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United States v. Bin Laden

United States District Court for the Southern District of New York
92 F. Supp. 2d 189 (2000)


Facts

Congress passed numerous statutes meant to combat acts of terrorism, both domestic and abroad. Some of these include 18 U.S.C. § 844, dealing with damage to United States property through use of explosives, 18 U.S.C. §§ 1332 and 2332a, dealing with conspiracy to kill U.S. citizens using weapons of mass destruction, and 18 U.S.C. § 930(c), which relates to attacks on federal buildings. Fifteen foreign nationals, including Mohamed Sadeek Odeh, Mohamed Rashed Daoud al-‘Owhali, and Khalfan Khamis Mohamed (defendants), were charged with various terrorism-related offenses based on those statutes. In addition, the defendants were charged with crimes related to the August 1998 bombings of the U.S. Embassies in Africa. Odeh moved for dismissal of various counts of the indictment, arguing that the statutes were not meant to operate outside of the United States, or that if they were, Congress exceeded its authority in drafting the statutes to operate extraterritorially.

Rule of Law

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Issue

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Holding and Reasoning (Sand, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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