Vo.4-Moshirnia-Final
Vo.4-Moshirnia-Final
Vo.4-Moshirnia-Final
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2013 / Valuing Speech and OSINT in the Face of Judicial Deference 438<br />
doubt, Count One would appear to be very vulnerable to a<br />
First Amendment challenge. 283<br />
Begolly pleaded guilty and so this First Amendment question was never<br />
explored.<br />
Of course, there is some evidence that the Government will not<br />
bring criminal charges when a clearly materially supportive speaker is nonmuslim<br />
and well respected. There was a concerted effort to remove MEK<br />
from the FTO list. 284 In the course of this campaign, MEK spent millions of<br />
dollars to gain the support of former politicians, such as former mayor<br />
Rudolph Guliani, former Homeland Security Advisor Fran Townsend, and<br />
former Pennsylvania Governor Ed Rendell. In the case of Rendell, the<br />
MEK paid him $20,000 for a ten-minute speech he made on their behalf.<br />
He is currently under investigation by the Treasury Department for taking<br />
such fees. However, he appears to be the only member of a large support<br />
group including Rudy Giuliani, Howard Dean, Michael Mukasey, Andy<br />
Card, Lee Hamilton, Tom Ridge, Bill Richardson, Wesley Clark, Michael<br />
Hayden, John Bolton, Louis Freeh and Fran Townsend, to be investigated.<br />
And none of these individuals has been charged with material support. 285<br />
D. HLP and Bahlul threaten to further Chill Speech in Combination<br />
It is axiomatic that broadening the scope of a criminal speech<br />
sanction will chill speech at the boundary of that sanction. It is clear the<br />
Government intends to prosecute not only advocacy directed towards<br />
imminent lawless action, but also offensive propaganda and political<br />
argument. 286 By expanding the sanction, the Government may chill the<br />
283 Lederman, supra note 281.<br />
284 Scott Peterson, Iranian Group’s Big-Money Push to get off US Terrorist List, THE CHRISTIAN<br />
SCIENCE MONITOR, Aug. 8, 2011, http://www.csmonitor.com/World/Middle-<br />
East/2011/0808/Iranian-group-s-big-money-push-to-get-off-US-terrorist-list.<br />
285 These efforts eventually succeeded in the de-listing of MEK, but commentators have<br />
pointed out that this does not retroactively immunize individuals who provided material<br />
support to the organization. See Greenwald, supra note 116.<br />
286 See Brief for Appellant at 9, Al Bahlul v. United States, CMCR (No. 09-001), available at<br />
http://www.defense.gov/news/6%20%20%20United%20States%20v%20%20al%20Bahl<br />
ul%20-%20Brief%20for%20Appellant%20(1%20September%202009).pdf. Several<br />
intelligence officers have argued that this propaganda is itself valuable OSINT. Brief for the<br />
United States Intelligence Community Amicus Curiae in applying First Amendment<br />
protected speech rights in Support of Appellant, Al Bahlul v. United States, CMCR (No.