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

"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"

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.

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