Material Support To Terrorism Prosecutions
1. What is Material Support to Terrorism?
Material support to terrorism involves knowingly providing financial assistance, training, expert advice, personnel, weapons, or other tangible or intangible resources to individuals or organizations designated as terrorists.
This is a federal crime under:
18 U.S.C. § 2339A – providing material support generally
18 U.S.C. § 2339B – providing material support or resources to designated foreign terrorist organizations (FTOs)
2. Elements of the Offense
To convict under these statutes, the prosecution must prove:
The defendant knowingly provided material support or resources.
The recipient was a designated foreign terrorist organization or engaged in terrorist activity.
The defendant acted willfully and with knowledge of the terrorist nature of the group or activity.
3. What Constitutes Material Support?
Material support can include:
Money or funds
Personnel or training (including combat or weapons training)
Expert advice or assistance
Transportation, lodging, or communications
Weapons, explosives, or other physical assets
Even indirect support, such as providing services or equipment, can qualify.
4. Important Case Law
Case 1: Holder v. Humanitarian Law Project (2010, U.S. Supreme Court)
Facts:
The Humanitarian Law Project (HLP) sought to provide legal and political training to the Kurdistan Workers’ Party (PKK) and the Liberation Tigers of Tamil Eelam (LTTE), both designated FTOs.
Legal Issue:
Does providing non-violent, legal advice and training constitute "material support"?
Holding:
Yes. The Court held that all forms of coordinated support, even non-violent advocacy or training, are prohibited if given knowingly to an FTO.
Significance:
Broad interpretation of “material support.”
Clarified that even peaceful assistance can be criminal if coordinated with a terrorist group.
Reinforced government’s broad power to regulate material support to prevent terrorism.
Case 2: United States v. Holy Land Foundation (2008, 5th Cir.)
Facts:
The Holy Land Foundation was accused of funneling funds to Hamas, a designated FTO, under the guise of charity work.
Legal Issue:
Were donations and charity activities material support aiding terrorist acts?
Holding:
Yes. The court upheld convictions, ruling that even charitable donations can constitute material support if the funds ultimately support terrorist operations.
Significance:
Set precedent for prosecution of charities suspected of channeling money to terrorism.
Emphasized strict scrutiny on financial flows to potential terrorist groups.
Case 3: United States v. Mehanna (2012, 1st Cir.)
Facts:
Mehanna was charged with providing material support to al-Qaeda by traveling to Yemen to receive weapons training.
Legal Issue:
Did attending training and association with a terrorist group constitute material support?
Holding:
Yes. The court upheld convictions on the grounds that weapons training directly supports terrorist activities.
Significance:
Clarified that participation in training camps counts as material support.
Highlighted the role of intent and knowledge in such cases.
Case 4: United States v. Stewart (2013, 2nd Cir.)
Facts:
Stewart allegedly provided financial and logistical support to the Liberation Tigers of Tamil Eelam (LTTE), a designated FTO.
Legal Issue:
Was Stewart’s support knowing and intentional?
Holding:
Yes. The court found sufficient evidence of Stewart’s knowledge that the funds were supporting a terrorist group.
Significance:
Showed courts rely heavily on knowledge and intent evidence.
Demonstrated prosecution’s ability to connect funding to FTO operations.
Case 5: United States v. Al Kassar (2016, Southern District of New York)
Facts:
Al Kassar was accused of attempting to sell weapons to FARC, a designated terrorist group, thus providing material support.
Legal Issue:
Does offering to supply weapons constitute material support even if the transaction was not completed?
Holding:
Yes. Attempted provision of weapons was enough for conviction under material support statutes.
Significance:
Demonstrated that attempts to provide material support are prosecutable.
Emphasized the government’s interest in preventing support before it occurs.
5. Summary of Legal Principles
| Principle | Explanation |
|---|---|
| Broad definition of material support | Includes money, training, services, weapons, and advice |
| Knowledge and intent required | Defendant must know the group is terrorist |
| Non-violent support is criminal too | Even legal advice can be material support |
| Charitable donations scrutinized | Donations to FTOs often prosecuted as support |
| Attempted support is punishable | Attempt to provide support can lead to conviction |
6. Final Notes
Material support laws are among the most powerful tools against terrorism financing.
Courts balance national security interests with First Amendment rights, but often side with broad anti-terrorism enforcement.
Defendants often challenge the knowledge element or argue their support was humanitarian.
RELATED Blog
0 comments