nationalsecuritylaw United States v. Salad (E.D. Va. Mar. 10, 2011) (piracy indictment)

* United States v. Salad (E.D. Va. Mar. 10, 2011) (piracy indictment in the recent case in which several US citizens were killed)

The indictment is attached, and excerpts from the press release appear below:

NORFOLK, Va. – A federal grand jury in the Eastern District of Virginia has indicted 13 Somalis and one Yemeni with pirating a yacht and taking hostage four U.S. citizens, who were ultimately killed before their release could be secured.

The indictment was returned on March 8, 2011, and remained sealed until the defendants made their initial appearances before a magistrate judge in Norfolk.

According to a three-count indictment, 14 alleged pirates boarded an American sailing vessel named the Quest on Feb. 18, 2011, and held four U.S. citizens hostage for five days. The U.S. military negotiated with the alleged pirates to attempt to free the hostages. As the military continued its negotiations, at least one of the alleged pirates on board the Quest fired an RPG at a U.S. Navy ship, the USS Sterett. That same day – without provocation – at least three of the men on the Quest allegedly intentionally shot and killed the four hostages before their release could be secured.

Following the shooting of the hostages, the Somalis on the high seas were taken into custody by the U.S. military. The indictment states that the alleged pirates possessed an RPG and several AK-47 and FAL assault rifles and that the defendants threw overboard additional weapons prior to being taken into custody.

All 14 men were charged with piracy, which carries a mandatory penalty of life in prison. In addition, the indictment also charges them with conspiracy to commit kidnapping, which carries a maximum penalty of life in prison, and the use of a destructive device during a crime of violence. The latter charge carries a mandatory minimum of 30 years in prison and a maximum of life in prison, which would run consecutive to all other charges.

Salad et al_indictment.pdf

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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