Khalid Ali-M Aldawsari, who was born in Saudi Arabia, came to the United States in 2008 on a student visa to attend South Plains College in Levelland, just outside Lubbock Texas. He is accused of trying to obtain parts and chemicals to build a bomb and to attack former President Bush.
The affidavit alleges that on Feb. 1, 2011, a chemical supplier reported to the FBI a suspicious attempted purchase of concentrated phenol by a man identifying himself as Khalid Aldawsari. According to the affidavit, phenol is a toxic chemical with legitimate uses, but can also be used to make the explosive trinitrophenol, also known as T.N.P., or picric acid. The affidavit alleges that other ingredients typically used with phenol to make picric acid, or T.N.P., are concentrated sulfuric and nitric acids.He also apparently put together a list of targets, and emailed himself details about former President Bush's home in Dallas, Texas.
Aldawsari allegedly attempted to have the phenol order shipped to a freight company so it could be held for him there, but the freight company returned the order to the supplier and called the police. Later, Aldawsari falsely told the supplier he was associated with a university and wanted the phenol for "off-campus, personal research." Frustrated by questions being asked over his phenol order, Aldawsari cancelled his order and later e-mailed himself instructions for producing phenol. The affidavit alleges that in December 2010, he successfully purchased concentrated nitric and sulfuric acids.
According to the affidavit, legally authorized electronic surveillance revealed that Aldawsari used various e-mail accounts in researching explosives and targets, and often sent emails to himself as part of this process. On Feb. 11, 2011, for instance, he allegedly e-mailed himself a recipe for picric acid, which the e-mail describes as a "military explosive." He also allegedly sent himself an e-mail on Oct. 19, 2010 that contained information on the material required for Nitro Urea, how to prepare it, and the advantages of using it.
The affidavit alleges that Aldawsari also e-mailed himself instructions on how to convert a cellular phone into a remote detonator and how to prepare a booby-trapped vehicle using items available in every home. One e-mail allegedly contained a message stating that "one operation in the land of the infidels is equal to ten operations against occupying forces in the land of the Muslims." During December 2010 and January 2011, Aldawsari allegedly purchased many other items, including a gas mask, a Hazmat suit, a soldering iron kit, glass beakers and flasks, wiring, a stun gun, clocks and a battery tester.
Searches of Aldawsari's Residence
Two legally authorized searches of Aldawsari's apartment conducted by the FBI in February 2011 indicated that the concentrated sulfuric and nitric acids; the beakers and flasks; wiring; Hazmat suit; and clocks were present in Aldawsari's residence.
It's possible that depending on how the chemicals sought were used - or used in combination with other chemicals, that the result could be a WMD.
The The federal crime for use of a WMD is here , and WMD has a specific definition under the US Code, which includes destructive devices under Sec. 921(4).
4) The term “destructive device” means—Thus, it includes items commonly referred to as WMD (nuclear, chemical, biological), or any bomb, explosive device, incendiary, or rockets, missiles, etc. that fall under the definition. It's pretty wide-ranging and inclusive (on purpose).
(A) any explosive, incendiary, or poison gas—
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.
The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684 (2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.