15 Holder v. Humanitarian Law Project, 130 S. Ct. 2705 (2010). For the Supreme Courtdecision, see https://ccrjustice.org/holder-v-humanitarian-law-project. See also MichaelDeutsch, “Justice Department Prepares for Expansion of Law Prohibiting ‘MaterialSupport’ for Terrorism,” Information Clearing House, November 14, 2010,http://www.informationclearinghouse.info/article26815.htm. 16 See Hedges v. Obama, http://en.wikipedia.org/wiki/Hedges_v._Obama. JournalistChris Hedges and others sued the Obama Administration and Congress in January 2012over the provisions of the National Defense Authorization Act (NDAA) of 2012,claiming that, among other issues, “...the vagueness of critical terms in the NDAA couldbe interpreted by the federal government in a way that authorizes [it] to label journalistsand political activists who interview or support outspoken critics of the Obamaadministration's policies as ‘covered persons,’ meaning that they have given ‘substantialsupport’ to terrorists or other ‘associated groups.’” In July 2013, the Second CircuitCourt of Appeals overturned a district court ruling for the plaintiffs, saying that theplaintiffs lacked standing to challenge the NDAA.17 The government has even suggested that a lawyer would be guilty of material supportfor terrorism for filing a brief on behalf of a DTO asking that the organization beremoved from the terrorist list. During oral argument in Holder v. Humanitarian LawProject in February 2010, then-Solicitor General Kagan “...talked herself into sometrouble in arguing that the law might make it a criminal act for a blacklisted group evento hire a lawyer to put its views before a U.S. court...” See Lyle Denniston, “Analysis:Anti-terrorism case not an easy one,” SCOTUSblog, February 23, 2010,http://www.scotusblog.com/2010/02/analysis-anti-terrorism-case-not-an-easy-one/18 See the Tarek Mehanna case in Appendix B.19 See, for example, Ehsanul “Shifa” Sadequee, Ziyad Yaghi, and Javed Iqbal inAppendix B. See also Karin Friedemann, “CMU Prisoner Shifa Sadequee’s SisterSpeaks to TMO,” The Muslim Observer, June 27, 2013,http://muslimmedianetwork.com/mmn/?p=13450. Regarding Javed Iqbal, see “US jailsman over Hezbollah channel,” Aljazeera, April 29, 2009,http://english.aljazeera.net/news/americas/2009/04/2009423233919457969.html20 Cases in which defendants were convicted (or charged) primarily on free speechcharges include Tarek Mehanna, the Holy Land Foundation, Ali Al-Timimi, Ehsanul“Shifa” Sadequee, Javed Iqbal, and Sami Al-Arian. The latter was acquitted of thecharges but was later charged with refusing to testify before a grand jury about the verycharges for which he was found not guilty. A motion to dismiss this obvious perjury46
trap has been pending for years and is still undecided as of this writing, while thedefendant remains under a form of house arrest.21 Cases involving conspiracy convictions include Ziyad Yaghi, Aref-Hossain, and theFort Dix Five.22 Cases involving the criminalization of charitable intentions include the Holy LandFoundation, Dr. Rafil Dhafir, and Kifah Jayyousi. See Katherine Hughes,“Humanitarian Pays with Life for Feeding the Children of Iraq,” Truthout, March 13,2011, http://www.truth-out.org/humanitarian-pays-with-life-feeding-childreniraq68317,and Allison Deger, Adam Horowitz, and Annie Robbins, “‘This is travestyof American criminal justice’: Supreme Court denies Holy Land Five appeal,”Mondoweiss, October 29, 2012, http://mondoweiss.net/2012/10/breaking-supremecourt-denies-holy-land-five-appeal.html23 Cases involving social hospitality include Ali Asad Chandia and Fahad Hashmi. SeeAndy Worthington, “Fahad Hashmi and Terrorist Hysteria in US Courts,” CommonDreams, April 29, 2010, http://www.commondreams.org/view/2010/04/29-7 24 For example, Fahad Hashmi and Tarik Shah pleaded guilty; each was sentenced tofifteen years. See their entries in Appendix B. 25 For example, the Virginia Paintball Network and the Houston Taliban. See Cassel, “IsPlaying Paintball and Firing Legal Guns...”, note 4.26 For example, Kifah Jayyousi, José Padilla, and Enaam Arnaout.27 The Lackawanna Six, for example, received training in Afghanistan before 9/11, butrealized after 9/11 that the U.S. would be a target of the training and did nothing morewith it. See Dina Temple-Raston, The Jihad Next Door, The Lackawanna Six andRough Justice in the Age of Terror (Philadelphia: Public Affairs Books [Perseus BooksGroup], 2007).28 For example, the Virginia Paintball Network.29 For example, Tarek Mehanna and Ehsanul “Shifa” Sadequee.30 See the Newburgh Four, Appendix B, and Gordon Corera, “Have U.S. anti-terrortactics strayed into entrapment?”, BBC, September 2011,http://news.bbc.co.uk/2/hi/programmes/newsnight/9584637.stm47
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INVENTING TERRORISTSThe Lawfare of
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and was released in February 2011.
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circumstances,” nationality, and
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appropriate care, treatment, and me
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manipulation to try to create an in
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Hashmi was extradited to the U.S. i
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Muslim charity in the U.S. In 2007,
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cooperate with the FBI. The FBI eve
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easy to prosecute terrorists, even
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about the phone call from Maldonado
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attorney, Montes accepted this prop
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Steve Duin, “Jihad at Pioneer Cou
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After the defendants were arrested,
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Later, FBI officials contacted Niaz
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district judge in California, but i
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Atlanta Penitentiary in August 2006
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Rafiq Sabir, a physician, to provid
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monitored all of her communications
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arrested both men. The attacker was
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they were building an Islamic utopi
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Ziyad Yaghi, Omar Hassan, Hysen She
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more about Boyd than they were sayi
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APPENDIX CBibliography
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Becker, Andrew, G.W. Schulz, and Da
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Eberhardt, Sally, and Jeanne Theoha
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-----. “The FBI’s anticipatory
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_____. “NSA phone record collecti
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Silver, Charlotte. “Stateless in
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Associated Press. “5 years later,
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Hanners, David. “Terrorist traine
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McFadden, David. “3 From NY Terro
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United States v. Viktor Bout. “Or
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[Aref-Hossain case] “Muslim Solid
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Accompanied by Appendix B: Chronolo
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Offices of the Inspectors General (