Thursday, April 14, 2005

DOJ - Any Destructive Device May be a WMD

Almost any explosive device or weapon may be considered a "weapon of mass destruction" according to the Department of Justice.
The Department announced on Tuesday that three British nationals had been indicted in New York for conspiring to use weapons of mass destruction, among other charges.

At a press briefing on the indictment, an alert reporter asked Deputy Attorney General James B. Comey exactly which "weapons of mass destruction" the individuals had conspired to use. "Is there any implication in the use of that term that there was a biological or a chemical or a radiological element to the plan?" the reporter inquired.
"We have not alleged that," Mr. Comey replied. But, he added, "a weapon of mass destruction in our world goes beyond that and includes improvised explosive devices." See (thanks to S): This is an unconventional use of the term "weapon of mass destruction" that further relaxes its already expansive definition, which encompasses everything from thermonuclear explosives to willful releases of toxic chemicals.
If improvised explosive devices also count as WMD, then not only did Saddam Hussein possess abundant quantities of WMD, but two years after the U.S. invasion of Iraq, so do the Iraqi insurgents who are using them to kill American soldiers almost every day.
On closer inspection, however, Mr. Comey's all-encompassing usage appears to have a basis in statute.
According to 18 U.S.C. 2332a, which is cited in the latest indictment, a "weapon of mass destruction" includes "any destructive device." That in turn is defined in 18 U.S.C. 921 to include almost any type of weapon that is not "generally recognized as particularly suitable for sporting purposes."

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