Principally, Yunis relies on United States v. Toscanino, 500 F.2d 267 (2d Cir.1974), in which the court held that due process requires courts to divest themselves of personal jurisdiction acquired through "the government's deliberate, unnecessary and unreasonable invasion of the accused's constitutional rights." Id. at 275. Toscanino establishes, at best, only a very limited exception to the general rule (known as the "Ker-Frisbie doctrine") that "the power of a court to try a person for crime is not impaired by the fact that he had been brought within the court's jurisdiction by reason of a `forcible abduction.'" Frisbie v. Collins, 342 U.S. 519, 522, 72 S.Ct. 509, 511, 96 L.Ed. 541 (1952) (citing, inter alia, Ker v. Illinois, 119 U.S. 436, 7 1093*1093 S.Ct. 225, 30 L.Ed. 421 (1886)). Toscanino's rule has, moreover, been limited to cases of "torture, brutality, and similar outrageous conduct," United States ex rel. Lujan v. Gengler, 510 F.2d 62, 65 (2d Cir.), cert. denied, 421 U.S. 1001, 95 S.Ct. 2400, 44 L.Ed.2d 668 (1975), and the Supreme Court has since reaffirmed the Ker-Frisbie doctrine, see Immigration and Naturalization Serv. v. Lopez-Mendoza, 468 U.S. 1032, 1039, 104 S.Ct. 3479, 3483, 82 L.Ed.2d 778 (1984); United States v. Crews, 445 U.S. 463, 474, 100 S.Ct. 1244, 1251, 63 L.Ed.2d 537 (1980).
[US v. Yunis, 924 F. 2d 1086 - Court of Appeals, Dist. of Columbia Circuit 1991]