David Banach indicted under USA PATRTIOT ACT

Global News Matrix ^ | March 24, 2005 | MatrixMetaphore

[MatrixMetaphore]

Apparently I am expected to spell everything out. He was looking at the stars with his daughter one night before New Years. When she went in he moved the laser to a Charter Cessna, not thinking he could actually hit it with the laser. Green lasers are made for outlining star clusters, this is one of their purposes.

When the FBI showed up he said it was his daughter. He did not see it as a huge offense, and figured nothing would happen. He was interrogated at the FBIHQ w/o an attorney and confessed it was him.

He could be charged under Title 18 for interfering with the operator of an aircraft, and providing false statements to the FBI. Rather, they are charging him under the Patriot Act, which he does not meet all of the requirements of.

[RexBeach]

Surely this schmuck can be charged with something else?

You know, reckless endangerment, contributory negligence...something other than the Patriot Act. Yes?

[freepatriot32]

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.

Yeah the patriot act will only be used against terrorist to keep americans safer.Like how they prosucuted paypal.com for allowing net gambling payments and how they charged that new york gangbanger under the patriot act and nowthis guy. and this is under republicans just wait until the dims win the white house you havent even begun to see abuse of power yet.This is all just a warm up

[gdani]

Well here is the first example of the prosecution of a citizen under a law created and allegedly reserved for terrorists.

Not true. The PATRIOT Act has been used against many people not considered "terrorists" - from breaking up a prostitution ring to people involved in child porn. Such info is easily available on the USDOJ website.

And the Act itself clearly spells out that many of the provisions (if not most) are for criminal laws as well as terrorism.

[sam_paine]

Green lasers are powerful enough to outline constellations. In fact, it's one of the reasons they are produced.

Should I be laughing with you or at you?

[MEG33]

You can keep your mouth shut, refuse to speak, remain silent.

Lying is not part of the privilege.

[MatrixMetaphore]

Yes. I've found several other charges under Title 18 of the USC, and FAA regulations, for which he could be charged. This is an overreach.

[MatrixMetaphore]

If there was intent. It's not certain there was.

[End Times Sentinel]

BTW, how on earth could one use a laser to look at the stars?

 

This one is different than what you're probably thinking of.  Rather than just appearing at the end, when it contacts a wall or something, the entire pathway of the laser is iluminated (think light saber rather than laser pointer). 

 

I was pretty impressed when I saw it and even considered getting one, but I just knew I couldn't trust myself not to wave it at planes.

Owl_Eagle

[brothers4thID]

Ok, say this poor misunderstood fellow was out in his backyard picking out constellations with his green laser. When Federal agents knocked on his door and said "Sir we've had reports of a laser emanating from your backyard which caused distress to local pilots. Do you know anything about it?", why wouldn't the perfectly innocent and misunderstood fellow say "Oh $^&*(&^! I totally did not realize that would happen I am so sorry, What can I do?"

He screwed himself by lying. I have NO sympathy.

[GSlob]

If you have enough particulates in air to make the beam visible over long distance, then there wouldn't be many stars one could see through such an air. Only the brightest ones would get through, and these are pointable without any laser.

[MatrixMetaphore]

Yes, he lied. Yes, what he did was stupid. I think he should be punished as well. But don't you think the PA is an overkill?

[MeekOneGOP]

Blog pimp bump!! :^D

[MacDorcha]

And what does it say about perjury, obstruction of justice, and three counts of that same act?

[brothers4thID]

No. He endangered the lives of the pilots, tied up federal resources that could have been investigating more serious terrorist offenses, and lied to Federal authorities. But, then, I've actually read the Patriot Act for myself, instead of relying on misinformed sensationalist propaganda to form my opinions.

[MatrixMetaphore]

Those have a max sentence of 5 years. Charge him with that too.

[MatrixMetaphore]

I've read the Patriot Act as well. He fits SOME of the requirements in my opinion. I don't think his mental state put him in the "reckless" category. I think it's reasonable to wonder if he actually thought he'd hit the plane.

Title 18 deals specifically with interfering with the operator of an aircraft, which is what he did. Patriot has different language, and if you know anything about the law, language is everything.

[MacDorcha]

So in his state, he can get 5 years for lying. 5 for obstruction, and 5 for each count of interferring with a pilot?

Then the federal aspect of it.

Sounds to me like the guy got off easy from a plea-bargain.

[MatrixMetaphore]

Actually, if I remember correctly, it's 5 total for his statements to the FBI. Interferring with the operation of a plane was a hefty fine.

[ThinkDifferent]

I would consider putting an airplane in danger of crashing to be terrorism.

I wouldn't in this case, because intent matters and there's no evidence he was trying to make the plane crash. Consider two drivers who hit pedestrians with their cars; the first was distracted and not paying attention to the road, while the second deliberately ran the guy down. We rightfully punish the second driver more severely.