Brimager

ORDER DENYING MOTIONS TO DISMISS THE FOREIGN . MURDER CHARGE

Defendant is charged, in count one of a second superseding indictment, with first degree foreign murder of a United States national, in violation of 18 U.S.C. § 1119 . He has filed two motions to dismiss the murder charge. The first motion, (Doc. No. 91), asserts that § 1119 has been improperly and unconstitutionally charged because, in essence, Panama has “the ability” to secure his return within the meaning of § 1119(c)(2), which disqualifies the United States from prosecuting him in this case. The second motion, (Doe. No. 92), is based upon the argument that “ § 1119 is beyond Congressional authority.” Both motions were fully briefed, and a hearing was held on August 10, 2015. For the reasons set forth below, both motions .are denied. • ; ...

BACKGROUND

According to the government, Defendant flew to Panama with Yvonne Baldelli in late September 2011. Two months later, in late November, he allegedly killed her, dismembered and disposed of her body in a remote jungle area, and undertook to cover up her disappearance. Among other things, the government alleges that Defendant used Baldelli’s e-mail and bank accounts…