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United States v. Jayyousi
United States Court of Appeals for the Eleventh Circuit
657 F.3d 1085 (2011)
Jose Padilla, Kifah Jayyousi, and three other men (defendants) were charged with (1) conspiring in the United States to murder, kidnap, or maim people overseas; (2) conspiring to provide material support or resources that the men knew would be used to further a terrorist conspiracy to murder, kidnap, or maim people overseas; and (3) actually providing material support and resources that the men knew would be used to further a terrorist conspiracy to murder, kidnap, or maim people overseas. At trial, the prosecution (plaintiff) presented evidence that all five men had conspired to send money, recruits, and equipment to training camps operated by al-Qaeda. Al-Qaeda was an Islamic group known for using violence—including murdering, kidnapping, and maiming people overseas—in order to further the group’s preferred version of Islamic governance in certain areas. For instance, evidence was presented that the men intended to send Padilla to one of the training camps and that Padilla had taken actions toward that goal, such as submitting a coded camp application. In addition, evidence was presented that Jayyousi had engaged in communications, including receiving a fax from Osama bin Laden, about obtaining supplies to support the group’s armed conflicts, such as sending satellite phones and encrypted radios to al-Qaeda fighters in Chechnya. Padilla and Jayyousi were convicted of all three charges and appealed to the Eleventh Circuit.
Rule of Law
Holding and Reasoning (Dubina, C.J.)
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