The Missing Charge

Faisal Shahzad is the Muslim Terrorist and Jihadi who tried to kill Americans with a carbomb in NYC's Times SquareFaisal Shahzad, a Pakistani-born naturalized American citizen decided to turn jihadi and join the ranks of Muslim terrorists who plague the Civilized World.  On Saturday, May 1, 2010 Shahzad drove a SUV loaded with improvised explosives into Times Square in NYC and tried to explode it amid the crowd of New Yorkers and tourists, which would have resulted in mass civilian casualties.

Fortunately Shahzad’s training by the Taliban in his home nation of Pakistan didn’t seem to include adequate training in such improvised munitions. The car bomb failed to detonate and within hours the FBI apprehended Faisal Shahzad.

Federal prosecutors have filed a five (5) count indictment against charges against Shahzad on Tuesday, May 4, 2010  in U.S. District Court of Southern New York: attempting to use a weapon of mass destruction, acts of terrorism transcending national boundaries, use of a destructive device in connection with criminal violence, transporting and receiving explosives, and damaging and destroying property by means of fire.

These are five very serious federal crimes. When – there’s no point in bothering with the fantasy of saying “if” – the filthy, failed jihadi terrorist is convicted he will face life in prison, mostly likely effectively without any possibility of parole.

Yet the single most applicable and important federal charge against Faisal Shahzad is sadly and conspicuously missing from the indictment. That is the charge of treason under Title 18, Part I, Chapter 115, § 2381 of the US Code.

Title 18, Part I, Chapter 115, § 2381. Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

The 30 year-old Faisal Shahzad moved from Pakistan to America 12 years ago, studied for and recieved his MBA here in America and, became a naturalized U.S. citizen in April 2009. Shahzad certainly owed allegiance to the US – in the truest sense of that word; he had a debt to America that he should have spent his life trying to pay off.

That’s apparently not how Shahzad saw things. He was seemingly more than happy to enjoy the freedoms and comforts of America but felt know loyalty to the people and nation who were gracious enough to allow him to join them. He chose instead to levy war against them, adhere to their enemies, and give those enemies aid. He chose the path of Muslim jihad.

So why hasn’t US Attorney General Eric Holder instructed the federal prosecutors in this case: Brendan McGuire, John Cronan, and Randall Jackson to include the charge of treason in the indictment? Why hasn’t President Obama instructed his boy, Holder to do so?

Both were quick to defend offering Faisal the protections under the law that even Shahzad deserved as a American citizen, but neither seems willing actually fully apply the law to him.

Trying, convicting, and executing the jihadi, Faisal Shahzad for treason would send a clear and strong message to America’s enemies, both within and without the borders of our country. I just hope that fact is not the reason why neither President Obama nor his Attorney General, Eric Holder want to do so.

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