A Pakistani court has convicted five U.S. citizens of plotting terrorist attacks in Pakistan and against U.S. troops in Afghanistan. They sought to join the Taliban and should be classified as seeking to join a foreign military. Federal statutes long in force prohibit certain aspects of foreign military service originating within the United States.
Shouldn’t the Taliban be considered “foreign military service?”
The current laws are set forth in Section 958-960 of Title 18 of the United States Code. In Wiborg v. U.S. , 163 U.S. 632 (1896), the Supreme Court endorsed a lower court ruling that it was not a crime under U.S. law for an individual to go abroad for the purpose of enlisting in a foreign army; however, when someone has been recruited or hired in the United States, a violation may have occurred. The prosecution of persons who have violated 18 U.S.C. 958-960 is the responsibility of the Department of Justice.
Further confirmation of the necessity to establish the citizen’s intent to relinquish nationality before expatriation will result came in the opinion in Vance v. Terrazas, 444 U.S. 252 (1980). The Court stated that “expatriation depends on the will of the citizen rather than on the will of Congress and its assessment of his conduct.” The Court also indicated that a person’s intention to relinquish U.S. citizenship may be shown by statements or actions.
It is a surprise to me that no one in the government or the news media has raised the question concerning the actions of people who leave the U.S. to voluntarily serve as a soldier or an enemy combatant in organizations like Al Qaeda or the Taliban.
Have these five and many others forfeited their right to U.S. citizenship?
