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Silent Night, Jihadi Night: Mall Bombing Foiled

Details and links-a-plenty at Hot Air, of course. Dude tried to buy four grenades from an undercover fed, and he's caught on tape planning to use them at a Chicago shopping mall during the Christmas season.

AllahPundit notes that he's charged with two counts, one of which is "using a weapon of mass destruction". His reaction was the same as mine--since when is a hand grenade a WMD?

Well, it checks out. Derek Shareef is charged under 18 USC sec. 2332a, and the definitions there include:

(2) the term “weapon of mass destruction” means—
(A) any destructive device as defined in section 921 of this title;
...and then it moves on to the more obvious ones.

A grenade is a destructive device under section 921, where it specifically mentioned as such.

No sympathy from me for Mr. Shareef, but that statutory definition of WMD seems a bit overbroad. I think there are "destructive device" charges which are more apt in this case. That said, the statute is constitutional and clear, so throw the book at the murdering SOB.


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Posted by SeeDubya on December 8, 2006 11:33 AM
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I’ve looked at these laws before, and they are a bit overzealous. WMD is properly defined by 18.1.2332a.c.2.(B, C, and D). These are real WMDs - poison gas, bio agents, nukes.

Yes, bombs can kill lots of people … but c’mon. 921.iii defines a big model rocket as a destructive device, therefore a WMD under 2332a.c.2.A, even if it has no explosive payload at all! Same goes for a skyrocket (921.iv) with a decent sized cherry bomb on the end. These are absurd definitions.

On the other hand, if we allow the definition of WMDs in Iraq to be the same definition used here in our very own laws, then WMDs have been found over there by the millions!!

Posted by Drew458 on December 10, 2006 3:19 PM
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