The defendant is charged with various offenses related to his attempted bombing of Flight 253. These offenses require the government to prove numerous elements, including: that the defendant possessed a destructive device (Count Two, 18 U.S.C. § 924(c), and Count Six, 18 U.S.C. § 924(c)); that the defendant used and attempted to use a destructive device (Count Four, 18 U.S.C. § 924(c), and Count Seven, 18 U.S.C. § 2332a(a)(2)); that the defendant placed a destructive device onboard Flight 253 and in doing so likely endangered the safety of the aircraft (Count Five, 18 U.S.C. § 32(a)(2)); that the defendant attempted to murder other individuals -4- 2:10-cr-20005-NGE-DAS Doc # 90 Filed 09/09/11 Pg 4 of 12 Pg ID 516 (Count Three, 18 U.S.C. § 1113); and that the defendant attempted to destroy or wreck the aircraft (Count Eight, 18 U.S.C. § 32(a)(8)). The law defines “destructive device” to mean “any explosive . . . bomb.”

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 Flight 253; and 18 U.S.C. §§ 924(c)(1)(A) and 924(c)(1)(B)(ii) and 924(c)(1)(C)(ii), First Superseding Indictment Counts Two, Four, and Six, each having as an element that defendant knowingly used, carried, or possessed a destructive device during and in relation to or in furtherance of a crime of violence. The expert will testify that martyrdom is an accepted and understood method by which individuals seek to carry out such violent acts, and thus is directly relevant to the intent requirement as to each offense charged.

to a Civil Aircraft which was Used and Operated in Interstate, Overseas an~ Foreign Mr Commerce, which was Likely to have Endangered the Safety of Such Aifcraft, ~ viollation o~ 18 V.S.C. §32(a)(2) (Count Five); Possession of a Firearm/Destru~tive Qevice lin Furtherance of a Crime of Violence, in violation of 18 V.S..C. §§ 924(c)(I>CjA), 9~4(c)(1)(B)(ii), and 924(c)(I)(C)(ii) (Count Six); Attempted Use of a Weapon lof Mass Destruction, in violation of 18 V.S.C. §2332a(a)(2) (Count Seven); andl Willful A~pt to Destroy and Wreck a Civil Aircraft, in violation of 18 U.S.C. §§ 32(ai(8) and 32(a}(I) (Co$t Eight). 2.