When three suspects appear in a Chicago court Tuesday to face terrorism-related charges for allegedly plotting to hurl Molotov cocktails at President Barack Obama's campaign headquarters, it will be state prosecutors, not federal attorneys, handling the case.

Illinois was one of at least 36 states to adopt anti-terrorism laws in the weeks after the Sept. 11, 2001, attacks, in largely symbolic gestures, and most lawmakers agreed the fight was best left to the legions of U.S. government lawyers. So the decision by the Cook County State's Attorney Anita Alvarez's office to test Illinois' law for the first time against activists arrested before last month's NATO summit surprised many legal experts. Some wondered why prosecutors didn't opt for standard explosives charges and questioned why federal authorities aren't more involved.

"These are completely unchartered waters," said Phil Turner, a former federal prosecutor.