Lead in a Terrorism Case

Many a state enacted its own set of terrorism-related criminal laws in the aftermath of 9/11.  These laws have largely gone unused, as most cases that might otherwise fall within their scope have been dealt with by federal prosecutors.  But things were different in Manhattan last week, as Mayor Bloomberg, Commissioner Kelly, and DA Cyrus Vance Jr. announced an undercover operation resulting in charges against two men who allegedly planned to carry out attacks on a synagogue and who had purchased (from an undercover agent) a grenade and ammunition toward that end. It is unclear why the FBI and SDNY prosecutors did not take up this case, though the available information suggests that the case originated as an ordinary NYPD criminal investigation and, given the apparently strong evidence ultimately worked up by NYPD, it may simply be that there did not seem to be much point in the feds taking over.  If so, that's probably a healthy development, possibly indicative of mutual respect and a good working relationship amongst not just state and federal criminal investigators and prosecutors but also state and federal intelligence investigators.  It also is a healthy sign that a civilian prosecution in a terrorism case has been set in motion in NYC without massive debate and angst.  [Update: Of course things can't be that simple.  WNYC reports anonymous federal sources stating that the JTTF had doubts about the case... h/t Marcy Wheeler]