Cost of holding terrorism trial in Detroit raises concerns

It's unclear whether state, Detroit or feds would foot big bill
NATHAN HURST
The Detroit News Washington Bureau

Washington -- It's the bill nobody in Michigan wants to pay.

Who's going to cover the cost to safeguard Detroit and terrorism suspect Umar Farouk Abdulmutallab when he appears in court to answer charges he tried to blow up a plane over Detroit on Christmas Day?

Experts say federal, state and local authorities could tally tens of millions of dollars in bills to escort the 23-year-old Nigerian from the federal prison in Milan, seal an international border, block downtown streets, keep protesters at bay and make sure local buildings and infrastructure remain safe.

If Abdulmutallab doesn't take a plea deal or plead guilty before his trial, as New York's Times Square attempted bomber has done, his drawn-out trial could attract significant attention from the media and others.

The incident "struck close to home for a lot of people," said Paul Jenkins, a Washington-based homeland security consultant. "There's a definite possibility you could see protesters or threats emerge, even if he isn't present at the court the whole time."

During his January arraignment, the suspected terrorist's presence in downtown Detroit brought out demonstrators, onlookers, Flight 253 passengers and others. The drama escalated when a suspicious package and envelope were found near the courthouse. Abdulmutallab wasn't present for a court hearing last month, and future court dates haven't been booked.

Dan Lijana, spokesman for Detroit Mayor Dave Bing, confirmed that city police would be responsible for securing the streets around the Theodore Levin Courthouse should there be threats or concerns. Lijana said the last discussions between federal and local officials about who will pay for security took place around the time of Abdulmutallab's arraignment in January, but he wouldn't say what came of those discussions.

Abdulmutallab is being held at the federal prison in Milan, where he has been cooperating with authorities, officials say. The prison is about 45 miles southwest of Detroit, and bringing him to court could cause traffic and escort issues. The Federal Protective Service and U.S. Marshals Service -- both federally funded -- are responsible for coordinating Abdulmutallab's transfer to and from the prison.

Melody Kindraka, spokeswoman for the Michigan State Police, said her agency hadn't yet received requests to help out with security at the trial.

And, indeed, it might be a bit early for any such requests. But the security cost question still concerns some.

'Undue burden on the city'

Rep. Candice Miller, R-Harrison Township, who sits on the House Homeland Security Committee, sent a letter in April to Homeland Security chief Janet Napolitano, saying she has concerns about a highly politicized trial that could be the target for protests and other disruptions.

In her letter, Miller said requiring a beefed-up law enforcement presence would "place an undue burden on the city and the southeast Michigan region. We are simply in no position to absorb the additional security costs that will be caused if this trial is held in Detroit."

Miller said while Detroit is not a high-profile target like New York -- where federal officials intend to try suspected 9/11 mastermind Kalid Sheik Mohammed -- it still poses challenges because of the courthouse's downtown location and proximity to a foreign border. And with budget woes squeezing resources for the city of Detroit and the state, Miller said it makes sense for the federal government to pay up.

"Right now, Michigan just can't afford to pay for that extra security," Miller told The Detroit News. "Both the city and state are struggling enough as it is."

In response to Miller's letter, Chani W. Wiggins, assistant secretary in the Department of Homeland Security's Office of Legislative Affairs, confirmed earlier reports of a $200 million budget request to help cover security costs in "Detroit or other U.S. cities that host terror-related trials."

A Miller spokeswoman said the congresswoman was "disappointed that the response wasn't more specific, but she intends to hold them to it."

Gov. Jennifer Granholm is confident the federal government would cover some of the bills for security, if asked.

"If there are additional costs related to (a) federal decision ... they probably would be receptive to helping out," Granholm said. " 'Cause we don't, as they know, have funds here.

"They've been extremely responsive to us when we've asked for help. ... If that's something we need to go to bat for, well then you better believe we will do that, too."

In the heart of Detroit

Local and state law enforcement officials will be watching New York for clues about how to provide security for a suspected terrorist on trial in the United States. Kalid Sheik Mohammed is supposed to be tried at a federal courthouse in lower Manhattan, but New York officials have spent much of this year bickering over the location, which shows the complexities of securing the proceedings.

New York officials said they would need to protect the area on land as well as by sea and air. Two perimeters would be created: a "pedestrian only" zone within a few blocks of the courthouse, plus an extended second zone where all traffic would be subject to search.

In Detroit, there are other concerns as well. The downtown courthouse where the proceedings would take place was built in a less security-conscious era.

Surrounding the courthouse is a smattering of parking lots and office buildings, both vacant and occupied, that would need to be secured, plus a lot of infrastructure vital to Detroit.

Nearby are two hotels, some restaurants and tracks for the People Mover. A block and a half to the east, Campus Martius hosts crowds of lunchgoers, while a couple of blocks north, the Rosa Parks Transit Center serves as a nexus for the city's public transit. Freeways leading to the southwest, west, northwest, north and northeast radiate from close-by interchanges.

The courthouse -- just four blocks from the Detroit River and the Canadian border -- brings a unique set of issues and costly measures. Arrangements would have to be made to keep sympathizers or other terrorists from trying to cross the border to disrupt the proceedings or free Abdulmutallab.

Jenkins, the security consultant, said costs to secure the courthouse "will surely be less than New York," but still not cheap.

N.Y. trial could run $200M

U.S. Rep. Pete King, R-N.Y., who serves as ranking member of the House Homeland Security Committee, was joined by a number of Republican colleagues on Capitol Hill in criticizing the decision by U.S. Attorney General Eric Holder to prosecute Mohammed near ground zero in New York.

Aside from the issue of reverence to the attack site, King said he doesn't want state and local law enforcement authorities to get stuck with the tab of protecting the trial. His staff estimated costs to secure the courthouse site to run around $200 million; estimates from other House Republicans run even higher.

Clark Stevens, a spokesman for the Department of Homeland Security, confirmed his agency's $200 million request for fiscal year 2011 to pay for security costs arising from terrorism trials in American cities. That money, requested in February through the annual federal appropriations process, is expected to be approved.

But such funding would have to be requested in subsequent years, as well.

Abdulmutallab's next court appearance isn't set; pretrial motions are due in September.