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A Commentary on the Prosecution of Benevolence International Foundation Matthew .J Piers
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@Pace Pace Law Review Volume 25 Issue 2 Spring 2005 Article 7 The Anti-Terrorist Financing Guidelines: The Impact on International Philanthropy April 2005 Malevolent Destruction of a Muslim Charity: A Commentary on the Prosecution of Benevolence International Foundation Matthew .J Piers Follow this and additional works at: http://digitalcommons.pace.edu/plr Recommended Citation Matthew J. Piers, Malevolent Destruction of a Muslim Charity: A Commentary on the Prosecution of Benevolence International Foundation , 25 Pace L. Rev. 339 (2005) Available at: http://digitalcommons.pace.edu/plr/vol25/iss2/7 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Malevolent Destruction of a Muslim Charity: A Commentary on the Prosecution of Benevolence International Foundation Matthew J. Piers Three years ago we, as a nation, suffered a ghastly act of mass murder and terrorism apparently perpetrated by the self-proclaimed Islamic fundamentalist group, al Qaeda. A remarkable thing occurred in the wake of this tragedy: the United States, already feared and respected as the world's sole remaining super power, became the object of a tidal wave of international support and sympathy. Perhaps never before in our nation's relatively short history have so many hands and hearts reached out to us. The potential to build on this historic outpouring of support and sympathy, both domestically and internationally, was enormous. -
Obstructing Justice: the Rise and Fall of the AEDPA*
AGARWAL.DOC 9/17/2019 11:04 AM Obstructing Justice: The Rise and Fall of the AEDPA* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. 840 II. THE CURRENT POLITICAL LANDSCAPE: PUSHING FORWARD DESPITE PUBLIC DISSENT ................................................... 843 III. THE AEDPA OF 1996 ........................................................................................ 850 A. At Issue: Prohibiting Material Support to Designated Foreign Terrorist Organizations .......................................... 850 B. Major Constitutional Victories: The Rise of the AEDPA ........................................................................................... 857 1. Under the First Amendment: Guilt by Association ........................... 858 2. Under the First Amendment: Political Advocacy and the Question of Scrutiny ............................................................. 863 3. Under the First Amendment: Vagueness ........................................... 866 IV. HITTING A BRICK WALL: THE FALL OF THE AEDPA .......................................... 871 A. National Security: Abridging Procedural Due Process to Foreign Terrorist Organizations .................................... 878 B. Crisis Legislation: The Age-Old Conflict Between Civil Liberties and National Security ....................................................... 882 1. Distinguishing the Alien and Sedition Acts ....................................... 886 2. Distinguishing Japanese -
30 Terrorist Plots Foiled: How the System Worked Jena Baker Mcneill, James Jay Carafano, Ph.D., and Jessica Zuckerman
No. 2405 April 29, 2010 30 Terrorist Plots Foiled: How the System Worked Jena Baker McNeill, James Jay Carafano, Ph.D., and Jessica Zuckerman Abstract: In 2009 alone, U.S. authorities foiled at least six terrorist plots against the United States. Since Septem- ber 11, 2001, at least 30 planned terrorist attacks have Talking Points been foiled, all but two of them prevented by law enforce- • At least 30 terrorist plots against the United ment. The two notable exceptions are the passengers and States have been foiled since 9/11. It is clear flight attendants who subdued the “shoe bomber” in 2001 that terrorists continue to wage war against and the “underwear bomber” on Christmas Day in 2009. America. Bottom line: The system has generally worked well. But • President Obama spent his first year and a half many tools necessary for ferreting out conspiracies and in office dismantling many of the counterter- catching terrorists are under attack. Chief among them are rorism tools that have kept Americans safer, key provisions of the PATRIOT Act that are set to expire at including his decision to prosecute foreign ter- the end of this year. It is time for President Obama to dem- rorists in U.S. civilian courts, dismantlement of onstrate his commitment to keeping the country safe. Her- the CIA’s interrogation abilities, lackadaisical itage Foundation national security experts provide a road support for the PATRIOT Act, and an attempt map for a successful counterterrorism strategy. to shut down Guantanamo Bay. • The counterterrorism system that has worked successfully in the past must be pre- served in order for the nation to be successful In 2009, at least six planned terrorist plots against in fighting terrorists in the future. -
The Jihadist Threat in France CLARA BEYLER
The Jihadist Threat in France CLARA BEYLER INCE THE MADRID AND LONDON BOMBINGS, Europeans elsewhere— fearful that they may become the next targets of Islamist terrorism— are finally beginning to face the consequences of the long, unchecked Sgrowth of radical Islam on their continent. The July bombings in London, while having the distinction of being the first suicide attacks in Western Eu- rope, were not the first time terrorists targeted a major European subway system. Ten years ago, a group linked to the Algerian Armed Islamic Group (Groupe Islamique Armé—GIA) unleashed a series of bombings on the Paris metro system. Since 1996, however, France has successfully avoided any ma- jor attack on its soil by an extremist Muslim group. This is due not to any lack of terrorist attempts—(only last September, France arrested nine members of a radical Islamist cell planning to attack the metro system)—but rather to the efficiency of the French counterterrorist services.1 France is now home to between five to six million Muslims—the sec- ond largest religious group in France, and the largest Muslim population in any Western European country.2 The majority of this very diverse population practices and believes in an apolitical, nonviolent Islam.3 A minority of them, however, are extremists. Islamist groups are actively operating in France to- day, spreading radical ideology and recruiting for future terrorist attacks on French soil and abroad. The purpose of this paper is to provide an overview of France’s Islamist groups, the evolving threats they have posed and continue to pose to French society, and the response of the French authorities to these threats. -
Ohio Terrorism N=30
Terry Oroszi, MS, EdD Advanced Technical Intelligence Center ABC Boonshoft School of Medicine, WSU Henry Jackson Foundation, WPAFB The Dayton Think Tank, Dayton, OH Definitions of Terrorism International Terrorism Domestic Terrorism Terrorism “use or threatened use of “violent acts that are “the intent to instill fear, and violence to intimidate a dangerous to human life the goals of the terrorists population or government and and violate federal or state are political, religious, or thereby effect political, laws” ideological” religious, or ideological change” “Political, Religious, or Ideological Goals” The Research… #520 Charged (2001-2018) • Betim Kaziu • Abid Naseer • Ali Mohamed Bagegni • Bilal Abood • Adam Raishani (Saddam Mohamed Raishani) • Ali Muhammad Brown • Bilal Mazloum • Adam Dandach • Ali Saleh • Bonnell (Buster) Hughes • Adam Gadahn (Azzam al-Amriki) • Ali Shukri Amin • Brandon L. Baxter • Adam Lynn Cunningham • Allen Walter lyon (Hammad Abdur- • Brian Neal Vinas • Adam Nauveed Hayat Raheem) • Brother of Mohammed Hamzah Khan • Adam Shafi • Alton Nolen (Jah'Keem Yisrael) • Bruce Edwards Ivins • Adel Daoud • Alwar Pouryan • Burhan Hassan • Adis Medunjanin • Aman Hassan Yemer • Burson Augustin • Adnan Abdihamid Farah • Amer Sinan Alhaggagi • Byron Williams • Ahmad Abousamra • Amera Akl • Cabdulaahi Ahmed Faarax • Ahmad Hussam Al Din Fayeq Abdul Aziz (Abu Bakr • Amiir Farouk Ibrahim • Carlos Eduardo Almonte Alsinawi) • Amina Farah Ali • Carlos Leon Bledsoe • Ahmad Khan Rahami • Amr I. Elgindy (Anthony Elgindy) • Cary Lee Ogborn • Ahmed Abdel Sattar • Andrew Joseph III Stack • Casey Charles Spain • Ahmed Abdullah Minni • Anes Subasic • Castelli Marie • Ahmed Ali Omar • Anthony M. Hayne • Cedric Carpenter • Ahmed Hassan Al-Uqaily • Antonio Martinez (Muhammad Hussain) • Charles Bishop • Ahmed Hussein Mahamud • Anwar Awlaki • Christopher Lee Cornell • Ahmed Ibrahim Bilal • Arafat M. -
Holy Land Foundation for Relief and Development: Criminalizing Support for Non-Designated Charities
Blocking Faith, Freezing Charity CHILLING MUSLIM CHARITABLE GIVING in the “WAR ON TERRORISM FINANCING” Blocking Faith, Freezing Charity: Chilling Muslim Charitable Giving in the “War on Terrorism Financing” PUBLISHED: June 2009 FRONT COVER PHOTOGRAPH: Alex Wong/Getty Images Members of a Muslim congregation in Virginia give Zakat donations for the needy before they enter a mosque for a service to mark the conclusion of the holy month of Ramadan, the height of annual Muslim charitable giving. Zakat is one of the core “five pillars” of Islam and a religious obligation for all observant Muslims. BACK COVER PHOTOGRAPHS: LEFT: Brandon Dill/Memphis Commercial Appeal RIGHT: LIFE for Relief and Development THE AMERICAN CIVIL LIBERTIES UNION is the nation’s premier guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and freedoms guaranteed by the Constitution, the laws and treaties of the United States. OFFICERS AND DIRECTORS Susan N. Herman, President Anthony D. Romero, Executive Director Richard Zacks, Treasurer ACLU NATIONAL OFFICE 125 Broad Street, 18th Fl. New York, NY 10004-2400 (212) 549-2500 www.aclu.org Contents I. EXECUTIVE SUMMARY AND INTRODUCTION ................................................................................ 7 a. Introduction .............................................................................................................................7 b. Executive Summary .................................................................................................................9 -
A Legal War on Terrorism: Extending New York V. Quarles and the Departure from Enemy Combatant Designations
DePaul Law Review Volume 53 Issue 2 Winter 2003: Symposium - After Disaster: The September 11th Compensation Article 20 Fund and the Future of Civil Justice A Legal War on Terrorism: Extending New York v. Quarles and the Departure from Enemy Combatant Designations Jeffrey S. Becker Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Jeffrey S. Becker, A Legal War on Terrorism: Extending New York v. Quarles and the Departure from Enemy Combatant Designations, 53 DePaul L. Rev. 831 (2013) Available at: https://via.library.depaul.edu/law-review/vol53/iss2/20 This Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. A LEGAL WAR ON TERRORISM: EXTENDING NEW YORK V. QUARLES AND THE DEPARTURE FROM ENEMY COMBATANT DESIGNATIONS INTRODUCTION During turbulent times, the United States government has difficulty balancing rights fundamental to all Americans-the rights to life, lib- erty, and the pursuit of happiness.' This Comment examines our gov- ernment's inveterate struggle to preserve its citizens' right to "liberty" while simultaneously protecting their right to "life." Adequately bal- ancing these considerations has proved difficult time and time again. "When conditions are especially turbulent and the general populace perceives a threat to its way of life, the chances of a miscarriage of justice are substantially increased."'2 The storybook of American history is blotched with several in- stances of governmental overreaction during uncertain times. -
Saudi Funding of Islamic Extremist Groups Undermining US Interests and the War on Terror from Within T
MENU Policy Analysis / Congressional Testimony Subversion from Within: Saudi Funding of Islamic Extremist Groups Undermining U.S. Interests and the War on Terror from within the United States by Matthew Levitt Sep 10, 2003 ABOUT THE AUTHORS Matthew Levitt Matthew Levitt is the Fromer-Wexler Fellow and director of the Reinhard Program on Counterterrorism and Intelligence at The Washington Institute. Articles & Testimony T estimony before the Senate Judiciary Subcommittee on Terrorism, Technology, and Homeland Security INTRODUCTION Well into the war on terrorism, Saudi Arabia continues to serve as the capital of international terrorist financing. Through groups like the Muslim World League (MWL), the International Islamic Relief Organization (IIRO), the al Haramain Islamic Foundation, as well as the Islamic Affairs Bureaus located at Saudi embassies and consulates worldwide, the Saudis continue to fund radical Islamic groups supportive of, or engaged in, international terrorism. TIER 1: FINANCING TERRORISM Some cases are both clearcut and extreme. For example, after his arrest in Indonesia on June 5, 2002, Omar al- Farouq, al-Qaeda's operational point man in Southeast Asia, told his interrogators that al-Qaeda operations in the region were funded through a branch of al-Haramain. According to al-Farouq, "money was laundered through the foundation by donors from the Middle East."[1] In another case, Italian prosecutors revealed that "Syria has functioned as a hub for an al-Qaeda network" run out of Europe and linked to prominent al-Qaeda operative Abu Musab al-Zarqawi.[2] Transcripts of operatives' conversations -- first revealed in the Los Angeles Times -- "paint a detailed picture of overseers in Syria coordinating the movement of recruits and money" between cells in Europe and Ansar al-Islam training camps in northern Iraq. -
An Analysis of the USA PATRIOT Act and Its Implications on Nonprofit
PATRIOT GAMES The USA Patriot Act1 and its Impact on Nonprofit Organizations By Tim Visser and Kay Guinane Executive Summary The Bush administration recently shut down a number of Muslim-based nonprofit organizations using new powers under the USA Patriot Act, which was passed shortly after the 9/11 terrorist attacks. No criminal charges were made against these organizations, nor were they officially designated terrorist supporters.2 Law enforcement officials simply froze their assets and seized their property “pending an investigation” without producing any evidence, as authorized by the act. Consequently, the burden of proof has shifted to the organizations, which must prove their innocence even though, in many cases, the government has not specified wrongdoing. Moreover, they must do this without access to their own documents, computers, records, or other materials that might make their case. Making matters worse for these organizations, the government controls the information judges see and how they see it; investigators can label evidence confidential for national security reasons and then bring it before a court without the target being represented. This allows the government to present part of the picture most favorable to its case -- which targets are not allowed to confront -- while withholding information that might prove innocence. As one target, the Global Relief Foundation, put it, “In fact, [the Treasury Department] has stated in court that it will base its case on evidence GRF may never see.”3 This secret evidence has also made it difficult to understand the how the act is being applied, although the Bush administration appears to be interpreting its mandate broadly. -
High Alert: the Government's War on the Financing of Terrorism and Its Implication for Donors, Domestic Charitable Organizations, and Global Philanthropy
William & Mary Law Review Volume 45 (2003-2004) Issue 4 Article 3 March 2004 High Alert: The Government's War on the Financing of Terrorism and Its Implication for Donors, Domestic Charitable Organizations, and Global Philanthropy Nina J. Crimm [email protected] Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the National Security Law Commons Repository Citation Nina J. Crimm, High Alert: The Government's War on the Financing of Terrorism and Its Implication for Donors, Domestic Charitable Organizations, and Global Philanthropy, 45 Wm. & Mary L. Rev. 1341 (2004), https://scholarship.law.wm.edu/wmlr/vol45/iss4/3 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr HIGH ALERT: THE GOVERNMENT'S WAR ON THE FINANCING OF TERRORISM AND ITS IMPLICATIONS FOR DONORS, DOMESTIC CHARITABLE ORGANIZATIONS, AND GLOBAL PHILANTHROPY NINA J. CRIMM* ABSTRACT Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and for waging the financial war on terrorism. -
Charitable and Humanitarian Organizations in the Network of International Terrorist Financing | the Washington Institute
MENU Policy Analysis / Congressional Testimony Charitable and Humanitarian Organizations in the Network of International Terrorist Financing by Matthew Levitt Aug 1, 2002 ABOUT THE AUTHORS Matthew Levitt Matthew Levitt is the Fromer-Wexler Fellow and director of the Reinhard Program on Counterterrorism and Intelligence at The Washington Institute. Articles & Testimony estimony before the Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on T International Trade and Finance I. INTRODUCTION The synchronized suicide attacks of September 11 highlighted the critical role financial and logistical support networks play in the operations of international terrorist organizations. According to financial profiles released by the FBI, the attacks cost between $303,672 and $500,000.1 Unfortunately, the network of international terrorist financing is both established and sophisticated. The investigative value of following the trail of terrorist financing has long been known. Then-FBI Director Louis Freeh testified before Congress in 1999 that a shortage of funds prevented the 1993 attack on the World Trade Center from being as devastating as it otherwise could have been. After his capture in 1995, Ramzi Yousef, the convicted mastermind behind the 1993 bombing and other attacks, admitted that the terrorists were unable to purchase sufficient material to build as large a bomb as they had intended because they were strapped for cash. In fact, the operation itself was rushed and carried out earlier than planned because the cell simply ran out of money. In the end, the terrorists' attempt to reclaim the deposit fee on the rental truck used to transport the bomb provided a key break in the case.2 The al Qaeda suicide hijackings underscored the post-blast, investigative utility of tracking the money trail, but they also drove home the critical need to preemptively deny terrorists the funds they need to conduct their attacks. -
BENJAMIN C. MIZER Principal Deputy Assistant Attorney General Civil Division, U.S. Department of Justice WILLIAM C. PEACHEY Dire
Case 3:15-cv-01343-SI Document 1 Filed 07/20/15 Page 1 of 34 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General Civil Division, U.S. Department of Justice WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation COLIN A. KISOR Deputy Director, District Court Section Office of Immigration Litigation CHRISTOPHER W. DEMPSEY Assistant Director, District Court Section Office of Immigration Litigation U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 532-4110 Facsimile: (202) 532-5393 [email protected] Attorneys for United States UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, ) No. 3:15-cv-1343 ) Plaintiff, ) ) ) v. ) ) ) COMPLAINT TO REVOKE MOHAMED SHEIKH ABDIRAHMAN ) NATURALIZATION KARIYE, a.k.a. MOHAMED SHEIKH ) ABDIRAHMAN a.k.a. SHEIKH KARIYE ) a.k.a. SHEIKH MOHAMED ) ABDIRAHMAN a.k.a. MAXAMED ) SHEIKH CABDIRAXMAN KARIYE a.k.a. ) MOHAMED ABDULRAHMAN SHEIKH ) CABDIRAXMAN KARIYE a.k.a. ABU ) ABDUL RAHMAN a.k.a. ABU ) ABDIRAHMAN a.k.a. ABU AL RAHMAN ) a.k.a. ABU RAHMAN ) ) Defendant. ) - 1 - Case 3:15-cv-01343-SI Document 1 Filed 07/20/15 Page 2 of 34 I. JURISDICTION AND VENUE 1. This is an action under 8 U.S.C. § 1451(a) to revoke and set aside the order admitting Mohamed Sheikh Abdirahman Kariye a.k.a. Mohamed Sheikh Abdirahman a.k.a. Sheikh Kariye a.k.a. Sheikh Mohamed Abdirahman a.k.a. Mohamed Abdulrahman Maxamed Sheikh Cabdiraxman Kariye a.k.a. Abu Hafsa a.k.a.