Saturday, January 9, 2010

Nigerian Bomber Umar Farouk AbdulMutallab Pleads Not Guilty In 6-Count Charges


Umar Farouk AbdulMutallab, the Nigerian charged with trying to blow up a Northwest Airlines plane on December 25, pleaded not guilty on Friday to six federal charges.

AbdulMutallab was arraigned in a Michigan federal courtroom Friday afternoon.

The court hearing came a day after President Barack Obama released a report on the incident that said officials had “sufficient information” to have foiled the failed attack that but a variety of errors kept investigators from uncovering the plot.

AbdulMutallab faces a federal indictment issued Wednesday, including an attempt to murder the other 289 people aboard.

The seven-page indictment charges AbdulMutallab with attempted use of a weapon of mass destruction; attempted murder within the special aircraft jurisdiction of the United States; willful attempt to destroy and wreck an aircraft within the special aircraft jurisdiction of the United States; willfully placing a destructive device in, upon and in proximity to an aircraft within the special aircraft jurisdiction of the United States; and two counts of possession of a firearm/destructive in furtherance of a crime of violence.

If convicted, the 23-year-old Nigerian national faces a sentence of life in prison.

The indictment said AbdulMutallab boarded Northwest Airlines Flight 253 in Amsterdam, Netherlands, on December 25, carrying a bomb concealed in his clothing and designed to be detonated “at a time of his choosing.”

Authorities say the bomb components included Pentaerythritol (also known as PETN, a high explosive), as well as Triacetone Triperoxide (also known as TATP, a high explosive) and other ingredients.

The indictment said that just before the jet landed at Detroit Metropolitan Airport in Michigan, “AbdulMutallab detonated the bomb, causing a fire on board flight 253.”

He was subdued and restrained by the passengers and flight crew. The airplane landed shortly thereafter, and he was taken into custody by U.S. Customs and Border Protection officers.

AbdulMutallab required medical treatment and was transported to the University of Michigan Medical Center in Ann Arbor after the plane landed.

Explosives expert, Sydney Alford, said AbdulMutallab probably used a liquid contained in a syringe to mix with a chemical he was carrying to create a fire, which was intended to ignite the TATP. That, in turn, was to detonate the PETN. But the TATP did not ignite as planned, he speculated.

TATP has been cited in several terrorism cases. Najibullah Zazi, the 24-year-old Afghan citizen and U.S. resident who was arrested in September and accused of planning to carry out terrorist acts in the United States, was allegedly trying to make TATP in his motel room in Denver, Colorado.

A new indictment against Richard Reid specifies that the convicted shoe bomber also used TATP.

Judge Nancy Edmunds is assigned to the AbdulMutallab case and will preside over court proceedings, said Gina Balaya, spokeswoman for the U.S. Attorney, Eastern District, Michigan.

The case was presented Wednesday to the grand jury, which determined probable cause to indict.

Though arraignments are typically held by a magistrate judge, Edmunds may decide, based on the special circumstances and high-profile security related to the AbdulMutallab case, to handle the matter herself, Balaya said. Edmunds is expected to decide on details for the arraignment and AbdulMutallab’s detention, Balaya said.

Attorney General, Eric Holder, said the investigation “has already yielded valuable intelligence that we will follow wherever it leads.”

“The attempted murder of 289 innocent people merits the most serious charges available, and that’s what we have charged in this indictment,” said Attorney, Barbara L. McQuade, U.S. attorney for the Eastern District of Michigan, who is in her first week on the job.
COUNT ONE
(18 U.S.C. § 2332a(a)(2) - ATTEMPTED USE OF A WEAPON OF MASS DESTRUCTION)

D-1 UMAR FAROUK ABDULMUTALLAB

1. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25,2009, Defendant Umar Farouk Abdulmutallab, without lawful authority, knowingly used and attempted to use a weapon of mass destrustion, that is, the Bomb, against a person within the United States, that is, the passengers and crew of Flight 253, and against property within the United States, that is the aircraft used for Flight 253. Defendant Abdulmutallab used a facility of interstate and foreign commerce in furtherance of the offence; Defendant Abdulmutallab traveled in interstate and foreign commerce in furtherance of the offence; the aircraft used for Flight 253 was used in interstate and foreign commerce; and the results of the offence affected interstate and foreign commerce and would have affected interstate and foreign commerce.

In violation of Section 2332a(a)(2) of Title 18, United States Code.

COUNT TWO
(18 U.S.c. § 1113,49 US.C. § 46506 - ATTEMPTED MURDER WITHIN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES)
D-I UMAR FAROUK ABDULMUTALLAB

I. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25, 2009, within the special aircraft jurisdiction of the United States, Defendant Umar Farouk Abdulmutallab attempted to murder 289 individuals, that is, the remaining passengers and crew of Flight 253, by detonating the Bomb.

In violation of Section 1113 of Title 18, United States Code, and Section 46506 of Title 49, United States Code.

COUNT THREE

(18 U.S.C. §§ 32(a)(8) and 32(a)(I) - WILLFUL ATTEMPT TO DESTROY AND WRECK AN AIRCRAFT WITHIN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES)
D-l UMAR FAROUK ABDULMUTALLAB

I. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25, 2009, in the special aircraft jurisdiction of the United States, Defendant Umar Farouk Abdulmutallab attempted to willfully destroy and wreck an aircraft, that is, Flight 253, which was within the special aircraft jurisdiction of the United States.

In violation of Sections 32(a)(8) and 32(a)(1) of Title 18, United States Code.
COUNT FOUR
(18 U.S.C. § 32(a)(2) - WILLFULLY PLACING A DESTRUCTIVE DEVICE IN, UPON AND IN PROXIMITY TO AN AIRCRAFT WITHIN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES, WHICH WAS LIKELY TO ENDANGER THE SAFETY OF SUCH AIRCRAFT)
D-I UMAR FAROUK ABDULMUTALLAB

1. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25, 2009, Defendant Umar Farouk Abdulmutallab willfully placed a destructive device, that is, the Bomb, in, upon, and in proximity to an aircraft, that is, the aircraft used for Flight 253, which was in the special aircraft jurisdiction of the United States. The act of placing the Bomb was likely to endanger the safety of Flight 253.

In violation of Section 32(a)(2) of Title 18, United States Code.

COUNT FIVE

(18 U.S.C. §§ 924(c)(1)(A) and 924(c)(1)(B)(ii) - POSSESSION OF A FIREARM/DESTRUCTlVE IN FURTHERANCE OF A CRIME OF VIOLENCE)

1. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25, 2009, Defendant Umar Farouk Abdulmutallab, knowingly used and carried a firearm, that is, the Bomb, which firearm also constituted a destructive device, during and in relation to one or more crimes of violence for which he may be prosecuted in a court of the United States, that is, (A) Attempted use of a weapon of mass destruction, as alleged in Count One of this Indictment; (B) Attempted murder, as alleged in Count Two of this Indictment; (C) Willful attempt to wreck and destroy an aircraft within the special aircraft jurisdiction of the United States, as alleged in Count Three of this Indictment; and (D) Willfully placing a destructive device in, upon and in proximity to an aircraft within the special sircraft jurisdiction of the United States, which was likely to endanger the safety of such aircraft, as alleged in Count Four of this Indictment.

In violation of Sections 924(c)(l)(A) and 924(c)(1)(B)(ii) of Title 18, United States Code.
COUNT SIX
(18 U.S.C. §§ 924(c)(1)(A) and 924(c)(I)(B)(ii)-POSSESSION OF A FIREARM/DESTRUCTIVE IN FURTHERANCE OF A CRIME OF VIOLENCE)

I. The Common Allegations are incorporated by reference as if set forth in full herein.

2. On or about December 25, 2009, Defendant Umar Farouk Abdulmutallab, knowingly possessed a firearm, that is, the Bomb, which firearm also constituted a destructive device, in furtherance of one or more crimes of violence for which he may be prosecuted in a court of the United States, that is, (A) Attempted use of a weapon of mass destruction, as alleged in Count One of this Indictment; (B) Attempted murder, as alleged in Count Two of this Indictment; (C) Willful attempt to wreck and destroy an aircraft within the special aircraft jurisdiction of the United States, as alleged in Count Three of this Indict-ment; and (D) Willfully placing a destructive device In, upon and in proximity to an aircraft within the special aircraft jurisdiction of the United States, which was likely to endanger the safety of such aircraft, as alleged in Count Four of this Indictment.

In violation of Sections 924(c)(l)(A) and 924(c)(l)(B)(ii) of Title 18, United States Code.

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