If this loophole exists it probably goes against the intention of the lawmakers and would be struck down by supreme court.
It's Common law not French/European law. The intent of the lawmakers is, in common law, more or less completely assumed to be present in the text of the law. French/European courts looks to the context the law was made in and other documents produced; common law judges mostly don't (but do look much more to precedent.)
And there is of course the problem of judges in the US being fairly strongly partisan politicised (since all power in the US is partisan politicised), so the interpretation will depend on which party has lately stuffed the supreme court.
The ruling party just needs to include a few picks from the other party to give the appearance of balance.
Bonus points: the president can then pardon the bomber.
Should be, yes. But "are"? How sure are you about that, given the last four years?