on the high seas does not encompass the power to prosecute a drug trafficking offense that took place between two foreign nations where their arrests were not made in international waters.
The government opposes dismissal arguing that this Court has jurisdiction under Section 70502(c)(1)(E) of the MDLEA which defines "a vessel subject to the jurisdiction of the United States" to include a vessel "in the territorial waters of a foreign nation" if that nation consents to the enforcement of United States law by the United States. Second, the government contends that the MDLEA is not unconstitutional as applied here because Congress has the authority to extend United States jurisdiction into territorial waters of another country under the "law of the nations" provision of the "high seas and felonies" clausevessel without nationality; [and]
(E) a vessel in the territorial waters of a foreign nation if the nation consents to the enforcement of United States law by the United States;....
The government then offers a Certification from the United States Department of *1352 State dated January 13, 2011, which sets forth facts concerning the interdiction of defendants' vessel in Panamanian territorial waters on March 2, 2010. Moreover this Certification establishes that the Government of the United States has determined that the vessel was without nationality for purposes of 46 U.S.C. § 70502(d)(1); and that Panama by Diplomatic Note dated April 9, 2010, consented "to the enforcement of the United States law by the United States" with respect to this case as provided for in 46 U.S.C. § 70502(c)(1)(E). Thus, the