European Stars And Stripes (Newspaper) - June 4, 1987, Darmstadt, Hesse                                Page 10 the stars and stripes thursday june 4,19b7 columns George will supreme court s ruling upholds boil Reform act it was the first Day of Spring 1986,hut Anthony fal Tony Salerno s heart was not Light. He was feeling hard used by the government which was indicting him on 29 counts of mail and wire fraud extortion conspiracy o commit murder various gambling violations and Viola Lions of he racketeer influenced and corrupt organizations act Rico and was charging him with being Boss of the Genovese crime family. Furthermore the government using the bail Reform act of 1984, was trying to keep Salerno indoors holding him without bail in preventive detention prior to trial. Salerno said this violate the fifth amendment due process Gua Rantee and he got an appeals court Leagree. But now the supreme court has ruled against him 6-3. So Salerno fell Short of repeating the Victory he won when an appeals court held thai pc trial detention on the grounds of future dangerous be Havior is facially unconstitutional As violative of due process. A facial Chal Lenge holds that no circumstances exist under which the bail Reform act could be valid. The act allows a Federal court to de lain an Arr Stec if after an adversary hearing in which the arc Ste is protected by a panoply of rights the government presents convincing evidence that no condition of release will reasonably As sure the safely of individuals or the Community. The appeals court sided with Salerno saying that it is a Basic principle of jus Tice that a person s Liberty May be re is Ric cd Only for past actions not anticipated future actions. Bui thai principle 15 More problematic and porous than the appeals court suggests. The appeals court acknowledged that re trial detention is permissible after certain kinds of probability judgments As when a defendant is found to be Likely to jeopardize the trial process by intimidating witnesses or fleeing from trial. Such findings involve anticipations of behaviour predictive judgments not different in principle or complexity from the judgment to detain someone like Salmo on Whir grounds of future Anthony Lewis dangerousness. The government moved to de lain Salerno after he was indicted. An indictment involves the language of probability there is probable cause to believe thai an offence has been committed and that the indicted person committed in. And it is crucial to the use of he 1984 act in this Case hat Salerno was indicted not just for committing a crime or even a lot of crimes but for being an important participant in a complicated criminal organization with a Peculiar momentum that makes certain anticipations reasonable. When the District court sided with the government against Salerno it noted that the activities of a criminal organization such As the Genovese family do not cease with the arrest of its principals. When business As usual involves threats beatings and murder the present danger such people pose in the Community is  so in Salerno s Case there was no Ca Pricious Ness or claim of Clairvoyance involved in the expectation that a member of a criminal organization will continue to further its activities. Still. Supreme court justices mar shall Brennan and Stevens dissented. Marshall joined by Brennan argued that the 1984 acl is analogous to a hypothetical Law imposing a dusk to Dawn curfew on unemployed people because much violent crime occurs after dark and much of in is perpetrated by unemployed peo ple. Bui the 1984 act involves a narrow rigorously regulated kind of prediction that is particularly relevant to people like Salerno who since this Case began has been convicted and sentenced to 100 years in prison for mob activities. Chief Justice Rehnquist joined by Justice while Black Mun Powell o Connor and Scalia conceded the general Rule that government can not detain a person prior to a judgment of Guill in a criminal trial Bui Rehnquist cites numerous exceptions when the requirements of Community safety out weigh an individual s interest in Liberty. These exceptions involve the exigencies of War or insurrection certain kinds of juveniles some aliens facing deportation proceedings some mentally unstable individuals and to repeal arrested thought Likely to jeopardize the trial pro Cess. Marshall rightly notes thai there it something at least problematic about the 1984 act s assertion that the act shall note construed As modifying or limiting the presumption of  but there is nothing novel about Legal provi Sions e.g., requirements for posting bail that clearly proclaim that the presumption of innocence is compatible wit changes in the rights of individuals As a result of arrest and indictment. That pre sumption must be balanced against prob ability judgments relevant to the Community s intern in safety. We Yungton poll Wrt i group Thatcher Reagan a lot alike yet very different London Margaret Thatcher and Ronald Rea Gan Are often created especially in the United states As if they were political twins. They do have ideology in common. But in the Way they do the work of politicians gelling elected and running government they could hardly be less alike. Reagan s political Persona is the Nice Guy easygoing Friendly a shucks. Statements so extreme thai they would make hair stand on end if uttered by anyone else frighten hardly anybody when they come Iron him. Polls show that Only about a Quarter of Ameri cans believe his Story in the Iran Centra affair but Many More still like him. No one would accuse Thatcher of affability. In voice and manner she is miss know it All a Nanny who is just Aboul to spank her charges unless they shape up and learn the right answers. I m sorry she told a questioner at the morning press conference he other Day you Haven t got it at  Kven As president Reagan comes on As an Amateur an Ami politician. Thatcher is a professional and proud of in. She worked her Way through the sys tem and she knows every detail of it. Detail May be the most striking difference Between the two. Reagan s management style As inc Tower commission politely called it is to set Only he Broa dest outline of policy leaving the rest to underlings. Thatcher seems determined to know everything that goes on in her government. One or More of her Cabinet members attends the conservative party press conference held daily during the election Campaign. But she is locally in charge Down to the placing of microphones. And she is not always cheering to her colleagues. She answered a reporter s question one Day and then turned to Norman Tebbit party chairman and a Cabinet member who was silting next to her. With a Light smile she said i m sure you d like to add something very  works extremely hard As prime minister reportedly gelling and needing Only three and one half hours of Lccy a night. The difference from the. President need not be elaborated. The sense that she is in charge and determined May be her biggest political Assacl. Polls show deep doubts Aboul conservative attitudes on education i id health and other social issues and they certainly Sho Little affection for her As a personality. But i think people nevertheless re Spect her commitment and drive. Her greatest achievement in that sense has been the curbing of Trade unions. She took on what had become on Independent Power in the country an beat it. The plague of British strikes has essentially ended and Mosi people surely Welcome the sense of order. A reporter asked her whether dislike for her personality the thalcher Factor it is called would Hurt in the Elenion. What hey Are accusing us of she answered is having the guts and the spine to put our policies through and reveal  certainly is not worried Aboul the press As her appearance each morning to answer questions Indi Cates. Her Confidence in herself is so great that to Many in looks like arrogance. She began the Campaign by saying thai she envisaged not Only a third irm but a fourth As prime minister. Will she win the answer is that she probably will because she is Lucky in having a divided opposition. The tories arc holding at just above 40 percent but the rest is split Between labor and the centrist Alli Ance it is still possible that she will fall Short of a majority of seals in the House of commons but the Money has to be on an outright Thatcher  Victory would have its dangers for Margaret thalcher just As landslides have had for recent Ameri can presidents. She could become even less willing to entertain the possibility that she is wrong. There is an authoritarian tone in thalcher and that could Worsen. She has already dropped independen a i tided colleagues from her Cabinet and More of them Are Likely to go. As in the White House in the second Reagan term inc ideological line could Harden. On inc other hand Thatcher has shown that she can be convinced by facts can change her mind. She Didon Rhodesia and then led the diplomacy that ended that Long struggle and created an Independent Zimbabwe. Civil servants say that she is genuinely inter ested in facts and lets Ihm override ideology. There again inc contrast with Reagan is  fort Tunis mows 5T�