United States v. Yunis

924 F.2d 1086 (D.C. Circuit 1991)

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Nature of the Case

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Facts

Yunis (D) and four others decided to promote the removal of Palestinians from Lebanon by hijacking a Jordanian Airlines Flight 402. Three American citizens were involved as hostages. The plane was high jacked in Beirut, refueled in Cyprus, refueled in Palermo, stopped again in Cyprus and then returned to Beirut. The plane took off for Syria but was forced back to Beirut, and there the high-jackers released the hostages, held a press conference and then blew up the plane. D was immediately fingered, and the FBI hatched a plan to bring him to justice. D was lured onto a yacht and arrested when it entered international waters. Eventually, D was flown to the U.S. and arraigned. D defended by the affirmative defense of obedience to military orders as he was only acting on orders given by the Anal Militia. D was convicted of conspiracy and hostage-taking and air piracy but not of violence against the people on board the aircraft, aircraft damage and placing a destructive device on an airplane. D appealed claiming the court lacked subject matter jurisdiction and personal jurisdiction as he was seized in violation of the Posse Comitatus Act.