See, e.g., Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801(c) (2000) (defining international terrorism as activities that “involve violent acts or acts dangerous to human life…” and “appear to be intended to intimidate or coerce a civilian population” or the Government); USA PATRIOT Act, 18 U.S.C. § 2331 (5) (West Supp. 2003) (defining domestic terrorism identically); 18 U.S.C. § 2332b (defining the crime of international terrorism to require violence or substantial risk of serious bodily injury); The Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (2002) (defining terrorism to require activity “dangerous to human life or potentially destructive of critical infrastructure or key resources”). Case: 1:14-cr-00390 Document #: 63 Filed: 11/06/14 Page 22 of 35 PageID #:176 23

Included among these predicate offense is “any act that is indictable under any provision listed in section 2332b (g)(5)(B).” 18 U.S.C. § 2332b enumerates certain acts that it defines as “Federal crime[s] of terrorism,” including violations of 18 U.S.C. § 1030, the Computer Fraud and Abuse Act. 18 U.S.C. § 1030(a)(5)(A) prohibits anyone from “knowingly caus[ing] the transmission of a program, information, code, or command, and as a result of such conduct, intentionally caus[ing] damage without authorization, to a protected computer.”

under section 157 of this title [18 USCS § 157]), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act [21 USCS § 802]), punishable under any law of the United States, (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is indictable under the Immigration and Nationality Act, section 274 [8 USCS § 1324] (relating to bringing in and harboring certain aliens), section 277 [8 USCS § 1327] (relating to aiding or assisting certain aliens to enter the United States), or section 278 [8 USCS § 1328] (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)].” 18 U.S.C. § 1961(1).

/ DEFENDANT'S MOTION TO STmg JUROR NUMBER 144 FOR CAUSE COMES NOW standby/advisory counsel, ANTHONJY T.I CHAMBERS, for UMAR FAROUK ABDULMUT~LA$Defendant ("Defendant ABDULMUTALLAB"), and moves this Honorable Court fct an order striking juror number 144 for cause. Defendant ABDULMUT ALLAB fiI~ a supporting Brief and further states: That Defendant ABDULMUT ALLAB is charged with tnuItiple counts under the1 First Superseding Indictment: Conspiracy to Commit at} Act or Terrorism Transcending National Boundaries, in violation of 18 U.S.C. §§ 2332b(a)(I) and 2332b(a)(2) (Count One); Possession of a FirearmlDestructive Device in Furtherance of ~ Crime of Violence, in violation of 18 V.S.C. §§ 924(c)(I)(A), 924(c)(I)(B*ii), ~ 924(c)(I)(C)(ii) (Count Two); Attempted Murder within the Special Aircraft JurisdiC!i'1n of the United States, in violation of 18 V.S.C. §1113 and 49 V.S.C. §46506 (C9unt ~); Use and Carrying of a FirearmlDestructive Device During and in Relation to ~ Crim~ ofV1iolence, in violation of 18 V.S.C. §§ 924(c)(I)(A), 924(c)(I)(B)(ii), and! 924(c)(I)(C~(ii) (Count Four); 2:10-cr-20005-NGE-DAS Doc # 106 Filed 10/05/11 Pg 1 of 8 Pg ID 623 Willfully Placing a Destructive Device in, Upon and ~ Pro~ty!

Yet, as to each count in the indictment, the jury will have to decide whether the defendant acted with intent to commit violent acts on persons and property. See 18 U.S.C. §§ 2332b(a)(1) and 2332b(a)(2), First Superseding Indictment Count One, having as an element that defendant engaged in conduct which included attempting to kill others on board Flight 253; 18 U.S.C. § 1113, First Superseding Indictment Count Three, having as an element that defendant engaged in conduct which included attempting to kill others on board Flight 253; 18 U.S.C. § 32(a)(2), First Superseding Indictment Count Five, having as an element that defendant wilfully engaged in conduct which was likely to have endangered the safety of Flight 253; 18 U.S.C. § 2332a(a)(2), First Superseding Indictment Count Seven, having as an element that defendant knowingly used and attempted to use a weapon of mass destruction against persons and property within the United States; 18 U.S.C. §§32(a)(8) and 32(a)(1), First Superseding Indictment Count Eight, having as an element that defendant wilfully -6- 2:10-cr-20005-NGE-DAS Doc # 89 Filed 09/09/11 Pg 8 of 18 Pg ID 502 sought to destroy and wreck Fligh

As the fire burned in the defendant’s lap and seating area, passengers and flight attendants reacted by putting out the fire with extinguishers and subduing the defendant. 2:10-cr-20005-NGE-DAS Doc # 90 Filed 09/09/11 Pg 1 of 12 Pg ID 513 On December 15, 2010, the defendant was charged in a superseding indictment with one count of conspiracy to commit an act of terrorism transcending national boundaries, in violation of 18 U.S.C. § 2332b(a)(1) and (2), one count of attempted murder, in violation of 18 U.S.C. § 1113, one count of willfully placing a destructive device in proximity to a civil aircraft, in violation of 18 U.S.C. § 32(a)(2), one count of attempted use of a weapon of mass destruction, in violation of 18 U.S.C. § 2332a(a)(2), one count of willfully attempting to destroy and wreck a civil aircraft, in violation of 18 U.S.C. § 32(a)(1) and (8), and three counts of possessing or using a destructive device in furtherance of or during a crime of violence, in violation of 18 U.S.C. § 924(c). On January 26, 2011, a news media report stated: Detroit lawyer Anthony Chambers, told reporters Tuesday he will argue that the materials found in Abdulmutallab’s underwear could not have destroyed Northwest Flight 253.

At the end of the interview, once they received the public safety information, the agents turned their attention to immediately sharing the information with law enforcement and intelligence agencies worldwide. Defendant has been indicted on numerous terrorism charges, including Conspiracy to Commit an Act of Terrorism Transcending National Boundaries, in violation of 18 U.S.C. §§ 2332b(a)(1) and 2332b(a)(2); Attempted Murder, in violation of 18 U.S.C. § 1113 and 49 U.S.C. § 46506; and Attempted Use of a Weapon of Mass Destruction, in violation of 18 U.S.C. § 2332a(a)(2). ARGUMENT A. DEFENDANT’S STATEMENT TO FBI AGENTS WAS VOLUNTARY 1.

That Defendant ABDULMUTALLAB is charged with several serious offenses. Some of which include attempted use of a Weapon of Mass Destruction, 18 U.S.C. § 2332a(a)(2), and Conspiracy to Commit an Act of Terrorism Transcending National Borders, 18 U.S.C. §§ 2332b(a)(1) and 2332b(a)(2). 2.

That Defendant ABDULMUTALLAB is charged with several serious offenses. Some of which include attempted use of a Weapon of Mass Destruction, 18 U.S.C. § 2332a(a)(2), and Conspiracy to Commit an Act of Terrorism Transcending National Borders, 18 U.S.C. §§ 2332b(a)(1) and 2332b(a)(2). 2.

_____________________/ MOTION FOR DISCOVERY/RELEASE OF PRIOR COUNSEL’S FILE INCLUDING EXPERT REPORTS NOW COMES, the Defendant UMAR FAROUK ABDULMUTALLAB, (herein “Defendant ABDULMUTALLAB”), along with stand-by counsel Anthony T. Chambers, and moves this Honorable Court to issue an Order requiring the Federal Defenders Office to release their complete file to stand-by counsel Anthony T. Chambers and his staff. In support of said Motion, Defendant further states as follows: 1) That Defendant ABDULMUTALLAB is charged with a multiple count indictment with various offenses including Conspiracy to Commit an Act of Terrorism Transcending National Boundaries, Possession of a Firearm/Destructive Device in Furtherance of a Crime of Violence, Attempted Murder within the Special Aircraft Jurisdiction of the United States, Use and Carrying of a Firearm/Destructive Device During and in Relation to a Crime of Violence, Attempted use of a Weapon of Mass Destruction in violation of 18 U.S.C. §§ 2332b(a)(1) & 2332b(a)(2), 18 U.S.C. §§ 924(c)(1)(A) & 924(c)(1)(B)(ii) & 924(c)(1)(C)(ii), 18 U.S.C. § 1113, 49 U.S.C. § 46506 and 18 U.S.C. §2332a(a)(2). Case 2:10-cr-20005-NGE-DAS Document 31 Filed 01/10/11 Page 1 of 5 2 2) That Defendant was previously represented by a team of attorneys from the Federal Defenders Office. 3) That the file of the Federal Defenders Office, containing information which is essential and critical to the defense of the case must be turned over to protect the constitutional rights of Defendant ABDULMUTALLAB. 4) That counsel herein has reason to believe that the file contains expert witnesses information which was developed to present a defense. 5) That counsel herein further believes that the file contains expert information which disputes the governments allegations and furthermore, that the alleged attempt to “destroy an aircraft” was impossible! 6) That Defendant respectfully requests that the complete file from the Federal Defenders Offic