United States v. Zazi (E.D.N.Y. Sep. 24, 2009)

*United States v. Zazi (E.D.N.Y. Sep. 24, 2009)

Najibullah Zazi, who was arrested earlier this week on charges of making false statements to the FBI, has now been indicted in New York on a single count of conspiracy to use weapons of mass destruction (note: the WMD statute encompasses ordinary explosives) to attack persons or property in the US, in violation of 18 USC 2332a(a)(2).  I have not seen the indictment yet, but here is the relevant content of the press release:

United States v. Zazi (D. Col.); legislative proposal to add new mens rea element to the 1996 material support statute

1.. United States v. Zazi (D.Col.)

In a story that has received a significant amount of media attention over the past few days, FBI agents in Colorado have arrested Najibullah Zazi (a lawful permanent resident hailing from Afghanistan) and his father, Mohammed Wali Zazi (a naturalized US citizen originally from Afghanistan), while FBI agents in New York have arrested Ahmad Wais Afzali (a lawful permanent resident hailing from Afghanistan).  The men are charged with making false statements to the FBI in violation of 18 USC 1001(a)(2). Ordinarily that offense is punishable by a maximum sentence of five years, but the maximum is eight years where, as may be the case here, the false statement relates to an offense amounting to “international terrorism” as defined in 18 USC 2331(1).