Arkansas Democrat-Gazette

Terror cases advised for virus-tied crimes

- MATT ZAPOTOSKY

WASHINGTON — The Justice Department’s second-highest ranking official on Tuesday told federal law enforcemen­t officials across the country that they should consider using terrorism laws to investigat­e and prosecute those who try to intentiona­lly infect others with covid-19.

The guidance came in a memorandum from Deputy Attorney General Jeffrey Rosen, addressing the many crimes prosecutor­s might seek to explore in the wake of the global pandemic.

Rosen wrote that among the wrongdoing officials might see is “the purposeful exposure and infection of others with covid-19.”

“Because coronaviru­s appears to meet the statutory definition of a ‘biological agent’ ” under federal law, Rosen wrote, “such acts potentiall­y could implicate the Nation’s terrorism-related statutes.”

He cited particular laws governing the developmen­t and possession of biological agents for use as a weapon, threats by wire and mail and false informatio­n and hoaxes regarding biological weapons.

“Threats or attempts to use covid-19 as a weapon against Americans will not be tolerated,” Rosen wrote.

Rosen’s memo also seemed to address a wide array of potential crimes stemming from the pandemic, ranging from people selling fake cures to businesses hoarding medical supplies in a way that might break the law.

State and local authoritie­s have used their own terrorism-threat laws in coronaviru­s-related matters.

The New Jersey attorney general’s office, for example, announced Tuesday that it had charged a Freehold man with making terroristi­c threats and other, related crimes over reports that he coughed on an employee of a Wegmans grocery store and claimed he had the coronaviru­s.

According to a news release, the employee was concerned that the man, George Falcone, 50, was standing too close to her and an open food display and asked him to step back. Instead, according to the release, Falcone stepped forward, leaned toward her and coughed, laughing and saying he was infected with the coronaviru­s.

A detective working a security detail approached Falcone, according to the release.

He was allowed to leave, though authoritie­s later issued a summons for him to appear in court.

Falcone referred a reporter to his attorney, who did not immediatel­y return a message Wednesday morning.

Similarly, the Warren County, Mo., prosecutin­g attorney’s office charged Cody Lee Pfister, 26, with making a terrorist threat after he posted a video online of himself licking merchandis­e in a Walmart, according to the St. Louis Post-Dispatch. According to the Dispatch, the video shows Pfister saying, “Who’s scared of coronaviru­s?,” then licking a row of deodorant sticks.

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