Supreme Court Weighs Humanitarian Aid To Terrorist Groups

Today the Supreme Court took up a very difficult question: if a person explains to a terrorist group how to pursue peaceful resolution of their goals, is that constitutionally-protected speech?

Federal law, as amended by the USAPATRIOT Act, makes it a crime to provide “training” and “expert advice or assistance” to designated terrorist groups. The Humanitarian Law Project (HLP) in years past provided advice to groups including the Kurdistan Workers’ Party (PKK) and the Liberation Tigers of Tamil Eelam (LTTE), both groups designated terrorist groups by the State Department. HLP trained the groups on using international law, including petitions to the United Nations, to achieve their goals peacefully. HLP says the groups formed to protect the rights of minority populations that they argue have been marginalized, and HLP sought to help the groups move away from terrorist tactics and achieve their goals through peaceful means.

The Obama administration, however, argues that providing aid—including legal advice—to the groups would run afoul of federal law. Solicitor General Elena Kagan, who represents the federal government before the Supreme Court, argued today that aiding these groups helps them achieve legitimacy, and the government not only seeks to stop their terrorist activities, but also wants to dissolve the groups themselves. Moreover, the government argues helping the groups with any one aspect of their operation frees up personnel or gives them more time to pursue terrorism. Thus, any aid to these organizations is in effect helping them carry out terrorism, and since terrorism is an action and not speech, the First Amendment to the Constitution does not protect the aid groups.

Justices subjected both lawyers to tough questioning. Conservative Justices John Roberts, Anthony Kennedy—usually the swing vote in close cases—and Sam Alito all seemed skeptical of the contention that the aid HLP wanted to provide would not help the groups carry out terrorist attacks. They also seemed hesitant to accept the government’s argument that the line between “advice” and “expert advice” was clear; advice is legal, while expert advice is not. One point of agreement seemed to be that there was a problem with any law that might make it illegal to provide legal advice.

The lawsuit was brought as an “as applied” challenge, meaning HLP was asking only for a declaration that its activities were protected, not that the whole law be struck down, but there seemed to be much confusion about how the Court could make such a declaration without imperiling prosecution of anyone under the law. That confusion may provide an out for the Court: it could send the case back to the lower courts for consideration of whether the law is unconstitutional entirely.

The case, Holder v. Humanitarian Law Project, will be decided before this summer.

Obama Pledges Swift Humanitarian Action Following Haitian Earthquake

President Barack Obama pledged “swift, coordinated and aggressive” action Wednesday in response to the 7.0 magnitude earthquake that struck Haiti Tuesday.

“The people of Haiti will have the full support of the United States in the urgent effort to rescue those trapped beneath the rubble, and to deliver the humanitarian relief,” Obama said. “[Agency for International Development] and the Departments of State and Defense are working closely together and with our partners in Haiti, the region and around the world.”


Photo: GeoEye Satellite Image

The American response will include mobilizing required resources for search and rescue operations and placing Agency for International Development administrator Rajiv Shah as the U.S. unified disaster coordinator. 

According to Obama, locating American citizens in the employment of Haiti’s U.S. embassy will also be a top priority.

While the president did not give an estimate for the death toll following the quake, it is expected to be in the thousands.

House Committee hearing on U.S. Response to Iraqi Refugee Crisis

At the House Foreign Affairs Committee hearing on "Neglected Responsibilities: The U.S. Response to the Iraqi Refugee Crisis," Chairman Gary L. Ackerman, (D-NY) said Congress increased to 5000 the number of Special Immigrant Visas available to Iraqis who worked for the United States. However, in terms of refugees, only 1,608 were resettled during Fiscal Year 2007. In order to reach the goal of 12,000 refugees resettled during this Fiscal Year, he said, the Administration would have to triple the number of refugees processed each month. A year later, and we have yet to "seize the moment" in terms of rehabilitating the image of the United States in the Middle East.

Congressman Dana Rohrabacher (R-CA) said that is it not the job of the United States to subsidize refugees in Jordan or anywhere else, if they are able to go home. We should do our best, he said, in our ability to help assist them in Iraq.

Congressman William Delahunt (D-MA) said the reality of Iraqis living outside of Iraq is they cannot return because conditions do not exist for their return. They cannot go home, he said, or they'd be killed. Our response should also work to prevent further erosion of how we are viewed in the Middle East. If we are concerned about terrorism, he said, it's in our national interest to "step up." If the vast numbers of refugees are not treated with respect, it will be the new "breeding ground" for terrorists.

James B. Foley, Senior Coordinator of Iraqi Refugee Issues, U.S. Department of State, said third country resettlement is for the desperate people that cannot go home even if they want to. However, he said, we can begin "in country" processing, thanks to a more secure Iraq. About one hundred Iraqis are being processed in Baghdad currently. A second reason we can begin processing is that Syria has recognized that humanitarian goals need to be reached. We are doing everything we can, he said, and we are committed to processing refugees right where they are located in Iraq. On a large scale it is daunting in regards to logistical steps and security, he said, but they will move as fast as possible.