Providing material support for terrorism

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In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code, sections 2339A and 2339B. It applies primarily to groups designated as terrorists by the State Department. The four types of support described are "training," "expert advice or assistance," "service," and "personnel."

Contents

In June 2010, the United States Supreme Court upheld the law in an as-applied challenge in the case Holder v. Humanitarian Law Project , but also left open the door for other as-applied challenges. [1] The defendants in the case had sought to help the Kurdistan Workers' Party in Turkey and the Liberation Tigers of Tamil Eelam learn means of peacefully resolving conflicts. [2] [3]

Criticism

The material support provisions have been criticized by rights groups as violating the First Amendment, as they criminalize activities like the distribution of literature, engaging in political advocacy, participating in peace conferences, training in human rights advocacy, and donating money and humanitarian assistance, even when the support is intended only to promote lawful and non-violent activities. [4] The provisions are vague and wide-ranging, and impose guilt by association by punishing people not for their own acts but for the acts of those they have supported. [4] The Secretary of State's power to designate groups as terrorist has also been criticized as being too broad, giving the Executive too much discretionary power to label groups as "terrorist" and criminalize their supporters. [4] The American Civil Liberties Union note that: "Federal 'material support' and conspiracy statutes allow the government to secure convictions without having to show that any specific act of terrorism has taken place, or is being planned, or even that a defendant intended to further terrorism." [5]

David D. Cole, in his book Terrorism and the Constitution, stated that:

... after lying virtually dormant for its first six years of existence, the material support law has since 9/11 become the Justice Department's most popular charge in antiterrorism cases. The allure is easy to see: convictions under the law require no proof that the defendant engaged in terrorism, aided or abetted terrorism, or conspired to commit terrorism. But what makes the law attractive to prosecutors—its sweeping ambit—is precisely what makes it so dangerous to civil liberties. [6]

Professor Jeanne Theoharis describes the measures in equally critical terms:

Material support laws are the black box of domestic terrorism prosecutions, a shape-shifting space into which all sorts of constitutionally protected activities can be thrown and classified as suspect, if not criminal. Their vagueness is key. They criminalize guilt by association and often use political and religious beliefs to demonstrate intent and state of mind. [7]

US Senator Patrick Leahy sent a letter to Attorney General Eric Holder and Secretary of State Hillary Clinton regarding humanitarian relief in Somalia in 2011. "I have long urged reform of our laws governing so-called material support for terrorism. The current law is so broad as to be unworkable. Aid workers trying to provide relief to starving Somalis fear they could be prosecuted if some of it were to end up in the hands of al-Shabaab, an al-Qaeda affiliate that controls parts of Somalia. And so while the situation in Somalia grows more desperate each day, with children dying needlessly, the delivery of food and medicines is hampered, first by al-Shabaab, which is denying access to broad swaths of Somali territory, and secondly, by our overly restrictive laws. The Secretary of State has the power to grant exemptions where the purpose is not to engage in terrorist activity. She should use that authority immediately to ensure aid can reach as many Somalis as possible." [8]

Implementation

The following people have been charged or convicted of providing material support for terrorism under this law.

In September 2010, the Federal Bureau of Investigation raided activists in Minneapolis and Chicago, seizing computers, cell phones and files and issuing subpoenas to some targeted individuals to appear before a federal grand jury. The FBI agents were seeking evidence of ties to foreign terrorist organizations, including the Revolutionary Armed Forces of Colombia and the Popular Front for the Liberation of Palestine. [18] [19] Attorneys linked the raids to the Holder v. Humanitarian Law Project decision. [20] [21]

in January 2016, social networking service Twitter was sued by the widow of a U.S. man killed in the Amman shooting attack, claiming that allowing ISIL to use the platform constituted material support of a terrorist organization. [22] The lawsuit was dismissed under Section 230 of the Communications Decency Act, which dictates that the operators of an interactive computer service are not liable for content published on the service by others. [23]

During the Syrian Civil War a naturalized U.S. citizen of Bosnian origin joined ISIL and died while fighting. In 2015, six Bosnian residents of the U.S. were charged with providing material support for terrorism. [24] [25] The six sent funds ranging from $150 to $1,850, and also "U.S. military uniforms, tactical clothes and gear, combat boots, military surplus supplies and other items from businesses in St. Louis" in August 2013. [26] [27]

Related Research Articles

The FBI Most Wanted Terrorists is a list created and first released on October 10, 2001, with the authority of United States President George W. Bush, following the September 11 attacks (9/11 incident). Initially, the list contained 22 of the top suspected terrorists chosen by the FBI, all of whom had earlier been indicted for acts of terrorism between 1985 and 1998. None of the 22 had been captured by US or other authorities by that date. Of the 22, only Osama Bin Laden was by then already listed on the FBI Ten Most Wanted Fugitives list.

<span class="mw-page-title-main">Buffalo Six</span> American citizens accused of aiding terrorism

The Lackawanna Six is a group of six Yemeni-American friends who pled guilty to charges of providing material support to al-Qaeda in December 2003, based on their having attended an al-Qaeda training camp in Afghanistan together in the Spring of 2001. The suspects were facing likely convictions with steeper sentences under the "material support law".

The Benevolence International Foundation, was a purported nonprofit charitable trust based in Saudi Arabia. It was determined to be a front for terrorist group Al-Qaeda and was banned by the United Nations Security Council Committee 1267 and the US Department of the Treasury in November 2002. The BIF's chief executive officer Enaam Arnaout began a ten-year sentence in 2003 after pleading guilty for racketeering in a U.S. federal court.

al-Haramain Foundation

Al-Haramain Islamic Foundation (AHIF) was a charity foundation, based in Saudi Arabia. Under various names it had branches in Afghanistan, Albania, Bangladesh, Bosnia, Comoros, Ethiopia, India, Kenya, Malaysia, the Netherlands, Nigeria, Pakistan, Somalia, Tanzania, and the United States, and "at its height" raised between $40 and $50 million a year in contributions worldwide. While most of the foundation's funds went to feed poor Muslims around the world, a small percentage went to Al-Qaeda, and that money was "a major source of funds" for the terrorist group. In 2003, Saudi authorities ordered Al-Haramain to shut down all overseas branches, and by 2004 Saudi authorities had dissolved Al-Haramain. However, US intelligence officials believed it had reopened branches under new names.

<span class="mw-page-title-main">Adnan Gulshair el Shukrijumah</span> Al-Qaeda member

Adnan Gulshair el Shukrijumah was a citizen of Saudi Arabia and a senior member of Al-Qaeda. He was born in Saudi Arabia and grew up in the United States.

Iyman Faris is a Pakistani citizen who served for months as a double agent for the FBI before pleading guilty in May 2003 of providing material support to Al Qaeda. A United States citizen since 1999, he had worked as a truck driver and lived in Columbus, Ohio. As of September 2003, Faris was the "only confessed al Qaeda sleeper caught on U.S. soil." In 2003 he was sentenced to 20 years in prison for providing material support to Al-Qaeda. In February 2020 an American federal court revoked Faris' US citizenship. In August 2020, he was released from a federal prison in Illinois.

<span class="mw-page-title-main">Jaber A. Elbaneh</span> Yemeni-American terrorist

Jaber A. Elbaneh, also known as Gabr al-Bana is a Yemeni-American who was labeled a suspected terrorist by the United States after it emerged that he had attended the Al Farouq training camp alongside the Lackawanna Six, and remained on at the camp after they returned home. He fled to Yemen, where he worked as a cab driver before turning himself in to authorities.

<span class="mw-page-title-main">Habis Abdulla al Saoub</span>

Habis Abdulla al Saoub, a.k.a. Abu Tarek, was a Jordanian national and member of the Portland Seven, and later a member of an al Qaeda cell. In February 2003, he was added to the FBI Seeking Information - War on Terrorism list, wanted in connection with a federal grand jury indictment returned on October 3, 2002, in United States District Court for the District of Oregon at Portland, Oregon, in which he was charged with conspiracy to levy war against the United States, conspiracy to provide material support and resources to al-Qaeda, conspiracy to contribute services to al-Qaeda and the Taliban, and possessing firearms in furtherance of crimes of violence. The FBI offered a five million dollar reward for his capture.

<span class="mw-page-title-main">Saleh Ali Saleh Nabhan</span> Member of al-Qaeda

Saleh Ali Saleh Nabhan also known as Abu Yusuf, was an operative of al-Qaeda in Somalia. He was listed on the FBI's third major "wanted" list, the FBI Seeking Information – War on Terrorism list, for his association with multiple attacks in Kenya in 2002, as well as his possible involvement in the 1998 United States embassy bombings, in which over 250 people lost their lives.

Daniel Maldonado, also known as his adopted Muslim name Daniel Aljughaifi, is a U.S. citizen who in February 2007 became the first to face charges in federal court for training with Al-Shabaab, a terrorist organization in Somalia.

<span class="mw-page-title-main">War on terror</span> Military campaign following 9/11 attacks

The war on terror, officially the Global War on Terrorism (GWOT), is a global counterterrorist military campaign initiated by the United States following the September 11 attacks of 2001, and is the most recent global conflict spanning multiple wars. Some researchers and political scientists have argued that it replaced the Cold War.

Born in Mogadishu, Somalia Mohammed Abdullah Warsame is a Canadian citizen who was arrested in 2003 by American police (FBI) in Minneapolis who accused him of attending an Afghan training camp and fighting alongside Taliban forces in the country, and charged him with conspiring to provide support to terrorists.

<span class="mw-page-title-main">Terrorism in the United States</span>

In the United States, a common definition of terrorism is the systematic or threatened use of violence in order to create a general climate of fear to intimidate a population or government and thereby effect political, religious, or ideological change. This article serves as a list and a compilation of acts of terrorism, attempts to commit acts of terrorism, and other such items which pertain to terrorist activities which are engaged in by non-state actors or spies who are acting in the interests of state actors or persons who are acting without the approval of foreign governments within the domestic borders of the United States.

Bryant Neal Vinas is an American convicted of participating in and supporting al-Qaeda plots in Afghanistan and the U.S.

<span class="mw-page-title-main">Najibullah Zazi</span> Afghan member of Al-Qaeda (born 1985)

Najibullah Zazi is an Afghan-American who was arrested in September 2009 as part of the U.S. al Qaeda group accused of planning suicide bombings on the New York City Subway system, and who pleaded guilty as have two other defendants. U.S. prosecutors said Saleh al-Somali, al-Qaeda's head of external operations, and Rashid Rauf, an al-Qaeda operative, ordered the attack. Both were later killed in drone attacks.

On June 5, 2010, in a covert American anti-terrorism operation named "Operation Arabian Knight", two American citizens Mohamed Mahmood Alessa and Carlos "Omar" Eduardo Almonte, New Jersey residents, were arrested at Kennedy International Airport in New York City. The men were in the process of boarding booked, separate flights to Egypt. According to the affidavit filed in support of the federal criminal complaint, they planned to travel to Somalia to join Al-Shabab, an Al Qaeda-linked terrorist group recruiting foreigners for its civil war. They intended to join them in killing American troops in Somalia, although few Americans are stationed there. The two men were charged with conspiring to kill, maim, and kidnap people outside the U.S.

Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), was a case decided in June 2010 by the Supreme Court of the United States regarding the Patriot Act's prohibition on providing material support to foreign terrorist organizations. The case, petitioned by United States Attorney General Eric Holder, represents one of only two times in First Amendment jurisprudence that a restriction on political speech has overcome strict scrutiny. The other is Williams-Yulee v. Florida Bar.

Ahmed Abdulkadir Warsame is a Somali prisoner of the United States. He is said to have described himself as a coordinator between the Somali Al-Shabab and Al-Qaeda in the Arabian Peninsula, and is under indictment in federal district court in New York City.

Qatar has been accused of allowing terror financiers to operate within its borders, which has been one of the justifications for the Qatar diplomatic crisis that started in 2017 and ended in 2021. In 2014, David S. Cohen, then United States Under Secretary of the Treasury for Terrorism and Financial Intelligence, accused Qatari authorities of allowing financiers who were on international blacklists to live freely in the country: "There are U.S.- and UN-designated terrorist financiers in Qatar that have not been acted against under Qatari law." Accusations come from a wide variety of sources including intelligence reports, government officials, and journalists.

References

  1. ↑ "08-1498 Holder v. Humanitarian Law Project (06/21/2010)" (PDF). Archived (PDF) from the original on August 28, 2017. Retrieved August 27, 2017.
  2. ↑ Adam Liptak, Court Affirms Ban on Aiding Groups Tied to Terror Archived 2017-08-28 at the Wayback Machine , The New York Times, June 21, 2010.
  3. ↑ Ruane, Kathleen Ann. The Advocacy of Terrorism on the Internet: Freedom of Speech Issues and the Material Support Statutes Archived 2016-09-28 at the Wayback Machine . Washington, DC: Congressional Research Service, September 8, 2016.
  4. 1 2 3 "Factsheet: Material Support | Center for Constitutional Rights". Archived from the original on June 30, 2014. Retrieved July 16, 2014.
  5. ↑ "A call to courage" (PDF). Archived (PDF) from the original on August 6, 2014. Retrieved July 16, 2014.
  6. ↑ David Cole and James X. Dempsey (2006) Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security (New Press)
  7. ↑ Theoharis, Jeanne (March 1, 2010). "U.S. citizen's solitary confinement raises serious questions". Progressive.org. Archived from the original on March 4, 2016. Retrieved August 27, 2017.
  8. ↑ "Press Release | Press Releases | Press | U.S. Senator Patrick Leahy of Vermont". Leahy.senate.gov. September 27, 2012. Archived from the original on December 11, 2016. Retrieved August 27, 2017.
  9. ↑ "US court tosses Australian's Guantanamo conviction". 7 News. February 19, 2015. Archived from the original on February 24, 2015.
  10. ↑ "Attorney who helped terrorist gets 10 years in prison". New York Post. July 15, 2010. Retrieved December 3, 2010.
  11. ↑ Tran, Mark (June 5, 2007). "Profile: Salim Ahmed Hamdan". The Guardian. London. Retrieved August 1, 2007.
  12. ↑ "Minneapolis Man Pleads Guilty to Conspiracy to Provide Material Support to al Qaeda". Federal Bureau of Investigation. May 20, 2009. Archived from the original on May 23, 2009. According to the plea agreement, from about March 2000 through at least December 2003, Warsame conspired with others to provide material support to al Qaeda in the form of personnel, training, and currency. Specifically, in March 2000, Warsame traveled to Afghanistan where he attended an al Qaeda training camp outside Kabul. In the summer of 2000, he then traveled to the al Faruq training camp, where he received further training and met Osama Bin Laden. Warsame subsequently worked at an al Qaeda guesthouse and clinic.
  13. ↑ "Minneapolis Man Sentenced for Conspiracy to Provide Material Support to al Qaeda". Federal Bureau of Investigation. July 9, 2009. Archived from the original on August 15, 2009.
  14. ↑ Tarm, Michael; Sophia Tareen (January 24, 2013). "American Mumbai Plotter Sentenced to 35 Years". ABC News. Associated Press. Archived from the original on January 31, 2013. Retrieved January 24, 2013.
  15. ↑ Sweeney, Annie (January 24, 2013). "Chicago man gets 35 years in Mumbai terror attack". Chicago Tribune . Archived from the original on January 24, 2013. Retrieved January 24, 2013.
  16. ↑ "David Headley has no right to live: relative of 26/11 US victims". Press Trust of India appearing on NDTV.com. January 24, 2013. Archived from the original on January 25, 2013. Retrieved January 24, 2013.
  17. ↑ Translating Terrorism: Is publishing radical Islamic texts on the Internet a crime? Archived 2014-09-04 at the Wayback Machine By Mark Joseph Stern, Slate, Sept. 3, 2014
  18. ↑ Colin Moynihan, F.B.I. Searches Antiwar Activists' Homes Archived 2017-02-25 at the Wayback Machine , New York Times , September 24, 2010
  19. ↑ Search warrant Archived 2010-10-08 at the Wayback Machine and subpoena Archived 2010-10-08 at the Wayback Machine (Indymedia)
  20. ↑ Sheila Regan, FBI raids activist homes in Minneapolis, Chicago Archived 2011-01-19 at the Wayback Machine , Twin Cities Daily Planet, September 24, 2010.
  21. ↑ Activists to Protest Recent FBI Raids on Anti-War Members Archived 2010-09-30 at the Wayback Machine , Associated Press, September 24, 2010.
  22. ↑ "Lawsuit Blames Twitter for ISIS Terrorist Attack". Wall Street Journal. Archived from the original on January 17, 2016. Retrieved January 16, 2016.
  23. ↑ "Twitter is not legally responsible for the rise of ISIS, rules California district court". The Verge. Vox Media. August 10, 2016. Archived from the original on August 10, 2016. Retrieved August 11, 2016.
  24. ↑ "Feds lodge terror charges against six". USA Today. Archived from the original on July 15, 2018. Retrieved January 31, 2019.
  25. ↑ "Abdullah Ramo Pazara". November 13, 2015. Archived from the original on September 30, 2017. Retrieved January 31, 2019.
  26. ↑ Masunaga, Samantha (February 8, 2015). "6 Bosnian immigrants indicted in alleged overseas terror financing ring". Archived from the original on September 30, 2017. Retrieved January 31, 2019– via LA Times.
  27. ↑ Goudie, Chuck (July 21, 2017). "Suburban mom claims 'combatant immunity' in terror case". ABC 7. Archived from the original on December 6, 2018. Retrieved January 31, 2019.
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