Boston bomb suspect charged; religious motive seen

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  • 7

    Geoff Gillespie

    If Tsarnaev, a naturalized U.S. citizen of Chechen descent, is convicted of the federal charges, he could be sentenced to jail time

    Really, you think so...? Who writes this stuff?

  • 4

    yabits

    An M-4 assault rifle was recovered in the boat where Dzhokhar was captured, the New York Times reported.

    So great there were no background checks on the two brothers.

  • 3

    Surf O'Holic

    The charge of WMD will prove to be problematic for the prosecution as the definition of WMD doesn't fit. According to US legal definition :

    " Weapons of Mass Destruction Law & Legal Definition

    Weapons of mass destruction refers to any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors,a weapon involving a disease organism or biological agent ,or a weapon that is designed to release radiation or radioactivity at a level dangerous to human life."

  • -11

    Droll Quarry

    So great there were no background checks on the two brothers

    No background check required. They went to Bombs-r-us for their shopping needs, not the local Wal-Mart. There is a basis for the quip, "When guns are outlawed, only outlaws will have guns" and these guys were outlaws. Anyway. guns are not the weapon of choice for a terrorist, just not enough bang for the buck.

  • 6

    Virtuoso

    An M-4 assault rifle was recovered in the boat where Dzhokhar was captured, the New York Times reported.

    The greedy slimeball who sold him that rifle committed a crime too. Let him share a prison cell with his buddy Dzhokhar.

  • -7

    WilliB

    yabits:

    " So great there were no background checks on the two brothers. "

    Actually, there were. But since the official stance is that political islam is not a danger to our societies, the FBI was unable to do anything.

  • -5

    Droll Quarry

    political Islam is not a danger to our societies

    I can't figure how this "religion" gets a free pass. It it were blowing people up, the world would be howling for the religious leaders to condemn the violence and control their flock. If a Islamic does it, the silence is deafening.

  • 3

    TheQuestion

    So great there were no background checks on the two brothers.

    Boston police have confirmed that neither brother had the permits required to purchase or maintain the firearms. Massachusetts requires permits for ownership of handguns and shotguns holding ten rounds or less, both of which were possessed by the brothers. The surviving brother could not possess firearms anyway as he was not 21 or over. Boston PD doesn't know where the guns came from but in any case they were transported into the state without authorization and are, in accordance with Mass law, illegal. The younger brother will likely be brought up on illegal possession of firearms charges in addition to murder, WMD, and other assorted felonies.

  • 3

    TheQuestion

    But since the official stance is that political islam is not a danger to our societies, the FBI was unable to do anything.

    Oh please, profiling of individuals of Middle Eastern descent is alive and well within the TSA and the FBI has been encouraging communities to report suspicious activity within Muslim communities since 2001. Muslims aren't a danger to our society just like Catholics aren't a danger to the UK, it's crazy people you've got to watch out for and they come in all creeds, colors, and persuasions.

    Addition: A link to Huff's report on Boston Bombers guns.

    http://www.huffingtonpost.com/2013/04/22/boston-bombing-gunn3131363.html

  • -1

    Surf O'Holic

    Discussing whether the brothers had background checks to acquire the firearms is absurd. How many gangbangers or mafiosos go through legal channels to do anything? If anything, the Fumbling Bureau of Instigations dropped the ball on the 5-yard line, having reportedly long monitored at least the elder. Wouldn't surprise me a bit if this weren't one of their sting operations that went very wrong right under their noses. Check whether the guns were part of the "Fast-and-Furious" debacle.

  • 0

    smithinjapan

    "If Tsarnaev, a naturalized U.S. citizen of Chechen descent, is convicted of the federal charges, he could be sentenced to jail time—or even death."

    How could he NOT face jail time? I'm completely against the death penalty, but as this guy is facing the wrath of an entire nation that has suffered terrorism before, he'll likely get it. I think the WMD charge is a bit of a push, though.

  • 0

    YuriOtani

    weapon of mass destruction oh please! They are in effect very small IED's. So he should face charges of placing an explosive with the intent to kill. If he did not place them than aiding in the placement not a death offense. Also he needs to be in a civilian court. Like it or not Americans there is no state of war. If there is a state of war please tell me when and whom the US Congress declared war?

  • 0

    nandakandamanda

    Only a day ago they were telling us he was beginning to talk/write. The friendly approach must have failed, pretty quickly.

    Sounds like they have decided that charging him will put pressure on him to plea bargain, maybe spill some beans, but there can now be no further search for a mutual state of trust. That's out the window.

  • 3

    SuperLib

    I really hope the authorities know what they are doing with the way they are charging him... Obama has said that he will be tried in civilian courts which I support.

  • 4

    Laguna

    ...some Republicans had said Tsarnaev should have the same status as the “war on terror” detainees held in Guantanamo Bay.

    Oh, really? These would be the same Republicans like Texas Senator John Cornyn, who spoke on the Senate floor during Rand Paul's "don't drone me, bro!" filibuster to declare: "there isn't any more delicate and important matter than the limitations placed on the government when it comes to dealing with our own citizens."

    It is nice to have such a stalwart defender of individual liberty against state tyranny. But - oh, what's this? Cornyn just told Fox News that the Obama administration is stuck in a "pre-9/11 mentality" if it thinks Tsarnaev should enjoy the Constitutional protections afforded to any other American citizen charged with a crime.

    Close Guantanamo now. It's too much of a temptation for some.

  • 0

    badsey3

    If there is a state of war please tell me when and whom the US Congress declared war?

    http://www.globalresearch.ca/yes-america-is-still-in-an-official-state-of-emergency/17545

    Have been in a "State of Emergency" for some time and Obama extended it.

  • -1

    nandakandamanda

    So they did read him his Miranda rights? A little confused...

  • 0

    Nessie

    he could be sentenced to jail time

    Or prison, even.

    Good catch on the WMD, Surf. I was wondering the same thing.

  • 3

    AllweatherToque

    I'm just a dumb Canadian but even I know these two killers didn't have background checks because they got the guns illegally. I think just about every article says it.Younger brother was not old enough to have a gun in that state.

  • -1

    sailwind

    Surf, Nessie,

    Found some info on the WMD charge. It's correct that they define a WMD just as surf had posted but they also threw in a section 921 legal code catch-all to snare just about everything but the kitchen sink outside of the definition if they wanted to charge somebody with using a WMD.

    The law states just before the actual WMD definition that surf used that section 921 of the U.S legal code can also be used to define a WMD:

    (2) the term “weapon of mass destruction” means— (A) any destructive device as defined in section 921 of this title;

    Section 921 defines destructive devices as:

    (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;

    Legally it seems the use of a WMD charge is going to stick to him like glue with no problem with any hope that a Judge can throw it out.

  • -1

    all4faj

    YuriOtaniApr. 23, 2013 - 12:36PM JST

    weapon of mass destruction oh please! They are in effect very small IED's

    We differ greatly on definition, as no doubt do the relatives and friends of the deceased and injured, 3 dead and 200 injured is Mass destruction as far as I am concerned. I am happy that I am not American as i would hate for my tax dollars to be used to defend this animal, then feed , clothe and take care of him for life. Enough of the bleeding hearts , I do not want to kill any infidels that have a different religion as me, and ask the same in return.

  • 0

    smithinjapan

    I'm not defending this guy by any means, but if he's going to get a charge of carrying/using WMDs for killing 3 people and wounding a whole lot of others, shouldn't every nutter who goes on a gun rampage (weekly) in the US be charged with carrying WMDs? sailwind's attempts to justify the charge notwithstanding, said nutters commit FAR more death and carnage.

  • 0

    Surf O'Holic

    " The law states just before the actual WMD definition that surf used that section 921 of the U.S legal code can also be used to define a WMD: (2) the term “weapon of mass destruction” means— (A) any destructive device as defined in section 921 of this title;"

    Please provide a link. I've read Section 921, but have not found that quote.

  • 5

    SimondB

    Weapons of Mass destruction:

    Are they not weapons so terrifying that you invade countries (Iraq) to stop them being deployed? Are not WMD things like Nuclear Bombs, 50,000 pound bombs dropped on Afghanistan (known as the poor man's nuclear bomb) or chemical/biological weapons?

    In no way am I am defending these guys but come on, weapons of mass destruction? Boston is still there unless I'm mistaken. I'd hate to see america go through another - albeit on a lesser scale - knee jerk reacton to this as they did to 9/11. Two pressure cooker bombs in Boston do not constitute WMD. If you think they do then what was Northern Ireland through "The Troubles"? World War 3? It was a terribly criminal act that should be judged, trialed and treated as such. But in the WMD scale of things, these guys were small fry.

  • 2

    Surf O'Holic

    Here's the WMD definition with the 921 catch-all.

    http://www.law.cornell.edu/uscode/text/18/2332a

  • -2

    sailwind

    Please provide a link. I've read Section 921, but have not found that quote.

    No worries happy to assist.

    You'll find it in Section (c) definitions (2) (A) in the link.

    http://www.law.cornell.edu/uscode/text/18/2332a

    You can also click at the link the 921 section in the same link it to the WMD definition. It'll take right there between the two sections of Federal law.

  • 0

    Surf O'Holic

    As badsey noted, the TSA has been under a State of Emergency since 9-11-2001, declared by GWB and continued by BHO. Effectively Martial Law.

  • 5

    CraigHicks

    Incidentally, Tamerlan is now a suspect in the 2011 brutal murder of a former roommate who was his fellow martial arts fighter, and a consumer/seller of marijuana. Three men were murdered, their heads almost severed, and their bodies were covered with thousands of dollars and marijuana. It has been postulated that Tamerlan might have been upset at his former roommate selling marijuana to Tamerlan's younger brother Dzhokhar. Unlike Tamerlan, their is no evidence of any previous interest by Dzhokhar in the Jihad movement. It is not unreasonable to conclude that Dzokhar became involved because his adulation for his older brother Tamerlan blindsided him. One can imagine that Tamerlan resented the easy going American in his younger brother Dzokhar, amplified by the fact that Dzokhar got citizenship while Tamerlan did not (postponed for further consideration). And one can also imagine the satisfaction Tamerlan therefore felt in getting his little brother Dzokhar to participate in this murderously violent scheme. I would say it is truly tragic that Dzokhar fell so fast and so far into this hell trap.
    Tragedy is not an excuse of course, tragedy is just tragic.

  • 0

    Surf O'Holic

    Craig, interesting backstory. Have you got a link to a source?

  • 0

    CraigHicks

    SimondB

    WMD is a fairly recent phrase, and as any part of language does it has some variation in common meaning and depends on context.

    In this case of charging Dzhokhar the only relevant meaning is what's in the law books as sailwind described above, and includes IEDs.

    In the case of George Bush Jr giving the purported reason for invading Iraq long ago it was nuclear and chemical weapons, and did not include IEDs. Although the purported WMD were not found, before the war was over many years later, many Americans had been crippled or killed by IEDs.

    And that's how WMD came to mean IEDs in the English language.

  • 0

    Surf O'Holic

    Some info that Craig mentioned about at least the elder brother:

    http://boston.com/metrodesk/2013/04/22/police-probe-possible-link-between-marathon-bomber-and-unsolved-triple-homicide-waltham/T6MgaX0lur7plZrGj0HsvO/story.html

  • 0

    Cos

    Incidentally, Tamerlan is now a suspect in the 2011 brutal murder of a former roommate

    All the pending cases can now be attributed to him.

  • 0

    Fadamor

    weapon of mass destruction oh please! They are in effect very small IED's. So he should face charges of placing an explosive with the intent to kill. If he did not place them than aiding in the placement not a death offense. Also he needs to be in a civilian court. Like it or not Americans there is no state of war. If there is a state of war please tell me when and whom the US Congress declared war?

    This was a couple of anti-personnel IEDs planted to cause the most amount of casualties possible. Two bombs caused over 200 casualties. By definition, those are weapons of mass destruction. As for the declaration of war, there wasn't one. But I refer you to the Joint Resolution of the 107th Congress which invokes a portion of the War Powers Act:

    http://thomas.loc.gov/cgi-bin/query/D?c107:2:./temp/~c107c1E1Se::

  • -2

    melonbarmonster

    Islam's got problems... This is going to create a major backlash.

  • 1

    nandakandamanda

    Backlash? Why? It was pretty obvious all along, so no surprise.

    I suppose the only surprise is that they were able to do all that by themselves with no help. Oh, and the older brother's wife who has just lost her husband seems to be smiling in all the screen shots...

  • -1

    Fugacis

    Tried as an enemy combatant!?! God help us, if the Republicans have their way the US really will slide into dictatorship.

    Boston is not a warzone, and the brothers Tsernaev are not 'enemy combatants'. Whether or not they are US citizens, and whether or not they were acting on the command of a wider network, it is utterly dangerous and chilling to paint crimes committed in the US like this (not to mention the rather blatant racism whereby mass killings committed by white Americans are just "the actions of lunatics", whereas a bombing committed by two Caucasians with Muslim names is "terrorism").

    To give them this status and abuse international codes of warfare erodes the rights of Americans of all kinds; it introduces the harsh and restrictive laws of war into a peacetime country, bypassing civil and political rights and treating anything vaguely defined as "hostile" to be a threat. This is quite apt to be abused.

    First it will be acts like this; then anti-war demonstrations, the OWS movement, protest marches, even "seditious speech" will be treated in the same way: with US citizens snatched with black bags over their heads and transferred to Guantanemo Bay without trial, and subjected to torture. They will pick the most marginalised group to pilot this on first.

    I'm glad the current US government has the good sense not to pull this idiocy, even if for the wrong reasons.

  • 1

    Molenir

    Islam's got problems... This is going to create a major backlash.

    Not possible, its Islam after all. Now if it was Christianity, you'd see churches burning around the world.

  • 1

    Molenir

    Tried as an enemy combatant!?! God help us, if the Republicans have their way the US really will slide into dictatorship.

    Out of curiosity, what do Republicans have to do with this? Lets be clear here. The storm troopers, evicting people from their homes, were acting under the aegis of Homeland Security, and Obama. The question of Miranda rights, also happened under our current President. To put it another way, there are idiots on both sides. If people stop and consider the actual situation, Guantanamo wouldn't even be considered. This is an American citizen, who committed crimes in America. His reasons for doing so don't matter, except as aggravating or extenuating circumstances. He should be tried, the same way the mafia guys who set off car bombs were, and if found guilty, should face the death penalty.

    Religion, terrorism, acts of war against the country, cannot really be applied to an American citizen acting on US soil.

  • 0

    nandakandamanda

    Now being reported in the NY Times and Japanese sources that back in February they bought fireworks at an outlet store, "the most powerful ones you have, please", for the contents of those pressure cooker bombs.

  • 0

    badsey3

    Now being reported in the NY Times and Japanese sources that back in February they bought fireworks at an outlet store, "the most powerful ones you have, please", for the contents of those pressure cooker bombs.

    Fireworks are pretty much banned in New York, the whole East Coast down to South Carolina. http://www.fireworks.com/locations/by-state/ny/ (must go to PA to get fireworks)

  • 0

    Wolfpack

    Out of curiosity, what do Republicans have to do with this? Lets be clear here. The storm troopers, evicting people from their homes, were acting under the aegis of Homeland Security, and Obama. The question of Miranda rights, also happened under our current President.

    There is also evidence that the Boston terrorists used an Obama phone to set off the bombs.

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