🚀 go-pugleaf

>   One big issue with Art 1, S 8, C 17.....the trial was not over the
> destruction of a building but instead that of the deaths of federal
> employees.  Your welcome.

McVeigh and Nichols were charged with 3 crimes in addition to causing the 
deaths of federal employees. In the indictment (attached to this message) 
they were charged with 11 counts as follows:

Count 1 - Conspiracy to Use a Weapon of Mass Destruction
This crime consists of planning to use a weapon of mass destruction (in 
this case a bomb) and acting on such plan.

Count 2 - Use of a Weapon of Mass Destruction
This crime consists of using a weapon of mass destruction (in this case 
detonating a bomb).

Count 3 - Destruction by Explosive
This crime consists of causing damage to federal property with an 
explosive.

Counts 4-11 - First Degree Murder
This crime consists of causing the deaths of federal employees.

The jury found McVeigh guilty on 11 counts, including conspiracy to use a 
weapon of mass destruction, use of a weapon of mass destruction, 
destruction by explosive, and eight counts of first-degree murder.

The jury found Nichols guilty of conspiracy to use a weapon of mass 
destruction. He was found not guilty of destruction by explosive. He was 
also found guilty of eight counts of involuntary manslaughter in the 
deaths of eight federal employees.

To understand how U.S. Contitution Article I, Section 8, Clause 17 is 
involved in this matter we must first look at U.S. Constitution Article 
III, Section 2, Clause 3. This clause establishes that trials are to be 
held in the state were the crime was committed. It further establishes 
that when a crime is not committed in a state, congress should direct 
were the trial is to be held. Article I, Section 8, Clause 17 defines 
what places are outside the jurisdiction of state government and empowers 
congress to regulate those areas.  

The crimes of Conspiracy to Use a Weapon of Mass Destruction and Use of a 
Weapon of Mass Destruction took place beyond the grounds of the Murrah 
Federal building (unless we are to believe unfounded "conspiracy 
theories") and therefore are outside of federal jurisdiction. Please see 
my message sent 6/14/98 for more detailed discussion of this matter.  

Riddle