Tuesday, May 06, 2014
Extraterritoriality, criminal law, and jurisdictionality
Here is a great opinion from the Second Circuit holding that the required nexus to the United States, necessary for extraterritorial application of the federal prohibition on providing material support to foreign terrorist organizations, did not affect the trial court's subject matter jurisdiction in a criminal prosecution. Citing Morrison v. National Australia Bank, the court recognized that whether Congress did or can reach overseas conduct with a particular statute was a substantive merits that does not implicate the power of the district court to hear and decide the case. The court held that Morrison abrogated several past decisions, while recognizing that other circuits have run into similar confusion, even post-Morrison.