Libyan Terrorists Live Free in Britain

In the wake of the international scandal surrounding the release of Abdel Baset al-Megrahi the convicted Lockerbie bomber, the British newspaper The Telegraph reports that several wanted Libyan terrorists are "living free" in the United Kingdom.  The 12 suspects whose names appear on the UN Consolidated list belong to the Libyan Islamic Fighting Group (LIFG) an al Qaeda affiliate.  Among other things, the Libyans are suspected of plotting to blow up passenger airlines, and attack U.S. embassies.

The Telegraph does not mention that the United States Treasury's Office of Foreign Asset Control (OFAC) named the LIFG a "Specially Designated Global Terrorist" (SDGT) in 2001, and later, in 2004, it was designated by the U.S. State Department as a Foreign Terrorist Organization (FTO). In addition, in both 2006 and 2008 the U.S. Department of Treasury specifically named several LIFG members living in the U.K. as subject to sanctions for links to terrorism.  In the words of a senior Treasury official, "LIFG, along with other al Qaida affiliates, seeks to exploit our globalized world, raising funds in Europe for transfer to terror cells operating in North Africa."

An Opposition MP said in the Telegraph article, "It's quite outrageous for these people to carry on living here, many of them on benefits."  The Government's disturbing reply was, "These individuals are here legally. If they breach any laws they will be prosecuted."

Can it be that the British government was once led by a leader, Winston Churchill, who said, "An appeaser is one who feeds a crocodile—hoping it will eat him last?"

Feingold Moves to Strike Material Support Law

As we reported earlier this week, Congress is set to debate the reauthorization of several provisions of the PATRIOT Act next week. While that discussion will focus on three of the more controversial provisions of the much maligned law, some members of Congress are more interested in seeking expansive overhaul, effectively gutting the PATRIOT Act. Friday, Senator Russ Feingold introduced the JUSTICE Act, a bill proposing wide ranging amendments to this critical counter-terrorism tool.

Among the provisions in the JUSTICE Act is an amendment to 18 U.S.C. § 2339B, commonly referred to as the "material support" statute. If the amendment suggested by Senator Feingold is approved, the "new" statute will read in part:

"Whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, knowing or intending that the material support or resources will be used in carrying out terrorist activity…[shall violate the statute]." [amendment text italicized]

Under current law, federal prosecutors must show that an individual provided financial, logistical, or other resources to a terrorist organization, whether or not they intended the donation to support violence. In announcing this change, Senator Feingold explained that the revision would require "that a person must know or intend that support provided will be used for terrorist activity." In reality, this amendment would eviscerate the statute—stripping the government of a valuable tool in the fight against the support structure of international terrorist organizations. The fact is that the italicized portion above is a tremendous departure from Congressional intent, long standing judicial precedent, and common sense.

Supporters of this type of amendment often argue that terrorist groups are also engaged in charitable, humanitarian, educational, and political activities, and that donors should be able to promote these lawful activities. Each time this argument has been put forth in a federal court, it has been quickly dismissed. As the Court of Appeals for the Ninth Circuit explained in Humanitarian Law Project v. Reno:

"all material support given to such organizations aids their unlawful goals. Money is fungible; giving support intended to aid an organization's peaceful activities frees up resources that can be used for terrorist acts."

The argument that there are multiple "wings" in terrorist organizations has been repeatedly rejected. When it was enacted, the material support statute was intended to make these groups radioactive—in the words of Andrew McCarthy—"an entity that merits only our contempt, not our contributions." Senator Feingold and any other members who would support the proposed amendment to Section 2339B must remember that any support given to a terrorist organization furthers their violent acts. Requiring federal prosecutors to show that a defendant specifically intended to support acts of terrorism would make it almost impossible to shut down networks of individuals who are complicit in these acts of violence.

See full text of bill here.

Report: Terrorist Groups Meet in Lebanon to Discuss Anti-American Actions

Lebanon Now, an online Lebanese magazine, has reported a meeting of extremist Islamist groups in Beirut. Leaders from al-Jama'a al-Islamiyya, Hizballah, Hamas and Hizb-ut-Tahrir (HT) met in late August to discuss a number of issues, including how to confront any American peace plan for the Middle East. The participants affirmed that the plan "must be opposed by all possible means, especially by escalating acts of resistance."

The article contained few details. The gathering was diverse, though. Al-Jama'a al-Islamiyya (The Islamic Association) is a Muslim Brotherhood inspired group, as is Hamas; while Hizb-ut-Tahrir is a non-Brotherhood group seeking to re-establish the Muslim Caliphate. Hizballah, as a Shiite group, differs in a number of regards from other three, which are Sunni organizations. In the past, these extremist organizations have often had separate agendas. However, they all agree on the need to oppose US efforts in the Middle East.

The presence of Hizb-ut-Tahrir is noteworthy. The group has been engaged in a major effort to intensify its presence on the radical scene. As part of this campaign HT held a conference in the United States itself in July. The Investigative Project on Terrorism's reports on the event can be read here and here.

Read the Investigative Project on Terrorism's translation of the article here.

White House Calls on Congress to Reauthorize Controversial Counter-Terrorism Programs

Next week, the Senate Judiciary Committee will take up the difficult and controversial debate over the reauthorization of three provisions of the Foreign Intelligence Surveillance Act set to expire at the end of the year. For those concerned that the Obama Administration has not done enough in the area of counter-terrorism policy, Wednesday provided welcome news—the administration supports reauthorization.

During the September 23 hearing, the Judiciary Committee will take a general look of the USA PATRIOT Act Improvement and Reauthorization Act of 2005, as well as a specific review of three provisions set to sunset:

• Roving Wiretaps—USA PATRIOT Act, Section 206, codified at 50 U.S.C. § 1805(c)(2)

Recognizing that today's terrorists and foreign intelligence officers are skilled in counter-surveillance techniques, this provision provides for roving surveillance of targets who take measures to thwart surveillance. Prior to the enactment of this provision, a new warrant needed to be issued each time a target used a different communication device. This statute allows the government to conduct surveillance on any phone or computer that a target may be use, thereby preventing unnecessary delay.

• Business Records Collection—USA PATRIOT Act Section 215, codified at 50 U.S.C. §§ 1861-61

In attempt to close a gap in intelligence collection authorities, this provision authorizes the FBI to file an application with the Foreign Intelligence Surveillance Court for an order to obtain business records in national security investigations. This authority generally tracks the type of power granted to the FBI through the use of grand jury subpoenas in ordinary criminal investigations.

• Lone Wolf—Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001, codified at 50 U.S.C. § 1801(b)(1)(C)

This provision allows the FBI to investigate "lone wolf" terrorists—those who are engaged in acts of international terrorism but who may be unconnected to foreign governments. Although this provision has not yet been used, its importance is clear—many of the threats that the U.S. faces come from non-state actors who may not be covered under traditional FISA authorities.

The efficacy of these programs is unquestionable. Each of them has expanded the ability of the Department of Justice to investigate, capture, and prosecute those involved in acts of international terrorism. While Congress should certainly take this opportunity to reevaluate these provisions and ensure that they are drawn narrowly enough to respond to the concerns of civil libertarians, it should heed the advice of the Obama administration and take the important step of reauthorizing these necessary investigative tools.

See full statement of Attorney General Holder here.

British Government Funds Muslim Brotherhood-Related Organization

A British government funded organization has donated nearly £50,000 to a Muslim Brotherhood connected organization, according to a UK think tank. The Center for Social Cohesion, an organization specializing in the study of extremism in Britain, reports that Preventing Violent Extremism (PVE) established in 2007 to "work with Muslim organisations to tackle violent extremism" had donated £48,000 pounds (almost $80,000) to the Muslim Welfare House (MWH)

MWH is a member of Federation of Islamic Organizations in Europe (FIOE.) The FIOE serves as an umbrella organization for most European Brotherhood group, according to analyst Lorenzo Vidino. The House has had on its board such extremists as Mohammed Sawalha, a former Hamas leader. Earlier this year, Sawalha signed a declaration in Istanbul in support of Hamas. One of the clauses in the document called for fighting "by all ways and means' foreign navies preventing the smuggling of arms into Gaza. The British navy was engaged in that very activity. Other MWH officials have had definite Muslim Brotherhood ties, according to the think tank.

None of the extremists are currently on the board of MWH. However, its ties to FIOE remain. At a time in which the UK is subject to intense international criticism for the release of Abdel Baset al-Megrahi the convicted Lockerbie bomber, the British government would do well to more closely vet the recipients of its largesse.

Queens Raid Tied to Al Qaeda Investigation

We're finally starting to learn what was behind the FBI raid of a couple of Queens, NY apartments early Monday morning. Little information was released about the raids, but officials briefed members of Congress almost immediately.

The New York Post reports authorities believe there was a plot to detonate nine backpack bombs. The paper quotes a law enforcement source saying "They were going to blow up several places simultaneously and take out as many people as possible."

Agents found empty backpacks in one of the apartments searched, but reportedly have not yet found explosives.

Reportedly, agents felt the need to step in when a suspect from Colorado, Najibullah Zazi, drove across the country and showed up in New York. Zazi spoke with reporters Tuesday, saying he's not tied to al Qaeda and loves America. He told the Denver Post:

"I live here, I work here. Why would I have an issue with America? This is the only country that gives you freedom — freedom of religion, freedom of choice. You don't get that elsewhere. Nobody wants to leave America. People die to come here."

But the New York Daily News reports Zazi's car was stopped and searched in New York, revealing "documents and papers about bomb-making and bombs" were found inside. The newspaper reported "scores of FBI agents inundated Denver" in the belief that the Bureau "had uncovered an Al Qaeda cell for the first time since 9/11, prompting the unprecedented response."

According to the Post, Zazi learned how to make bombs in a Pakistani terrorist camp and other military tactics. The newspaper also reports the case has sparked tension between the FBI and the New York Police Department, with the FBI accusing the NYPD of going too strong into the Flushing neighborhood where Zazi visited, exposing their surveillance of him. Officials denied this.

*Updated 12:05 pm

The Daily News reports FBI teams are poised to launch new raids and that the target of the alleged plot would have been New York's subway system. See their report here.

Organ Story Harvests Hatred

The July arrests of several prominent American Jews for organ selling was a gift to anti-Semitic Arab and Islamic news outlets. The ring's scheme – already shocking in reality for its vile nature – has grown to new, ever more preposterous heights, in the largely fictional accounts being smattered across the pages of many purportedly mainstream Arab dailies. A recent Jerusalem Post article delves into the trend, noting how the "reporting" has grown to include many unverified accounts including one - initially picked up by the Algerian daily El-Khabar and broadcast widely in the Islamic press - accusing Jews of complicity in kidnapping Moroccan and Algerian children to sell their organs to wealthy American patients. Furthermore, such baseless stories are even being picked up by some Arab-American publications.

The Post sums up the Algerian story in the following way:

"bands of Moroccans and Algerians have allegedly been roaming the streets of Algeria 's cities kidnapping young children, who are then transported across the border into Morocco . From the Moroccan city of Oujda , the children are then purportedly sold to Israelis and American Jews, who then harvest their organs for sale in Israel and the United States . The organs are said to fetch anywhere from $20,000 to $100,000."

The popularity of such a story could stem from pre-existing and rampant anti-Semitism and anti-Israel sentiment found throughout the Arab world. Yet, what makes this story different is its rapid movement from fringe to forefront. From El-Khabar, the story was picked up by the Iranian government-funded international television channel, PressTV, and was further reprinted without any sourcing in the Arab American weekly, Watan.

The El-Khabar piece cites a Dr. Mustafa Khayatti, head of the Algerian National Committee for the Development of Health Research, and further claims that Interpol and the FBI are actively investigating such claims. It also links these claims with a provocative account from the Swedish tabloid, Aftonbladet, which lost any credibility when the supposed Palestinian victims denied the Swedish accusations.

The obvious worries created by such a piece speak poorly about the credibility of Arab mainstream outlets, the future of Jewish-Muslim relations, and the ability of the Arab street to extract themselves from a society based on conspiracy theories. The Jerusalem Post article summed up the threat of such pieces: "With its rapid online dissemination, the report has begun to draw fire from those worried about the ease with which such a story, lacking any evidence, can spread in the Muslim world."

U.S. Strike Kills Al-Qaeda Terrorist in Somalia

A U.S. helicopter raid on a car in southern Somalia, has killed a significant Al-Qaeda terrorist. Saleh Ali Saleh Nabhan, who was wanted by the FBI for a series of attacks on American and Israeli targets, was killed along with at least one other Al-Qaeda terrorist. Nabhan was considered one of Al-Qaeda's leading activists in the region and, according to Somalia expert Rashid Abdi, "a man with an important organizational memory, and if a key figure like him is killed, it always has a major impact."

Nabhan was wanted by the FBI in connection with the 1998 bombings of American embassies in Tanzania and Kenya, a 2002 bombing of an Israeli-owned Kenyan hotel, and a 2002 attempt to shoot down an Israeli airliner in Kenya. Nabhan was believed to be an associate of Al Qaeda member Harun Fazul, who was indicted in the 1998 bombings of the U.S. embassies.

The strike followed a 2006 declaration by the FBI seeking the arrest of Nabhan, in connection to the embassy bombings, as well as a failed strike against him in March of 2008. Such foreign strikes are a relatively rare affair in Somalia, where the Al-Qaeda linked Al-Shabab movement controls large chunks of territory and has fought years of continuous civil war. The French have conducted raids in response to pirate attacks, but Western countries largely have stayed away from direct involvement against the growing Al-Shabab movement.

However, targeted strikes may be used in the future to prevent Al-Qaeda from gaining a larger foothold in the failed Somali state. An unnamed Somali government official praised the attack and said it creates an opportunity:

"These young fighters do not have the same skills as their colleagues in Afghanistan or elsewhere when it comes to foreign airstrikes… They are in confusion now. I hope the world takes action."

The attack would hurt al Qaeda more than Al-Shabab, Abdi said. An Al-Qaeda spokesman threatened that Americans "will taste the bitterness of our response."

Destroying the Terrorist's Support Structure

Critics of the United States government's efforts at cracking down on the support network of violent extremists had a bad day Tuesday. Oussama Abdullah Kassir was sentenced to life in prison for his role in providing material support to al Qaida.

Following a four-week trial in Manhattan, a jury found Kassir guilty of 11 counts for his role in attempting to establish a terrorist training camp in Bly, Oregon. In addition to his efforts aimed at setting up a jihad training camp, Kassir operated several terrorist websites which contained instructions for making bombs and poison, and provided lessons in assembling and dissembling AK-47 automatic weapons. Moreover, Kassir's co-conspirators have been charged with "hostage-taking in Yemen in 1998, facilitating violent jihad in Afghanistan, and supplying goods and services to the Taliban in 2000 and 2001."

Although there are many people who believe that the use of material support prosecutions are a form of imposing "guilt by association," these statutes are incredibly effective in cutting off the means by which terrorist groups plan, finance, and prepare for attacks. While there was no evidence presented that Kassir ever directly engaged in terrorist activity, his conviction and prosecution certainly make the world a safer place. In explaining the importance of the heavy sentence, U.S. Attorney Preet Bharara explained:

"Kassir trained men to become terrorists on American soil. Today's life sentence underscores our unwavering commitment to prosecute to the fullest extent of the law anyone who supports al Qaeda's mission of violence and hate."

See full Department of Justice Press Release here.

Bringing Terrorists to Justice Post Guantanamo

By now it is all but certain that the military detention center at Guantanamo Bay, Cuba will be shuttered by the end of the year. It's still unclear what happens to the people housed there. As President Obama and his administration grapple with the complexities involved in bringing what have been termed "the worst of the worst" to justice, those most affected by terrorism—victims and their families—have sought to ensure that their voices be heard.

To this end, on September 11, 2009, Judea Pearl published an open letter to Attorney General Holder, laying out some of the opinions which he had previously shared with the President's Task Force on the closing of Guantanamo Bay. As the father of Daniel Pearl, the Wall Street Journal reporter who was brutally murdered in Pakistan in 2002, Pearl's unique perspective is representative of the fears of all those who have been personally affected by terrorism. Whether it be prosecuting those still housed in Guantanamo or the future perpetrators of terrorist acts, it's important that we get the next part right—and Mr. Pearl presents a useful starting point for that discussion.

Pearl begins by calling on the government to reassert that "America is still committed to the war on terror, and that this war includes not just active combatants or members of recognized terrorist organizations, but the ideology of terror itself."

Pearl recommends considering a new legal paradigm for dealing with these individuals. The Department of Defense could transfer all current and future inmates into federal custody for purposes of trying them in criminal courts. Alternatively, the DoD could continue to exercise jurisdiction over the detainees and prosecute them in either a revised Military Commission system or traditional courts martial. Finally, the government could consider employing the type of "national security court" proposed by Neal Katyal and Jack Goldsmith.

Pearl's primary concern is that indicted terrorists would use their trials as a "bully pulpit" to preach their message of hate against the West in an attempt to encourage others to commit more terrorist attacks. To curb such abuses, he suggests that all terrorism-related trials be sealed. The effect of such a policy would be to "make it clear to every would-be terrorist that, if captured, he will go down the path of total oblivion to the extent allowed by law."

Although no federal court has been asked to consider whether there is a public right of access to proceedings in military tribunals, it is well settled law that federal prosecutions and courts martial must remain open absent a finding that closure is "essential to preserve higher values and is narrowly tailored to serve that interest." Consequently, while earlier domestic terrorism cases—most notably those of Timothy McVeigh and the 1993 World Trade Center bombing cases—were open to the public, since the September 11 attacks, judges have routinely closed their courtrooms and sealed evidence in response to "national security concerns."

Preventing terrorists from using public trials as a means of inciting further violence is certainly a compelling government interest. Whether the government chooses to push for a blanket policy that all terrorism-related cases be sealed or a case-by-case determination on the threat presented by the defendant, the historical right of access to public trials must be reconsidered in light of the new challenges we face.

Read Pearl's full essay here.

Newer Postings   |   Older Postings