Motions to Dismiss Denied in Hamidullin Terrorism Case

Judge Henry Hudson issued his order in this Lindh-esque terrorism prosecution on Monday. Its essence is to deny two motions to dismiss by Hamidullin, a former Soviet military officer and later allegedly a member of the Haqqani Network---the latter being, as the court put it, "a Taliban-affiliated group of militants operating in Afghanistan." In summary, the United States alleges that in 2009, Hamidullin planned and helped execute attacks on a base in Afghanistan manned by Coalition personnel (apparently Afghan police), and later fired on Afghan and U.S. soldiers, too.

In the ruling, Hudson rejects the defendant's claim of immunity from prosecution, given his status as a lawful combatant taking part in armed conflict; along with his claim that federal prosecution under the circumstances violates due process.