Now, this latest excuse suggests that if possessing a peanut butter sandwich was illegal he would have been arrested.
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In 2018 Daoud pleaded guilty and was sentenced in 2019 to 16 years. Since then, he has been trying to get out of prison, claiming that since he was put up with a fake bomb built by the FBI, there was no real crime.
In the latest self-written filing from Daoud, he states that, "If Congress said possessing a PB and J sandwich was a crime, what would this this look like? Peanut butter would be defined, jelly would be defined, sandwich would be defined, possession, etc and then the facts of the FBI's case would have to fit the accusation.We saw Daoud eating a PB and J sandwich. It was a slice of bread with peanut butter on top!!"
The old adage is that prosecutors could go to a grand jury and indict a ham sandwich. What about a peanut butter and jelly sandwich?
"It's very colorful language here to try to make his case about a peanut butter and jelly sandwich," said ABC7 legal analyst Gil Soffer. "But his arguments just don't have any way. In essence, what he was saying was I can't be convicted of attempting to blow something up. Use a weapon of mass destruction if it wasn't a real bomb. Well, that's just not true. We know there's sting operations every day, coming from the FBI, his office and elsewhere. They're perfectly legal. It doesn't have to be a real bomb."
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Judge Matthew Kennelly ruled against the sandwich defense, denying his motion to throw out the original guilty plea based on a chunky argument spread thin and without merit.
"At some point a judge will say enough is enough and not entertain any more filings and pleadings," Soffer said.
Daoud's colorful case has included his claims that the US government is run by lizard people and so-called cosmic aliens. He once even called the judge on his case a reptilian overlord. His federal appeal has resulted in a resentencing, now set for February 21.