United States v. Walli

2013 WL 1838159 (2013)

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United States v. Walli

United States District Court for the Eastern District of Tennessee
2013 WL 1838159 (2013)

KL

Facts

Michael Walli (defendant) and two others believed that the production and deployment of nuclear weapons violated international law. One night, they entered a national-security complex that produced and stored enriched uranium and other nuclear-weapon components and splashed human blood on the building, hammered and painted on the walls, and hung banners. A security guard spotted them, and they were arrested. All three were indicted on various federal charges, including willful injury of a national-defense premise with intent to harm the national defense. Walli wanted to argue the necessity defense at trial, claiming that the use or accidental detonation of nuclear weapons could cause death and his actions were necessary to prevent it. The United States moved to preclude Walli from asserting the necessity defense at trial, arguing that Walli failed to show (1) that there was an imminent threat of harm or death due to nuclear weapons or accidental detonation, or (2) that there was no reasonable, legal alternative to breaking into and damaging federal property.

Rule of Law

Issue

Holding and Reasoning (Thapar, J.)

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