Pirate Fail Leads to Dismissal of Charges
by IPT News • Aug 18, 2010 at 1:02 pm
http://www.investigativeproject.org/2113/pirate-fail-leads-to-dismissal-of-charges
If at first you don't succeed in an act of piracy, don't worry, because you won't be held accountable. That, according to a federal judge who has dismissed piracy charges against six Somali nationals who were accused of attacking a Navy ship off the coast of Africa on April 10.
The men were charged with opening fire on the U.S.S. Ashland, a warship that supports amphibious operations. The six men, and a group of five other Somalis captured after allegedly firing on another U.S. warship, were brought to Norfolk, Virginia, where they were charged with the attacks. Commenting on the arrests at the time, U.S. Attorney Neil MacBride explained:
"since the earliest days of this country, piracy has been a serious crime…privacy threatens human lives and disrupts international commerce. When pirates attack U.S. vessels by force, they must face severe consequences."
Following their arrest, all of the men pled not guilty and were awaiting a trial which was expected to begin in September. But during pre-trial proceedings, Judge Jackson dismissed the piracy charges, concluding that the U.S. government had failed to make a reasonable case that the men's actions amounted to piracy.
Explaining his reasoning, U.S. District Judge Raymond Jackson stated:
"the court finds that the government has failed to establish that any unauthorized acts of violence or aggression committed on the high seas constitutes piracy as defined by the law of nations."
To be held criminal liable for piracy under the court's ruling, the attack must succeed. Since the Somali pirates in this case were wildly unsuccessful, charges of piracy were improper in the eyes of the court.
The men still face seven other charges related to the attack. If convicted, they could face up to 35 years in prison.
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Reader comments on this item
Legally it was "attempted piracy", NOT piracy.
Dec 25, 2010 21:08
unfortunately, they were charged with PIRACY, and not ATTEMPTED piracy, which are two different things --- had they been charged on the "attempted" cause, it is highly doubtful the judge would have dismissed, because that is precisely what they did, but did NOT fullfill the legal description of PIRACY !
bad mistake by prosecution actually !
He is just following the leader
Submitted by Spike, Aug 21, 2010 23:47
I wonder if the judges decision would have been different if his son was as one of the ones being shot at on th ship...
Guns, planes and bombs arn't what will destroy this nation, our own selffessness and stupidity is all that it's taking. Just look what our President is doing..
God Bless You......................Spike
To be this stupid...
Submitted by Old Bull, Aug 21, 2010 14:57
One has to go to law school! And these are the "philosopher-kings" that the Dems want to put in charge of our lives! Actually, it is our own fault--we have allowed judges to assume this exalted status by according them unquestioning deference. "We the people" have fashioned the knot and happily placed it around our own necks....Sad, but true!
Question for the judge
Submitted by SDN, Aug 21, 2010 11:37
Does that mean that if somone shoots at you they haven't committed attempted murder? What a moron.
Not piracy - Then what?
Submitted by Frank, Aug 18, 2010 18:49
OK, the judge didn't want to call it piracy. But they shot at us, did they not?
Does that not count for anything done wrong?