United States v. Charles Emmanuel

After the U.S. ratified the Convention Against Torture, Congress passed the Torture Convention Implementation Act, criminalizing torture committed outside the U.S. by U.S. nationals or by anyone later found within the U.S. Charles Emmanuel (defendant), son of former Liberian President Charles Taylor, was arrested entering the U.S. on a fraudulently obtained passport and later indicted for torture allegedly committed in Liberia between 1999 and 2003. Using authority derived from his father, Emmanuel allegedly directed Liberian police units and conspired to torture an individual -- including forcing the victim to hold scalding water and shocking him -- to extract information about groups opposing his father's government. Emmanuel moved to dismiss the indictment, arguing Congress lacked power to enact the statute and that it was unconstitutionally vague.