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Boston Bombing Suspect's First Court Appearance in Hospital Bed
PHOTO: A tearful Zubeidat Tsarnaeva, the mother of the Boston bomb suspects, told ABC News that her sons are innocent.
Bombing Suspect Told Mom 'I Love You' Moments Before Shootout: Report
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By KIRIT RADIA (@KiritRadia_ABC) and PIERRE THOMAS (@PierreTABC)
April 22, 2013
Accused Boston Marathon bomber Dzhokhar Tsarnaev made his first court appearance in his hospital bed this morning in connection with the blasts that killed three and wounded at least 176 last week.
The charges were filed under seal, but they could lead to the death penalty, a decision being left to U.S. Attorney General Eric Holder.
Tsarnaev could possibly be slapped with a "weapon of mass destruction" charge, which carries a penalty of death. Authorities are using the public safety exemption that gives authorities the legal bases to question Tsarnaev without delivering Miranda rights. That's because authorities believe there is imminent threat out there.
Law enforcement sources say Dzhokhar Tsarnaev, 19, was arraigned at his hospital bed, which was first reported byABC News affiliate WCVB.
Tsarnaev was awake and responding sporadically in writing to questions Sunday night. They are asking about any possible cell members and other unexploded bombs.
Justice Department says Boston bombing suspect charged with using a weapon of mass destruction, Reuters reports. He also is charged with one count of malicious destruction of property resulting in death, according to Reuters.
He had a college ID credit cards in his pocket when he was arrested, the complaint states.
www.chicagotribune.com...
Originally posted by Destinyone
Shrapnel = explosions of some sort. Mass shrapnel = mass destruction....
These were bombs that were used....remember...
The charge applies here.
Originally posted by IgnoranceIsntBlisss
Originally posted by Destinyone
Shrapnel = explosions of some sort. Mass shrapnel = mass destruction....
These were bombs that were used....remember...
The charge applies here.
There's the logic I predicted:
Next it will be mass murderer shoots a mass of people... with a GUN... now the gun is the WMD... following that logic.
and then
18 USC § 2332a - Use of weapons of mass destruction
USC-prelim
US Code
Notes
Updates
Authorities (CFR)
USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.
Current through Pub. L. 112-283. (See Public Laws for the current Congress.)
(a) Offense Against a National of the United States or Within the United States.— A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
The above is from this link www.law.cornell.edu...
8 USC § 844 - Penalties
USC-prelim
US Code
Notes
Updates
USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.
Current through Pub. L. 112-283. (See Public Laws for the current Congress.)
(a) Any person who—
(1) violates any of subsections (a) through (i) or (l) through (o) ofsection 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and
(2) violates subsection (p)(2) ofsection 842, shall be fined under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both.
(c)
(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that—
(A) the property has not been used or involved in a violation of law; or
(B) any unlawful involvement or use of the property was without the claimant’s knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life life imprisonment.
Originally posted by Destinyone
Shrapnel = explosions of some sort. Mass shrapnel = mass destruction....
These were bombs that were used....remember...
The charge applies here.
Des
What are Weapons of Mass Destruction?
Weapons of Mass Destruction (WMD) are defined in US law (18 USC §2332a) as: “
(A) any destructive device as defined in section 921 of this title (i.e. explosive device);
(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)
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.”
(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.