Nigerian man indicted in foiled airline attack on Christmas Day

[SpartanDem]

Source: Detroit Free Press

A federal grand jury in Detroit indicted Umar Farouk Abdulmutallab today in the Christmas Day terrorist attack on a Detroit-bound airliner

Abdulmutallab was charged with six counts: attempted use of a weapon of mass destruction, attempted murder within the special aircraft jurisdiction of the United States, willful attempt to destroy and wreck an aircraft within the special aircraft jurisdiction of the United States, willfully placing a destructive device on an aircraft and two counts possession of a destructive device in furtherance of a crime of violence.

The attempted use of a weapon of mass destruction charge is punishable by up to life in prison.

Abdulmutallab, 23, a Nigerian national, is in custody at a federal prison in Milan, charged in a federal criminal complaint with trying to detonate a bomb hidden in his underwear on Flight 253, which was bound from Amsterdam to Detroit.



Read more: http://freep.com/article/20100106/NEWS05/100106050/1318/Nigerian-man-indicted-in-foiled-terror-attack

[Robb]

1. OK, but "weapon of mass destruction?"

DU attorneys, is this an intent kind of thing? Like if I get on a blimp with a hatpin?

[NJmaverick]

2. High explosives don't cause mass destruction?

:shrug:

[Socal31]

3. Im not following that one, sorry.

Hopefully this idiot lives a long and horrible life in the Pen.

[uppityperson]

5. simply getting on a blimp with a hatpin doesn't do it, but trying to kill everyone aboard would

[demosincebirth]

6. I think if 250 people are on a plane and someone blows it up, its MASS DESTRUCTION

[jberryhill]

8. It is a statutory term

When you want to know what a term in a statute means, you read the definition section of the statute, in this instance 18 USC 2332a:

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002332---a000-.html

(2) the term “weapon of mass destruction” means—

(A) any destructive device as defined in section 921 of this title;

(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or

(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and


And the "destructive device" from Section 921 is:

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000921----000-.html

(4) The term “destructive device” means—

(A) any explosive, incendiary, or poison gas—
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;

(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and

(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.

The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684 (2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.

-----------------------


So, all Umar has to do is to say the junk in his drawers was actually an antique which he intended to use solely for cultural purposes.

[Robb]

10. LOL, thanks

...And the last bit is worth a DUzy. I didn't see it coming. :D

[jberryhill]

11. Whenever you read a statute, look for the defense.... /nt

[Innocent12345]

4. The black sheep

The man, or can i say a boy is a black sheep in the family.

[zbdent]

7. ya know, I was wondering what happened to that guy who said he was

coming to deliver my check ...

it just now dawned on me ...

[jberryhill]

9. ROFL

This post may come as a surprise to you, but I have a 100% risky free transaction to propose...