ISIS-inspired NYC bomb suspects could face death penalty, ex-FBI agent says

A pair of ISIS-inspired suspects accused of plotting a bomb attack in New York City could face the death penalty now that federal prosecutors have taken over the case. Retired FBI supervisory agent James Gagliano outlined how prosecutors could try to turn the suspects against one another.

On Saturday, 18-year-old Emir Balat of Langhorne and 19-year-old Ibrahim Kayumi traveled from Pennsylvania to Manhattan, according to the New York Police Department. Police said they hurled explosive devices into a crowded protest outside Mayor Zohran Mamdani's home, Gracie Mansion.

"For the feds to take this case, it could potentially be a death penalty case," Gagliano said Tuesday on "America Reports."

"No one was hurt in this instance, and that's blessed because the type of explosives they used are inherently unstable, and the fact that these bombs did not detonate is a good thing."

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While an attorney for the suspects claimed the two men were "strangers" from different parts of Pennsylvania, Gagliano dismissed the "serendipity" defense as a legal tactic that could backfire.

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"I do believe this is an attorney just trying to make the best case for his client," he said.

"They'll try to separate at trial and obviously, from a law enforcement perspective, we want that because we want to get them both to turn on one another," Gagliano added.

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He argued the alleged plot underscores the need for increased border security, saying sleeper cells remain "dormant" until directed to carry out sabotage, espionage and terror attacks.

NYPD Commissioner Jessica Tisch confirmed the incident is being investigated as "ISIS-inspired terrorism" after one of the suspects allegedly wrote and signed a pledge of allegiance to the Islamic State, according to federal prosecutors.

According to prosecutors, Balat told investigators he wanted to carry out an attack bigger than the 2013 Boston Marathon bombing, which resulted in the deaths of three people.