United States v. Smadi (N.D. Tex. Oct. 19, 2010)

* United States v. Smadi (N.D. Tex. Oct. 19, 2010) (sentencing in bomb plot in Dallas)

A busy (and successful) week for DOJ on the terrorism-prosecution front. From today’s press release:

WASHINGTON — Hosam Maher Husein Smadi was sentenced today by U.S. District Court Judge Barbara M. G. Lynn to 24 years in prison for his attempted bombing of a downtown Dallas skyscraper in September 2009, announced David Kris, Assistant Attorney General for the National Security Division; U.S. Attorney James T. Jacks of the Northern District of Texas; and Robert E. Casey Jr., Special Agent in Charge of the FBI’s Dallas Field Division. Smadi, 20, pleaded guilty on May 26, 2010, to one count of attempted use of a weapon of mass destruction.

…

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.

Also according to documents filed, 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.

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.

Leave a comment

Your email address will not be published. Required fields are marked *