United States v. Smadi (N.D. Tex. May 26, 2010)

* United States v. Smadi (N.D. Tex. May 26, 2010)

From DOJ’s press release (see attached docs, too):

DALLAS — Hosam Maher Husein Smadi pleaded guilty today before U.S. District Judge Barbara M. G. Lynn to a felony offense related to his attempted bombing of a downtown Dallas skyscraper in September 2009…

Smadi, 19, pleaded guilty to one count of attempted use of a weapon of mass destruction. He faces a maximum statutory sentence of life in prison and a $250,000 fine. Under the terms of the plea agreement, however, Smadi faces a sentence of 30 years in prison, if the court accepts the plea. Judge Lynn has set a sentencing date of Aug. 20, 2010.

“Today’s guilty plea underscores the continuing threat we face from lone actors who, although not members of any international terrorist organization, are willing to carry out acts of violence in this country to further the terrorist cause. I applaud the many agents, analysts and prosecutors responsible for this successful investigation and prosecution,” said Assistant Attorney General Kris.

“I commend the FBI, the lawyers and support staff in the U.S. Attorney’s Office, and the Counterterrorism section at the Department of Justice for their excellent work in bringing this case closer to a successful conclusion,” said U.S. Attorney Jacks.

“The facts disclosed today and Smadi’s plea make it clear his intention was to kill American citizens. I want to commend the work of the FBI’s North Texas Joint Terrorism Task Force investigators and the prosecutors in the U.S. Attorney’s Office for the Northern District of Texas, who worked countless hours to bring this investigation closer to its conclusion and to protect the community in their execution of the FBI’s Counterterrorism strategy to detect, penetrate, and disrupt acts of terrorism in the United States,” said FBI Special Agent in Charge Casey.

According to documents filed, on Sept. 24, 2009, Smadi knowingly took possession of a truck that contained a weapon of mass destruction, specifically a destructive device or bomb. The truck with the bomb inside was a vehicle borne improvised explosive device. Smadi believed that this was an active weapon of mass destruction, and while it was inert when Smadi took possession of it, it was a readily-convertible weapon of mass destruction.

Smadi knowingly drove the truck containing the bomb to Fountain Place, a 60-story public office building located at 1445 Ross Avenue in Dallas, and parked it in the public parking garage under the building. After parking the truck, Smadi activated a timer connected to the device, locked the truck and walked away. Smadi walked out of the parking garage, crossed the street and got into a car with an undercover law enforcement agent. They drove a safe distance away and prepared to watch the explosion. Smadi, who believed the bomb would explode and cause extensive damage, used a cell phone to remotely activate the device.

smadi_factual resume.pdf

smadi_plea agreement.pdf

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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