Feds Refer to RPG as a WMD (George Bush was Right!)

[Seven]

So, according to the current regime, George W. Bush was correct. WMD's do reside in the Middle East. They're RPG's!

For anyone who hasn't been following the Eric Harroun debacle, you can catch up here:

http://www.nydailynews.com/news/world/u-s-army-veteran-takes-sides-middle-eastern-conflicts-article-1.1285617

http://news.yahoo.com/us-army-vet-fought-al-qaeda-syria-feds-234807543--abc-news-topstories.html

Basically, a US Army veteran traveled to Syria via Turkey and fought alongside the rebel movement there, trying to remove current President Bashad al-Assad from power (to be clear, the US supports the rebels and wishes to see Assad fall). The issue here is, some of the rebels he fought alongside included members of al-Nusra (al-Qaeda). Upon his return home, Harroun was arrested for... conspiring to use a WEAPON OF MASS DESTRUCTION.

Wait, what?

That's right, the feds are claiming Harroun employed a WMD on the battlefield in Syria. And guess what that WMD was? An RPG.

A goddamn RPG.

I have mixed feelings on this situation as a whole. On the one hand, US citizens have the right to travel to other countries and fight for causes they sympathize with, and, apart from war crimes, can't (or shouldn't) be prosecuted for their actions upon return home. But on the other hand, this guy did fight knowingly with al-Qaeda and sounds like a nut. So there is a fine line here of which I'm not yet sure how I feel or what I agree with.

But one thing is clear to me. You don't charge this guy with using a fucking WMD because he "conspired" to fire an RPG. That's bullshit. If you feel the need to arrest him, call it for what it is. He fought with terrorists and the feds jimmies are rustled over it, and quite possibly rightfully so. But the following...


The criminal complaint against Harroun says federal officials believe they have probable cause to believe Harroun "conspired to use a weapon of mass destruction," meaning the RPG.

...is bullshit.

Harroun will very likely spend life in prison.

[GoSlash27]

The Feds have been abusing this loophole for a while now, but I think they tried too hard with this one.

The law:

"(2) the term “weapon of mass destruction” means—
(A) any destructive device as defined in section 921 of this title;
(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); or
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and
(3) the term “property” includes all real and personal property. "

A "destructive device" is
"(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. "


This glaring loophole not only destroys the definition of a "WMD", but has been repeatedly abused by prosecutors over the years. The more rational Republicans have attempted to get this loophole stricken, but have been thwarted by the majority "big government" types that dominate both parties.