And the evidence embodied in his picking a government target doesn't factor into it? I think it does. McVeigh was known for political thinking, however warped and mishandled and misconceived -- too weird for the militia, remember? -- and his motivation so far as we can determine was entirely political. He wanted to blow up lots of U.S. government in order to accomplish some, um, change of behavior on its part. Politics by disreputable means?
As you said, ". . .political motivation or attempt to intimidate or coerce." I'd count a large explosion as intimidating, particularly so if it's downtown. And would it necessarily have to be thought out in any organized or complete fashion before the guy starts building his car bomb or dragging his footlocker full of guns and ammo to the top of that Texas tower?
Trying him for mass murder simply indicates that we don't have or take political prisoners in our system. This will likely also be pointed out in the upcoming KSM-et-alia trial if that attempt to try POW's ever gets going. I don't see the good in that, except perhaps the negative result of showing an entire generation that the law-enforcement paradigm should not substitute for the war-fighting paradigm.
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Wanna stop school shootings? End Gun-Free Zones, of course.
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