Should we let the underwear bomber go because the bomb didn’t go off? Last I checked, having a fire in your pants wasn’t illegal either. :p
I have not seen all the details, but all the other crimes seem to be those of planning. Are they being charged for thinking violent thoughts while carrying a gun? Teaching and planning (even if they are about violence) are not violent in and of themselves to justify that charge. That is, unless there is more that I have not heard. Did they sink a South Korean patrol boat?