Barry, an American citizen, has been living in Iran for the last 10 years. While in Iran, Barry joined a terrorist organization and has been plotting to attack a geographic location within the United States. The plans have been confiscated, and Barry is detained. What crime has Barry committed? Does the United States have jurisdiction over Barry’s offense? Why or why not? If you were Barry’s defense attorney, could you argue combat immunity? Why or why not?
What will be an ideal response?
Barry has committed terrorism. In particular, Barry committed terrorism transcending national boundaries. Due to extraterritorial jurisdiction, the United States will be able to prosecute Barry for his crimes even though the plans were made outside of the United States. Barry may only argue for combat immunity if his acts were lawful. However, in this case, his act of plotting to attack the United States was not lawful.
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