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by
Bryan Preston

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April 22, 2013 - 11:24 am

Earlier today the Justice Department unsealed charges against Dzhokhar Tsarnaev, 19. He was charged in the US District Court for Massachusetts, for “one count of using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device or IED) against persons and property within the United States resulting in death, and one count of malicious destruction of property by means of an explosive device resulting in death.

Three people died in last week’s explosions, and more than 200 were injured.

Dzhokhar Tsarnaev became a US citizen on September 11, 2012. His citizenship, according to White House spokesman Jay Carney, is the reason that he will not be treated as an enemy combatant and tried in military court. He could face the death penalty if convicted.

It’s still not known whether the Tsarnaev brothers had any help in carrying out their attack, or were part of any larger terrorist cell.

Update: Legal Insurrection has posted the full complaint against Tsarnaev.

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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All Comments   (5)
All Comments   (5)
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So, he's a friendly combatant?
51 weeks ago
51 weeks ago Link To Comment
So the term WMD has officially jumped the shark then, huh?

If a simple pressure cooker bomb hardly more complicated than a pipe bomb counts then the terms is meaningless.
51 weeks ago
51 weeks ago Link To Comment
Since he's an American citizen, he CANNOT be an "enemy combatant".

But that means that he's a traitor.

Section. 3. Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

I don't think there's any doubt about this being the appropriate charge.
51 weeks ago
51 weeks ago Link To Comment
No, they're criminals. A murderer is a traitor, just a murderer.
51 weeks ago
51 weeks ago Link To Comment
Probably the right call. Nice bit of grandstanding by Carney. What the hell did the White House have to do with it?

I don't see any advantage in making the kid an enemy combatant. He's not a high-value member of any organization (that we know of), so his intelligence value is probably minimal. No need for enhanced interrogation. And he doesn't belong with the hard cases at Guantanamo - they would probably just radicalize him more than he already is.
51 weeks ago
51 weeks ago Link To Comment
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