[20180726]LSB10178_轰炸未遂对商业的影响微乎其微.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Only Minimal Impact on Commerce Needed for Attempted Bombing July 26, 2018 The United States Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently held in United States v. Suarez that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. The decision seems to reflect a growing willingness of federal appellate courts to read broadly Congresss Commerce Clause powers. Facts: Harlem Suarez, the defendant in the case, established a Facebook page on which he posted ISIS (Islamic State of Iraq and al-al-Sham) propaganda, recruited others, and sought bomb-making instructions. FBI informants befriended Suarez, helped him create an ISIS recruiting video, and agreed to make a bomb for him. Suarez supplied the FBI informants, one of whom he believed to be an ISIS representative, with some of ingredients for his bomb two boxes of nails, a backpack, and a cellphone. He said he intended to detonate the device on a crowded beach using a cellphone. The FBI arrested Suarez after the informant handed him an inopera