European Stars and Stripes (Newspaper) - August 22, 1991, Darmstadt, Hesse                                Thursday August 22, 1991 the stars and stripes Page 13commentaryanthony Lewis passage of crime Bill illustrates politics of fear there is something in the nature of Congress that makes it periodically subject to fits of fear. Certain issues cause these Dadarene rushes communism of course. Pornography. Crime. Legislators have to be Tough on such things a or rather look Tough. So a demagogue can come up with the most irrational proposals Call them Tough and frighten his colleagues into voting for them. A Joe Mccarthy or Jesse Helms trades not on the regard of other members but on their fear. It happened again in june. The Senate was debating the crime Bill when sen. Alfonse do Amato r-n.y., proposed two amendments. They were calculated to strike political terror into the hearts of senators and they did. One amendment would make any murder committed with a gun that has crossed state lines a Federal offence. It would also make the crime punishable by death even in states that do not have the death penalty. The second do Amato amendment was even More sweeping. It would make Federal offences of All state Bull rum Iii and local drug and violent crimes committed when the offender has a gun. Those two proposals add up to the most Radical incursion on state Legal Power since the Constitution was adopted. The Constitution envisaged Ordinary Law enforcement As a state function with Federal criminal Law limited to particular Federal concerns. That balance remains intact today As statistics show. Last year 176 homicide cases were brought before Federal judges while the other courts around the country handled More than 11,000. In 1989, More than 340,000 robberies and aggravated assaults with a gun were reported and the second do Amato amendment would allow All of those cases to be moved into the Federal courts. The Small number of Federal judges could not possibly handle such a flood of new cases. To move even a modest share of them would mean that Federal courts could no longer perform their essential function of deciding constitutional questions in civil cases. In fact Federal judges would have no time to hear any civil cases. When such realities were mentioned supporters of the amendments replied that Federal prosecutors would probably take Only a Small number of murder and other cases leaving most of them where they Are now. But that answer Only emphasizes what a Radical change the amendments would make in american federalism the balance of authority Between the states and the Federal government. Federal prosecutors would i de Blanche be Given the Power to pre empt state attorneys general and District attorneys whenever they Felt like it in a wide variety of cases. The second do Amato amendment would also introduce new rigidity into the criminal Law by fixing mandatory sentences j 10 years for a drug or violent crime when the defendant had a gun 20 years if he fired it 30 years if the gun had a Silencer. Do Amato called those provisions Tough on crime. But mandatory sentences Are known to have the opposite effect. When such draconian prison terms Are in Prospect Many juries will not convict defendants. Prosecutors often Duck the problem by bringing lesser charges. But Legal realities counted for Little when the Senate voted. What mattered was politics the fear that someone would accuse a member of being soft on crime. The first do Amato amendment was approved by a vote of 65 to 33, the second by 88 to 11. Those 11 senators who had the courage to do what most of their colleagues knew was right deserve to be named. There were six republicans Christopher Bond of Missouri Conrad Burns of Montana William Cohen of Maine Slade Gorton of Washington James Jeffords of Vermont and Warren Rudman of new Hampshire. And five democrats Jeff Bingaman of new Mexico Alan Cranston of California Howell Heflin of Alabama Howard  of Ohio and Paul Simon of Illinois. When the Senate finally passed the crime Bill last month 26 members voted no 16 republicans 10 democrats. The Senate Bill was Well characterized by a Democrat who is the image of toughness John Silbur of Massachusetts. Writing in the Boston Globe he said the Bill showed a the legislative process at its grandstanding worst. It has nothing to do with controlling crime but a lot to do with winning elections a c the new York times Aid seeking Iran playing hostages advocate the bargaining under Way in the hostage Bazaar is complicated even by Middle East standards involving the United nations and up to nine governments As Well As terrorists who have killed hundreds of people. Significantly it is Iran an outlaw state for More than a decade that is playing a key role in the negotiations because it wants to come in from the political cold and secure Western economic Aid. On sunday president Bush credited Iran with playing a More constructive role in negotiating terms for freeing the remaining 11 westerners believed to be held in Lebanon. A Bush administration official said iranian officials Are taking an Active role in secret three Way talks with . Secretary general Javier Perez de Cuellar and israeli negotiators. The . Official speaking on condition of anonymity said that Iran has supplanted Syria in recent Days As the nation that is most involved in seeking to set terms for the release of the Western hostages. Iran a bid for International respectability is a breakthrough in the tortuous efforts made Over the last six years to free hostages held by shiite Muslim extremists in Lebanon. Iran was involved in earlier hostage releases but these involved primarily the kidnappers Tehran and the country whose nationals were held. But with so Many players now involved the negotiations Are fraught with Pitfalls and conflicting objectives. In recent Days the initial optimism stirred by the release of British hostage John Mccarthy and american captive Edward Tracy dimmed As the backroom bargaining began. The talks in Geneva Between Perez de Cuellar and officials from Israel Germany Iran and other countries have Given Way to closed door huddles in Washington Jerusalem Tehran Damascus London and the capitals of other european countries where shiites Are behind bars. Still Perez de Cuellar involved in the murky Arena of hostage negotiations for the first time says he a hopeful that a comprehensive Deal can be arranged in the weeks ahead. What a happening now is arguably the Best Chance yet to resolve the hostage Issue because for the first time key players appear ready to work to end the Long running drama. Iran and Syria which has also been shunned for years for its support for terrorist groups Are mane vering to get Back into the International mainstream by helping secure the release of the five americans three britons two germans and an italian still missing in Lebanon. Iran a president Hashemi a Sfanjani has been trying for More than two years to push the lebanese kidnappers into freeing their captives because he realizes that until the islamic Republic Sheds its pariah image it will never obtain the economic Aid it so badly needs. A the iranians Are aware also that Iraq despite its current plight following the Gulf War cannot be kept Down forever and that Iran will have to be economically Strong As a countervailing Power in the Gulf a said Middle East analyst Hans Heino Kopietz. Whatever Iran a motives for Iran a actions Perez de Cuellar has singled out Tehran for the help it has provided in recent Days indicating that he believes a Sfanjani can deliver an across the Board hostage release. The iranian Leader whose efforts Are opposed by hard line anti Western radicals in Tehran appears to have won Over Imad Mughni Yeh Leader of the main Kidnap group islamic jihad. Shiite sources in Beirut said Mughni Yeh who has masterminded suicide bombings Airliner hijackings and assassinations throughout the Middle East Over the last nine years has been shuttling Between Beirut and Tehran for weeks to set up an Exchange. The shiite hostage holders have offered to free Many of the 11 missing westerners who Are still alive a briton Alec Collett is considered dead by authorities in London a in return for the release of 300-400 lebanese mainly shiites held by Israel and others imprisoned in Europe. But Israel also wants the release of seven of its servicemen missing in Lebanon some since israelis 1982 invasion of Lebanon or the return of their remains. Since some of these men arc or were believed to be held by palestinian factions the israeli demand complicates an already Complex Issue. In addition the kidnappers Ocmand for the release of a Freedom fighters from prisons in Europe presumably includes three convicted shiite terrorists in Germany and Switzerland and three suspected terrorists awaiting trial in Spain. The moral question of whether governments should barter convicted terrorists for Western hostages thus opening the door to future kidnappings could make the germans and others think twice. The associated press the opinions expressed in the columns and cartoons on this Page represent those of the authors and Are in no Way to be considered As representing the views of the stars and stripes or the United states government