Minn. men awaiting ISIS trial argue for 'combatant immunity'
Four of five men awaiting trial for allegedly trying to join ISIS have argued to dismiss conspiracy murder charges under "combatant immunity" laws.
Attorneys for Hamza Ahmed, Adnan Farah, Guled Omar and Abdirahman Daud, are asking a federal judge to drop conspiracy to murder outside of the United States charges.
A court hearing on this matter is scheduled for next week. The four men along with a fifth man, Mohamed Farah, are set to go to trial May 9.
In a motion filed this week in federal court, attorneys argue the men should receive immunity under international and common laws.
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Combatant status grants immunity from prosecution to armed forces of "belligerents in an armed conflict" at least until or unless they "actually engage in unlawful combat."
"The government's confirmation of its murder theory underlines the importance of granting defendants the benefit of combatant immunity," according to court documents. "As alleged putative fighters in an army engaged in an international armed conflicts, the defendants are entitled to combatant immunity under common and international law."
Federal prosecutors have charged a total of 10 Minnesota men in plotting to join ISIS. Three have pleaded guilty and one is currently fighting in Syria.
The 10th man, Abdirizak Warsame, was arrested and charged with providing material support to a foreign terrorist organization in December.