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:
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. Read more ...
Source: IPT Blog
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