Posted on 01/04/2005 4:27:48 PM PST by Las Vegas Dave
NEWARK, N.J. - Federal authorities Tuesday used the Patriot Act to charge a man with pointing a laser beam at an airplane overhead and temporarily blinding the pilot and co-pilot.
The FBI (news - web sites) acknowledged the incident had no connection to terrorism but called David Banach's actions "foolhardy and negligent."
Banach, 38, of Parsippany admitted to federal agents that he pointed the light beam at a jet and a helicopter over his home near Teterboro Airport last week, authorities said. Initially, he claimed his daughter aimed the device at the helicopter, they said.
He is the first person arrested after a recent rash of reports around the nation of laser beams hitting airplanes.
Banach was charged only in connection with the jet. He was accused of interfering with the operator of a mass transportation vehicle and making false statements to the FBI, and was released on $100,000 bail. He could get up to 25 years in prison and fines of up to $500,000.
(Excerpt) Read more at news.yahoo.com ...
This story omits the most important part...what part of the PATRIOT Act was used, and what was the justification?
Without that information, it is impossible to form an informed opinion about whether this is, or is not, an abuse of power.
I support the Patriot Act. But I would like to know why the feds couldn't get him using other existing laws.
Could not agree more. Furthermore, if they did not also charge him with lesser included cimes, they might not get a conviction on this one. Given the facts that he did it repeatedly, the charge of reckless endangerment or interefering with the operation of an aircraft is right. But one abhors government law enforcement agents and prsecuretors over-reaching. A little bit of this and I will become a fervent opponent of the Patriot Act.
The govt admits it was not terrorism.
The govt charges him under the anti-terror PA.
When people complained about the threat posed by the PA to the liberties of US citizens John Ashcroft ridiculed the doubters and assured citizens the PA would never be abused.
Anyone know?
Easy answer: (1) the govt always lies and (2) the PA probably is the only thing they can charge him with.
Remember the debate regarding RICO? People worried it would be used against regular folks. THe govt said it would only be used against the Mafia.
Now the US Justice Dept prosecutes anti abortion protestors with RICO.
Don't believe what I tell you. For God's sake don't believe what the govt tells you. Process what you see with your own eyes and draw your own conclusions..
Considering the possible consequences of his actions, I hope they throw the book at him. There is no "innocence" in his behavior.
You know, I understand your concern remembering as I do, under Reno and Clinton, Waco and Ruby Ridge and countless pro life demonstrators hounded to jail and bankruptcy. Scary time.
I support the Patriot Act for its ability to catch terrorists in this nation. I have no problem with getting records and email from those who would do harm. Trusting and respecting John Ashcroft as I do, I could never disagree with a law that be supported.
What I need to know is why this dangerous man ion NJ wasn't charged under another law. There must be a law/s that prohibits shooting a rocket at a jet aircraft. Or dropping a rock on the thruway in the middle of rush hour traffic...What happens if Hillary - God forbid - gets into the WH?
Thanks for clarifying...helpful.
Is this the same kind of laser anyone can get at a hardware store for construction work or as a pointer when doing a presentation?
"His photo is on the link, he is 38, should get out of prison at age 63".
He's the spittin' image of Dick Morris.
Make sure your
1. breathing apparatus is properly registered and your breathing excise tax has been paid
2. Breather's License is current and all applicable license fees have been paid
and
3. that you properly display your Breather's tattoo at all times.
He can be charged as a domestic terrorist. I've noticed a trend in the news and by the talking heads in Washington to describe things that used to be crimes as terrorism. It's the new "in" thing.
Exactly right, if I were flying and some idiot did the same thing to my pilot/co-pilot, I don't think I would have kindly thoughts about him. OFF TO PRISON IDIOT!
I don't care which code they use, the USC, Patriot Act, FAA, etc., etc., get him! As far as I'm concerned, it's a terrorist act. Period.
It probably did nothing of the sort. Lasers are also subject to the "inverse square law"; and, it wasn't much of a laser to start with. Remember, this is the same FBI that burned up the people in Waco over trumped-up charges.
Weren't there a set of laws the Hitler got passed in the 30's that allowed the Gestapo to go after anyone for anything?
From Parsippany to Chicago to Cleveland to Nashville, Banach is the guy. Bust his ass big time.
Possible side-effect of shining a highpowered laser beam at shiny objects.
Now wait a minute. Maybe the guy was using this laser to square up the foundation for his new garage and it accidentally followed the trail of an aircraft cockpit.
Right. He was performing a surgery and it went haywire!
Can something like that cause problems for aircraft or are we talking about something more high-powered?
The reporter opens the article with the interpretation that this is a result of "the patriot act". The above statement is in the body of the article. I think you would be prosecuted for the above long before 9-11. If you shot off a model rocket or flew a kite in the path of an airplane, you were open to prosecution. Lying to the FBI was always a crime.
Any pilots or lawyers reading this can either confirm or dispute the fact regarding interferring with an aircraft.
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