United States v. al-Maliki

Iraq native al-Maliki became a United States citizen, but visited his children, ages 12 and three, in Syria. He was charged under 18 U.S.C. 2423(c) and (e), which at the time, punished any U.S. citizen who traveled in foreign commerce, and engaged in any illicit sexual conduct, which included noncommercial sexual acts with a minor, or any attempts to do the same. Al-Maliki denied all of the charges, and a trial began. A court-ordered psychological evaluation, deemed al-Maliki “manipulative and dishonest” and assessed his “risk for future sexual acting out” as “moderate to high.” He was convicted. The Sixth Circuit affirmed, characterizing his challenge to the statute as exceeding Congress’s authority under the Foreign Commerce Clause, a “close call.” The court applied plain error review and found the law not “obviously” unconstitutional. View "United States v. al-Maliki" on Justia Law