Murder not a 'crime of violence,' Brooklyn federal judge rules in terrorism case

Brooklyn Federal Court Judge Brian Cogan dismissed two charges in an international terrorism prosecution after ruling that federal first-degree murder is not necessarily a 'crime of violence.' Cogan reasoned that the federal first-degree murder statute covers unintentional and accidental killings, so murder can be committed without the use of force. The ruling relied on the categorical approach, which assesses whether a statute necessarily involves force rather than the specific facts of a case. As a result, counts alleging brandishing and causing death by firearm during a crime of violence were dismissed. Defense and legal commentators noted that if a statute can be satisfied by nonviolent conduct, it fails the 'crime of violence' test.

"Murder is not a crime of violence - at least not as a matter of federal law, a Brooklyn judge has ruled as he dismissed two charges in a possible death penalty case against a terrorism suspect. Brooklyn Federal Court Judge Brian Cogan made the head-scratcher of a pre-trial ruling Feb. 6 in an international terrorism case where the suspect is accused of planning a brutal November 2015 assault rifle"

"In a 22-page decision that references murder cases dating back to the 16th century, Cogan acknowledged the "absurdity" of his ruling but pointed out that because the federal first-degree murder statute allows for unintentional and accidental killings, murder can't strictly be categorized as an act of violence. It's not just a matter of semantics. The distinction means two of the six charges against accused terrorist Fawaz Ould Ahmed Ould Ahemeid, brandishing and discharging a"

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