If all goes as planned, I will be in the Red Courtroom tomorrow morning in the Lewis F. Powell, Jr. Courthouse to see oral arguments in United States v. Abdi Dire. The appeal will focus on various issues arising out of the prosecution of Somali pirates for their attack on the U.S.S. Nicholas. (News accounts of the prosecution here and here.)
Last spring, I attended arguments in the appeal arising out of the prosecution for a pirate attack on the U.S.S. Ashland. The panel ran into some procedural issues that prevented it from reaching the central question about the scope of the piracy prohibition. I believe the Fourth Circuit is still holding that appeal, presumably pending the disposition of the appeal being argued tomorrow.
(For an earlier discussion of the two cases, see this post by David Glazier at Opinio Juris.)
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