Criminal Justice & the Rule of Law Foreign Relations & International Law

Second Circuit Affirms in Arms Sale Stemming from Sting

Robert Chesney
Saturday, September 24, 2011, 10:14 PM
A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux effort by the FARC to obtain weapons for use against U.S.

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A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux effort by the FARC to obtain weapons for use against U.S. personnel.  It’s a fascinating fact pattern.  As for the issues treated in the opinion, the include the expected reviews of the sufficiency of the evidence, a rejection of a constitutional challenge to the material support statute (relying on HLP v. Holder), and rejection of the argument that 18 USC 1114 and 1117 don’t apply extraterritorially, among other things.  Nothing terribly novel, I think, but all quite interesting to read nonetheless.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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