Re: FAA agrees with AOPA against the terrorist of Chicago for closing Meigs Field

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Bahadir Acuner wrote:

>http://www.aopa.org/whatsnew/newsitems/2004/04-1-087x.html
>http://www.aopa.org/whatsnew/newsitems/2004/04-1-087x_letter.pdf
>
Baha called Daley a terrorist in the subject line - without even knowing
how right he is.  Back when this happened last March, I perused some
sections of Federal law, and came up with the following:

Under 18USC2332b,subsection (g).5: the term "Federal crime of
terrorism'' means an offense that-- (A) is calculated to influence or
affect the conduct of government by intimidation or coercion, or to
retaliate against government conduct; and (B) is a violation of-- (i)
section 32 (relating to destruction of aircraft or aircraft facilities).

Daley, in his own press release upon the destruction included
The action came nine days after the Federal Aviation Administration and
the Department of Homeland Security approved the City's request for a
Temporary Flight Restriction that bans aircraft over the greater
downtown area.
"We are grateful to those agencies for approving the restriction, but it
is simply not enough to ensure an appropriate level of safety and
security to the people of Chicago," Daley said.
"First of all, a Temporary Flight Restriction is just that: temporary.
It could be lifted at any time, without the approval of the mayor, the
City Council or the people of Chicago.

It appears that Daley was "retaliating against government conduct," in
that the FAA only granted a temporary flight restriction instead of the
permanent one that Daley wanted. It could also be argued that Daley is
retaliating against Senator Fitzgerald for killing his deal to keep
Meigs open as long as Federal money was given to expand O'Hare instead
of building a new airport at Peotone, outside the city limits of
Chicago.  Now, for his crime. Referenced in the above paragraph is
18USC32, subsection (a).4, which says:

(a) Whoever willfully--(4) with the intent to damage, destroy, or
disable any such aircraft, sets fire to, damages, destroys, or disables
or places a destructive device or substance in, upon, or in proximity
to, any appliance or structure, ramp, landing area, property, machine,
or apparatus, or any facility or other material used, or intended to be
used, in connection with the operation, maintenance, loading, unloading
or storage of any such aircraft or any cargo carried or intended to be
carried on any such aircraft;

I think the United States Code speaks for itself here. The penalty is a
fine or up to 20 years in prison.  And how much would John Ashcroft love
to go after Richard Daley?
Matthew :)

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