Justice Department Prepares for Ominous Expansion of "Anti-Terrorism" Law Targeting Activists

by: Michael Deutsch, t r u t h o u t | News Analysis

Justice Department Prepares for Ominous Expansion of "Anti-Terrorism" Law Targeting Activists
(Photo: Ryan J. Reilly; Edited: Lance Page / t r u t h o u t)

In late September, the FBI carried out a series of raids of homes and antiwar offices of public activists in Minneapolis and Chicago. Following the raids, the Obama Justice Department subpoenaed 14 activists to a grand jury in Chicago and also subpoenaed the files of several antiwar and community organizations. In carrying out these repressive actions, the Justice Department was taking its lead from the Supreme Court's 6-3 opinion last June in Holder v. the Humanitarian Law Project, which decided that nonviolent First Amendment speech and advocacy "coordinated with" or "under the direction of" a foreign group listed by the Secretary of State as "terrorist" was a crime.

The search warrants and grand jury subpoenas make it clear that the federal prosecutors are intent on accusing public nonviolent political organizers, many of whom are affiliated with Freedom Road Socialist Organization (FRSO), of providing "material support" through their public advocacy for the Popular Front for the Liberation of Palestine (PFLP) and the Revolutionary Armed Forces of Colombia (FARC). The Secretary of State has determined that both the PLFP and the FARC "threaten US national security, foreign policy or economic interests," a finding not reviewable by the courts, and listed both groups as foreign terrorist organizations (FTO).

In 1996, Congress made it a crime - then punishable by 10 years, which was later increased to 15 years - to anyone in the US who provides "material support or resources to a foreign terrorist organization or attempts or conspires to do so." The present statute defines "material support or resources" as:

... any property, tangible or intangible, or service, including currency or monetary instruments or financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel and transportation except medicine or religious materials.

In the Humanitarian Law Project case, human rights workers wanted to teach members of the Kurdistan PKK, which seeks an independent Kurdish state, and the Liberation Tigers of Tamil Eelam (LTTE), which sought an independent state in Sri Lanka, how to use humanitarian and international law to peacefully resolve disputes and obtain relief from the United Nations and other international bodies for human rights abuses by the governments of Turkey and Sri Lanka. Both organizations were designated as FTOs by the Secretary of State in a closed hearing, in which the evidence is heard secretly.

Despite the nonviolent, peacemaking goal of the Humanitarian Law Project's speech and training, the majority of the Supreme Court nonetheless interpreted the law to make such conduct a crime. Finding a whole new exception to the First Amendment, the Court decided that any support, even if it involves nonviolent efforts towards peace, is illegal under the law since it "frees up other resources within the organization that may be put to violent ends," and also helps lend "legitimacy" to foreign terrorist groups. Writing for the majority, Chief Justice Roberts, despite the lack of any evidence, further opined that the FTO could use the human rights law to "intimidate, harass or destruct" its adversaries, and that even peace talks themselves could be used as a cover to re-arm for further attacks. Thus, the Court's opinion criminalizes efforts by independent groups to work for peace if they in any way cooperate or coordinate with designated FTOs.

The Court distinguishes what it refers to as "independent advocacy," which it finds is not prohibited by the statute, from "advocacy performed in coordination with, or at the direction of, a foreign terrorist organization," which is, for the first time, found to be a crime under the statute. The exact line demarcating where independent advocacy becomes impermissible coordination is left open and vague.

Seizing on this overbroad definition of "material support," the US government is now moving in on political groups and activists who are clearly exercising fundamental First Amendment rights by vocally opposing the government's branding of foreign liberation movements as terrorist and supporting their struggles against US-backed repressive regimes and illegal occupations.

Under the new definition of "material support," the efforts of President Jimmy Carter to monitor the elections in Lebanon and coordinate with the political parties there, including the designated FTO Hezbollah, could well be prosecuted as a crime. Similarly, the publication of op-ed articles by FTO spokesmen from Hamas or other designated groups by The New York Times or The Washington Post, or the filing of amicus briefs by human rights attorneys arguing against a group's terrorist designation or the statute itself could also now be prosecuted. Of course, the first targets of this draconian expansion of the material support law will not be a former president or the establishment media, but members of a Marxist organization who are vocal opponents of the governments of Israel and Colombia and the US policies supporting these repressive governments.

In his foreword to Nelson Mandela's recent autobiography "Conversations with Myself," President Obama wrote that "Mandela's sacrifice was so great that it called upon people everywhere to do what they could on behalf of human progress. … The first time I became politically active was during my college years, when I joined a campaign on behalf of divestment, and the effort to end apartheid in South Africa." At the time of Mr. Obama's First Amendment advocacy, Mr. Mandela and his organization the African National Congress (ANC) were denounced as terrorist by the US government. If the "material support" law had been in effect back then, Mr. Obama would have been subject to potential criminal prosecution. It is ironic - and the height of hypocrisy - that this same man who speaks with such reverence for Mr. Mandela and recalls his own support for the struggle against apartheid now allows the Justice Department under his command to criminalize similar First Amendment advocacy against Israeli apartheid and repressive foreign governments.

 

 

 

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Michael Deutsch is a lawyer with the People's Law Office in Chicago. For the past 40 years he represented political activists and victims of government repression.


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Too much concern about the

Too much concern about the outside while the inside rots:NO care for 9/11 responders!I remember telling young people NOT to go help out b/c it was dangerous--no ppe and "they will not take care of you".Ditto Macondo well blowout. So be safe and don't help your country->that is the Republican way--until we get 1-pyer healthcare! You should see the tax$$ wasted as the USGovernment caters to insurance companies on "openseason"!!



You write: "It is ironic -

You write: "It is ironic - and the height of hypocrisy - that this same man who speaks with such reverence for Mr. Mandela and recalls his own support for the struggle against apartheid now allows the Justice Department under his command to criminalize similar First Amendment advocacy against Israeli apartheid and repressive foreign governments."
It is now clear to everyone, except a few Democratic groupies, that we should never have taken anything Obama said seriously. The man a complete fraud who will work for whoever pays the most and can fund his next campaign. He was pushed into the political forefront much the same way Reagan and George W. Bush were suddenly pushed ahead of the rest by corporate interests. Politicians are just tools, after all. Of course, Obama's sponsors love the power that the 1996 legislation gives him, and they will make him use that power to further their interests.
It seems as though we are re-entering the 1920s, that period in which corporate power was strengthened after the 1917 Espionage Act was used to kill the IWW and most other counterweights to corporate power. This will not end up well, but the corporations don't care.



Obama hates the Left and all

Obama hates the Left and all that it represents. He's a neoliberal conservative nutcase with a Harvard Degree. Justice Scalia has a Harvard Degree, educated by and for right wing bigots. So the Left needs to attack this President and drag him down, get him thrown out of office. A Republican in the White House would be equivalent, perhaps even more benign, than an Obama Presidency.



Continue shopping, report

Continue shopping, report suspicious activity, and don't ask questions:

[The Secretary of State has determined that both the PLFP and the FARC "threaten US national security, foreign policy or economic interests," a finding not reviewable by the courts, ]



THE MILLION DOLLAR QUESTION

THE MILLION DOLLAR QUESTION IS...WHY ARE MUSLIMS WILLING TO SACRIFICE THEIR EXISTENCE IN WARS AGAINST AMERICA..MORON BUSH SAID IT WAS BECAUSE THEY HATE OUR FREEDOM..BUT THE 9/11 SAID THEY WERE DYING TO AVENGE THE DEATHS OF PALESTINIANS KILLED BY AMERICAS FRIENDS.. ISRAEL..AND BECAUSE OF THE SLAUGHTER OF IRAQI SOLDIERS AFTER THEY HAD ABANDONED THEIR WEAPONS AND WERE FLEEING KUWAIT..AND BECAUSE AMERICA SUPPORTS MID EAST THUGS...INSTEAD OF LAUNCHING UNWINABLE WARS..AMERICA COULD END TERRORISM BY ADDRESSING..MUSLIMS CONCERNS...DIPLOMATIC FINESSE IS THE KEY..NOT BULLHEADEDNESS..



Astonishing that Obama, as

Astonishing that Obama, as smart as he is, did not re-open the bogus 9/11 Commission and find out what really went on that day. That was one reason he was elected. Another was closing Gitmo. Another was undoing the PATRIOT Act, and the Unitary Presidency. Another was to end the illegal wars in the Mideast. Another was DADT--which really should be labelled "Don't Care, Doesn't Matter".

And now we have, along with tax breaks for the wealthiest, this foolishness by Holder. Get with the program boys. Do what you were elected to do.



Obama has lost my vote in

Obama has lost my vote in 2012, plain and simple. I keep getting emails from his online network, and I keep telling them to take me off their email list. Fool me once, shame on you. Fool me twice, shame on me.



in nothing less than latin

in nothing less than latin code script,amicus briefs is that french for "anti corpotzoo freedom fighters postdated in the past tense on a spreedsheet no less,,,to be filled in latter as ya fish yer temporary perception of direction on down the vainity of yer locally nearest fraud of a ,oo, cowardly drain,(NPT),please translate,,,=we need your BLooD or history would never live"it VVV down,the diff between horrorist and horrist is subtle indeed



I keep seeing talk about

I keep seeing talk about voting. How 20th century. It doesn't matter how you vote - can't you see that from the outcome of voting for Mr. Obama?? It doesn't matter because if the vote isn't going the pre-programmed way, it will be re-programmed dynamically. Like Ohio. Like so many places. And if a progressive slips through (unlikely after the rulings from this rat-bastard, fascist supreme court) they are corrupted so fast.... many ways to do that nowadays. We get what we deserve from 30 years of not paying attention. Most still are not.
WASF.



This law is a violation of

This law is a violation of free speech!!
This is pathedic!!

I thought we were a free country!!

Next your neighbor will turn you in for saying something about how absolutly stupid war is!!
Oops.



Just suppose Obama naively

Just suppose Obama naively stepped into this quagmire ?

What if Obama has the proverbial g u n to his head?

How could he lead the US public back to democracy, intentionally or not?

He would have to roll over and do what he is told and then some, until the Public gets Off its lazy, collective ass and reasserts their constitutionally guaranteed citizenship and demand their government act in behalf of the Public Good.

All these laws are BS - Any good Lawyer could crush them in a Court of Law.

Where are the freedom loving constitutional lawyers?

We are all adults - I want neither the Mommy or the Daddy state - I want a government formed by law.



Well, there's another way to

Well, there's another way to support your causes, and Madoff is the ultimate prototype. "Embezzle" investment money from your "clients" that will deposit it directly into the foreign state bank(s,) delivering to your cause:

"... any property, tangible or intangible, or service, including currency or monetary instruments or financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel and transportation except medicine or religious materials."

Just make sure you have tacit US gov't approval vis-a-vis regulatory shut-out from other higher up gov't agencies, like the Fed, who also supports said cause. And in this case, $60B of support goes a long way to funding a lot of extra "projects" for railways, subways, defense initiatives, and medical centers of said cause, even with your "clients" names prominently displayed in dedication to their "losses" to the Madoff ponzi scheme.



Time to declare this

Time to declare this government and it's alleged bipartisan balance illegal.

It's not about any of the isms thrown out there to keep us distracted. It's about the silliness of the institution as a means of balancing anything it is supposed to oversee.

What maintains the nation right now is the greed of a few moneyed fanatics, and the nature of their internecine struggles is what passes for statesmanship.



Who needs Republicans with

Who needs Republicans with Holder and Obama in charge?



Welcome to NAZI GERMANY. It

Welcome to NAZI GERMANY. It will only be a matter of time before they start carrying people out of their homes in the middle of the night, and no one will do a thing.



You people who keep looking

You people who keep looking to Daddy Obama to bring democracy to this country--get over it, would you? He's part of the fascist regime. You can't vote fascists out of power. They have to be removed by force. Voting is a democratic mechanism. Fascists don't do democracy. They do what they want until they're stopped by force.



@12/11/2010-15:35: The IWW

@12/11/2010-15:35: The IWW isn't dead, but in much reduced circumstances. See www.iww.org. It also has presence in the UK and Australia.



What they're trying to do is

What they're trying to do is make it so ANY organization you support that has a political bent TPTB doesn't agree with may expose you to prison time.

This, coming from the government that refuses to investigate war crimes and the biggest financial scandal in the history of the world.

The scales have tipped way too far in the fascist state direction.

IMVHO we're an inch away from anarchy. Maybe that's the only path to equilibrium.

Free Julian Assange!
Hail Bernie Sanders!



By this definition, anyone

By this definition, anyone who pays taxes to the US Government is a Terrorist.



It also appears that anyone

It also appears that anyone who contributes to either the Democratic or Republican Party could be charged as a Terrorist.



Is the same Attorney General

Is the same Attorney General Holder who refused to prosecute Black Panthers who intimated voters in Philadelphia?



No more Obama. Won't vote

No more Obama. Won't vote for him. No more Republicans either. Both parties are corporate puppets.
Hail Bernie Sanders.



Just as Government

Just as Government "intelligence" should be called
un intelligence, so should the justice dept. be named injustice dept.



1. President Eisenhower's

1. President Eisenhower's Farewell Speech says it all; warning against the increasing military power and influence in government.

2. George Washington warned against standing armies. The USA has had standing armies since WW II.

3. Since dropping the A-bomb on Hiroshima & Nagasaki, the USA has grown to become the leading state-operated terrorist power in the world.



Fascist amerika becomes more

Fascist amerika becomes more of a military police state every day ! The good news is the empire is collapsing, and its sliding faster into the abyss.



I'll tell you what, I'll

I'll tell you what, I'll believe Ahmadinejad before I believe the liars in Washington. They're just looking for an excuse for another war.



If the feds just want to

If the feds just want to rescind the declaration of independence the bill of rights and the constitution then why not just tell us and be done with it?



Now I know why Obama never

Now I know why Obama never does what he was elected for.

He gets his instructions from TelAviv.



They came first for the

They came first for the Communists,
and I didn't speak up because I wasn't a Communist.

Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.

Then they came for me
and by that time no one was left to speak up.

- Pastor Martin Niemöller (1892–1984)



Fascist Laws like this is

Fascist Laws like this is the reason for the second amendment.



There is no need for USA

There is no need for USA Congress to cheat and change the constitution to suit their stance. Are they going throw The First Amendment in the trash? What about Thomas Jefferson? Are they going to remove his name from the history?

Clearly, USA Government needs a really good plumber to help them. They need to stop blaming others for their inadequacies. In addition, there are all those war crimes that needs to be taken care off.

Leave Assange alone. Time to stop covering the real issues. Start fixing all the problems.



A person is accused of

A person is accused of terrorism, their defence attorney attempts to prove the invalidity of the accusations and is promptly arrested and convicted for providing material support to terrorism.
The basis of this law is to be able to turn any act of protest against government action into an accusation of material support of terrorism simply by the government making a supposition of connection of that protest to any terrorist organisation no matter how indirect that connection is.



I never expected President

I never expected President Obama to take the Constitution seriously when, after a couple of days in office, he authorized continuing the Bush administration's assault on our rights. My friends said, "Give him time." I thought, unfortunately he has four years to keep up the travesty. Two more years to go.

How do we find an alternative? We have to start looking now. I like Howard Dean, too, like someone commented earlier. I wonder if he would consider this?

How about Senator Bernie Sanders?



“First they came for the

“First they came for the communists, and I did not speak out - because I was not a communist.
Then they came for the socialists, and I did not speak out - because I was not a socialist.
Then they came for the trade unionists, and I did not speak out - because I was not a trade unionist. Then they came for the Jews, and I did not speak out - because I was not a Jew.
Then they came for me - and there was no one left to speak out for me.” Martin Niemoller

The circle is closing.



Holder is the same scumbag

Holder is the same scumbag that defended Chiquita Brands after it was disclosed they gave millions to narcoparamilitaries in Colombia to ´cleanse´the banana planations of union activists.

The US governernment is the largest and most lethal terrorist organization on this planet, but it actswith impunity. Basta!



Since the 'Patriot' Act went

Since the 'Patriot' Act went into effect, any group or person the govt. didn't like (or became afraid of) automatically became a 'Terrorist'.

Clearly, the govt. (i.e., the corporate oligarchs that now clearly own and run the govt.) do not like, or are afraid of, the great mass of the citizens of the U.S.

Ergo, We The People are 'Terrorists, to their way of thinking.

Perhaps We The People should get about our designated 'business'.....



Creeping back back back to

Creeping back back back to the days of McCarthy with an even less tangible 'enemy' than the 'pinkos' in our midst.

I do wonder just what exactly is at stake in this pressure to remove our freedom of speech along with the money in our pockets?

With the oil states controlling so much of the wealth in the world, I guess everyone is racing to see who can emulate them fastest and most thoroughly in autocracy and repression.



More and more people are

More and more people are finding it complimentary to be placed on an NSA watch list. When I mentioned my status as a "POI" to retired CIA analyst Ray McGovern he said, "You must be doing something right."



the answer is really so

the answer is really so simple. huge mass demonstration!
if any of you have ever read and union information
at the beginning is this simple yet more poerful
then any law they attempt to use against us,
united we stand we will win through the power
of numbers! that simple. this is going to require a gut
check for many of us and for a variety of reasons
and all legitimate. but mass demonstration when
HUGE amounts of folks protesting is going to
to lead to logistics problems to complex for these
wingnuts to solve! this requires millions of us to do the heavy lifting of restoring free speech because
truth be told it was never tolerated in america.
ask frank wilkinson great patriot and victim of
joe macarthy! if we want to get our moral and
spiritual compasses back its going to take some real
heavy lifting!



Impeach the chief justice,

Impeach the chief justice, scalia, and thomas. Not only are they clearly against our constitution, they can't even write decent rulings. They just phone it in.



BushCObamanible INJUSTICE

BushCObamanible INJUSTICE Dept. : Bring IT!



When will our military

When will our military leaders be charged under this new law for their aid and assistance to the Taliban, which is well-documented and widely reported?

The great thing about these kinds of laws is that they allow the President to preside over the American people like a King. He (and ONLY he) gets to decide who is "allowed" to speak with groups deemed to be "terrorists" (deemed by HIM, no less). He, and only he, gets to decide who to prosecute and when and for what activities. The law is not applied consistently, it is applied at the whim of one man who, in my humble opinion, holds WAY too much individual power.

It is sad that the Supreme Court is so quick to crown our leader and instill him as a monarch. So much for the separation of powers, or checks and balances.

Maybe the Supreme Court was worried that a secret cartel, acting behind closed doors on the President's whim, would deem THEM to be a terrorist group?



Please, Anonymous on 12/15

Please, Anonymous on 12/15 at 4:17 - RATS (Roberts, Alito, Scalia and Thomas) don't even phone it in! They have "people" for that.



Please, all you Republican

Please, all you Republican trolls - who pretend you voted for Obama in 2008 and are now going to throw your little hissy-fits and make 100% sure we get stuck with Romney in 2012 - leave TruthOut alone; go bask in Hedges hectoring if you want. I can't believe you even get driver's licenses with your inability to retain the thought that the Executive Branch can diddle in Justice matters. America was sunk once Roberts became Chief Justice, so stop trying to deflect your "buyer's angst" onto Obama. Holder is the only individual Black Man who can restart the 9-11 Commission (which the CIA will never allow) or even think of prosecuting the Torturers (Cheney, Yoo, Addington), and someone's got a gun to his head plus he's wishy-washy. No, the criminals extorting Obama are much more powerful and creepy than the (cough) Loyal Opposition in Congress. They have a gun to OUR heads and if Obama doesn't do their will, we're toast. If you're still standing upright and breathing and stuff, there's still hope; but you gotta get biz-ay!