A bomb is exploded in a crowded shopping mall, killing 50 people and injuring hundreds of others…. A bomb is exploded in a crowded shopping mall, killing 50 people and injuring hundreds of others. A written message is received at the local police station claiming that the attack was perpetrated by Foreigners for a New United States (FNUS), an established organization that has as its purpose the “destruction of the government of the United States and its citizens who support their government.” Agents of the Federal Bureau of Investigation, working with local police, traced the message to Terry , a leader of FNUS. Terry was charged, convicted, and sentenced pursuant to the following federal statute:
i. Terrorist organization: The Attorney General, upon credible evidence that an organization has as a purpose to bring harm to the United States or its citizens, may declare such organization a terrorist organization by publishing notice of such declaration in the Federal Register.
ii. Any individual who is a member of a terrorist organization, as declared by the Attorney General in the previous section of this law, and who causes harm to person or property with the intent of (i) intimidating or coercing a civilian population; (ii) influencing the policy of a government by intimidation or coercion; or (iii) affecting the conduct of a government by mass destruction, assassination or kidnapping is guilty of terrorism, a felony.
iii. The government of the United States shall have exclusive jurisdiction to prosecute individuals for all crimes arising from acts of terrorism, as defined by this law herein.
After Terry conviction, the state where the bombing took place requested that Terry be turned over to it, where he was to be tried for murder and other offenses. The United States refused, citing section iii of the above law. Further, the United States Attorney filed a motion to have the case removed to federal court, along with an accompanying motion to dismiss the criminal action, asserting that section iii prohibits the state prosecution. Discuss the federalism issue, making the best case for both the state and federal governments. Conclude by explaining who should prevail and why.