18 U.S.C. 2339A makes it a crime to provide "material support or resources" in furtherance of various specified crimes.Section 2339B imposes criminal punishment on anyone who "knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so." Under section 2339B, a foreign terrorist organization is any group designated as such by the Secretary of State after he or she finds that the organization (1) is foreign, (2) engages in terrorism as defined in other statutes, and (3) threatens the security of the United States or its citizens.Al Qaeda is such a designated foreign terrorist organization. Both sections define "material support" to include the provision of "personnel," specifically including "oneself." John Walker Lindh, the so-called American Taliban, was charged under section 2339B. SeeUnited States v. Lindh, 212 F. Supp. 2d 541 (E.D. Va. 2002). Radical lawyer Lynne Stewart was convicted under section 2339A, in connection with her legal representation of an Islamic terrorist cleric. SeeUnited States v. Sattar, 395 F. Supp. 2d 79 (S.D.N.Y. 2005).

Suppose that an American attends an Al Qaeda training camp, becomes well versed in explosives and weaponry, and returns to the United States, where he lives quietly and otherwise lawfully. Suppose further that this person swears fealty to Al Qaeda and its objectives.1) May the United States validly prosecute and convict him under section 2339B for providing material support to Al Qaeda in the form of his person? 2) What issues are presented? 3) What cases are most relevant to the disposition of the issue?

Answer rating: 100% (QA)

Answer 1 The United States may validly prosecute and convict the individual under section 2339B for providing material support to Al Qaeda in the form ... View the full answer