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The Material Support of Hillary Clinton and Tarek Mehanna

18 USC 2339(A) and 18 USC 2339(B) proscribe the material support of terrorism and designated foreign terrorist organizations. In short, it is the “material support” law:

the term “material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;

During oral argument on the now seminal defining case as to the astounding reach of this statute, Holder v. HLP, now Supreme Court Justice Elena Kagan argued, as Solicitor General, that even humanitarian lawyers could be charged and convicted under the wide ranging provisions:

JUSTICE KENNEDY: Do you stick with the argument made below that it’s unlawful to file an amicus brief?

GENERAL KAGAN: Justice Kennedy —

JUSTICE KENNEDY: I think I’m right in saying it that that was the argument below.

GENERAL KAGAN: Yes, I think that would be a service. In other words, not an amicus brief just to make sure that we understand each other. The Petitioners can file amicus briefs in a case that might involve the PKK or the LTTE for themselves, but to the extent that a lawyer drafts an amicus brief for the PKK or for the LTTE, that that’s the amicus party, then that indeed would be prohibited.

Kagan argued for an interpretation so broad that even the filing of an amicus brief would be violative of the material support prohibitions and the Supreme Court so held.

So, surely, the DOJ is going to heed the words and intent of the right honorable Justice Kagan over this report then, right?

The Iraqi government has promised to shutter Camp Ashraf — the home of the Iranian dissident group Mujahedeen e-Khalq (MEK) — by Dec. 31. Now, the United Nations and the State Department are scrambling to move the MEK to another location inside Iraq, which just may be a former U.S. military base.

The saga puts the United Nations and President Barack Obama’s administration in the middle of a struggle between the Iraqi government, a new and fragile ally, and the MEK, a persecuted group that is also on the State Department’s list of foreign terrorist organizations.

The Marxist-Islamist group, which was formed in 1965, was used by Saddam Hussein to attack the Iranian government during the Iran-Iraq war of the 1980s, and has been implicated in the deaths of U.S. military personnel and civilians. The new Iraqi government has been trying to evict them from Camp Ashraf since the United States toppled Saddam in 2003. The U.S. military guarded the outside of the camp until handing over external security to the Iraqis in 2009. The Iraqi Army has since tried twice to enter Camp Ashraf, resulting in bloody clashes with the MEK both times. (emphasis added)

Well, no, there will be no prosecution for aiding and abetting these terrorists. Now, in all Read more

IAEA Iran Report Fallout Continues: France Leads Militancy, MEK Rumors, Iran Reconsiders Cooperation

Reaction to the leaked IAEA report on Iran’s nuclear technology continues.  In a remarkable article in the New York Times that reads more like an Op-Ed (h/t MadDog), we see the writer urging the US to join the more militant posturing coming from . . .France. [It appears that the world has now completely inverted from the days of Freedom Fries in 2003.]  In addition, the New York Times has joined in repeating the whispers that some sort of Mossad-MEK operation was involved in the blast in Iran that killed the head of their missile development program. Also, Iran is discussing changing the extent to which it cooperates with the IAEA. International intrigue surrounding Iran also is enhanced with conflicting reports on the cause of death of Ahmed Rezaei in Dubai. Rezaei is the son of  Mohsen Rezaei, who previously served as head of the Revolutionary Guards, ran for President of Iran and now heads the Expediency Council.  Dubai has termed the death a suicide but most Iranian sources are labeling it suspicious.

The Op-Ed piece in the New York Times masquerading as a news article is penned by John Vinocur who is based in Paris for the Times’ sister publication the International Herald Tribune.  Vinocur opens with a slap at US leadership:

If the Obama administration wants to lead from behind in imposing sanctions to halt Iran’s nuclear weapon drive, it shouldn’t look for France to play the convenient associate.

That’s not the way the French would describe their role in the world. Rather, the fact is that France, in many respects, led the United States into battle in Libya and provided much of the willpower leading to a victory over the Qaddafi regime that is shared by the Americans, British and others.

Vinocur then misrepresents the findings of the IAEA report, stating flatly that “the Iranians now have enough fuel on hand to produce four nuclear weapons”, leaving out the key piece of information that this fuel has not yet been enriched to weapons grade and that there is no evidence or even any suggestion that Iran is engaging in enrichment to weapons grade. Read more

More New York Republicans Providing Material Support to Terrorists

Speaking of material support for terrorism, David Cole uses the recent trip by Rudy Giuliani and others to suck up to the Mujaheddin-e Khalq (MEK) as an opportunity to explain the idiocy of the Holder versus Humanitarian Law Project SCOTUS verdict.

DID former Attorney General Michael Mukasey, former New York Mayor Rudolph Giuliani, Tom Ridge, a former homeland security secretary, and Frances Townsend, a former national security adviser, all commit a federal crime last month in Paris when they spoke in support of the Mujahedeen Khalq at a conference organized by the Iranian opposition group’s advocates? Free speech, right? Not necessarily.

The problem is that the United States government has labeled the Mujahedeen Khalq a “foreign terrorist organization,” making it a crime to provide it, directly or indirectly, with any material support. And, according to the Justice Department under Mr. Mukasey himself, as well as under the current attorney general, Eric Holder, material support includes not only cash and other tangible aid, but also speech coordinated with a “foreign terrorist organization” for its benefit. It is therefore a felony, the government has argued, to file an amicus brief on behalf of a “terrorist” group, to engage in public advocacy to challenge a group’s “terrorist” designation or even to encourage peaceful avenues for redress of grievances.

[snip]

But in June, the Supreme Court ruled against us, stating that all such speech could be prohibited, because it might indirectly support the group’s terrorist activity. Chief Justice John Roberts reasoned that a terrorist group might use human rights advocacy training to file harassing claims, that it might use peacemaking assistance as a cover while re-arming itself, and that such speech could contribute to the group’s “legitimacy,” and thus increase its ability to obtain support elsewhere that could be turned to terrorist ends.

Cole goes on to note the hypocrisy of the government, which has given exceptions for humanitarian purposes to corporations seeking to sell cigarettes, even while arguing NGOs cannot provide food and water.

Mind you, I’m actually with Cole: Rudy and Mukasey and Fran Fragos Townsend and Tom Ridge ought to be able to go make speeches sucking up to Iran’s version of Ahmad Chalabi (oops! I forgot that Chalabi was Iran’s!), a bunch of liars who have invented intelligence to try to justify war with Iran. That’s what Republicans do, after all: promote hucksters who can justify the next war.

But it’s really time for either some consistency in the way the government pursues its war on terror violent extremism, or an admission that the war on terror has disintegrated into a war on those who oppose US empire. The government is still investigating a bunch of peace activists for material support. And yet four prominent Republicans can offer the same kind of material support as the peace activists–but this time in service of war or US hegemony or oil–with no similar consequences?