Supreme Court On ‘Moderate’ Terrorists: Fuggedaboutit

Bad news today for President Obama, his Counterterrorism and Homeland Security Advisor, John Brennan, and other proponents of the idea that the United States can safely reach out to “moderate” elements within terrorist organizations like Hamas, Hezbollah and the Taliban.  In a 6-3 ruling, the U.S. Supreme Court found that no distinction can be made between violent and non-violent wings of such groups and that the former will be beneficiaries of whatever “material support” is given them.

As Stephen Landman of the indispensable Investigative Project on Terrorism’s IPT News reported in a post Monday:

“The court roundly rejected the claims that there’s a distinction between aid to a terrorist group’s “social” wing, as opposed to its military wing….:

Material support meant to “promote peaceable, lawful conduct” can further terrorism by foreign groups in multiple ways. Material support is a valuable resource by definition. Such support frees up other resources within the organization that may be put to violent ends. It also importantly helps lend legitimacy to foreign terrorist groups – legitimacy that makes it easier for those groups to persist, to recruit members, and to raise funds – all of which facilitate more terrorist attacks.

As a result of this ruling upholding the material support statute, it remains illegal to provide to designated terrorist groups “any property, tangible or intangible, or service, including currency or monetary instrument or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (one or more individuals who may be or include oneself), and transportation, except medicine or religious materials.”

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