One of the most under-reported political stories of the last year is the devoted advocacy of numerous prominent American political figures on behalf of an Iranian group long formally designated as a Terrorist organization under U.S. law. A large bipartisan cast has received substantial fees from that group, the Mojahedin-e Khalq (MEK), and has then become their passionate defenders. The group of MEK shills includes former top Bush officials and other Republicans (Michael Mukasey, Fran Townsend, Andy Card, Tom Ridge, Rudy Giuliani) as well as prominent Democrats (Howard Dean, Ed Rendell, Bill Richardson, Wesley Clark). As The Christian Science Monitor reported last August, those individuals “have been paid tens of thousands of dollars to speak in support of the MEK.” No matter what one thinks of this group – here is a summary of its activities – it is formally designated as a Terrorist group and it is thus a felony under U.S. law to provide it with any “material support.”
There are several remarkable aspects to this story. The first is that there are numerous Muslims inside the U.S. who have been prosecuted for providing “material support for Terrorism” for doing far less than these American politicians are publicly doing on behalf of a designated Terrorist group. A Staten Island satellite TV salesman in 2009 was sentenced to five years in federal prison merely for including a Hezbollah TV channel as part of the satellite package he sold to customers; a Massachusetts resident, Tarek Mehanna, is being prosecuted now ”for posting pro-jihadist material on the internet”; a 24-year-old Pakistani legal resident living in Virginia, Jubair Ahmad, was indicted last September for uploading a 5-minute video to YouTube that was highly critical of U.S. actions in the Muslim world, an allegedly criminal act simply because prosecutors claim he discussed the video in advance with the son of a leader of a designated Terrorist organization (Lashkar-e-Tayyiba); a Saudi Arabian graduate student, Sami Omar al-Hussayen, was prosecuted simply for maintaining a website with links “to groups that praised suicide bombings in Chechnya and in Israel” and “jihadist” sites that solicited donations for extremist groups (he was ultimately acquitted); and last July, a 22-year-old former Penn State student and son of an instructor at the school, Emerson Winfield Begolly, was indicted for — in the FBI’s words — “repeatedly using the Internet to promote violent jihad against Americans” by posting comments on a “jihadist” Internet forum including “a comment online that praised the shootings” at a Marine Corps base, action which former Obama lawyer Marty Lederman said “does not at first glance appear to be different from the sort of advocacy of unlawful conduct that is entitled to substantial First Amendment protection.”
Yet here we have numerous American political figures receiving substantial fees from a group which is legally designated under American law as a Terrorist organization. Beyond that, they are meeting with the Terrorist leaders of that group repeatedly (Howard Dean told NPR last year about the group’s leader, Maryam Rajavi: “I have actually had dinner with Mrs. Rajavi on numerous occasions. I do not find her very terrorist-like” and has even insisted that she should be recognized as Iran’s President, while Rudy Giuliani publicly told her at a Paris conference in December: “These are the most important yearnings of the human soul that you support, and for your organization to be described as a terrorist organization is just simply a disgrace”). And, after receiving fees from the Terrorist group and meeting with its Terror leaders, these American political figures are going forth and disseminating pro-MEK messages on its behalf and working to have it removed from the Terrorist list.
Given all the prosecutions of politically powerless Muslims for far fewer connections to Terrorist groups than the actions of these powerful (paid) political figures, what conceivable argument is there for not prosecuting Dean, Giuliani, and the rest of them for providing “material support for Terrorism”? What they are providing to MEK is the definitive “material support.” Although these activities (along with those of the above-listed prosecuted Muslims) should be protected free speech, the U.S. Government has repeatedly imprisoned people for it. Indeed, as Georgetown Law Professor David Cole noted, these activities on behalf of MEK are clearly prosecutable as “material support for Terrorism” under the standard advocated by the Bush and Obama DOJs and accepted by the Supreme Court in the Holder v. Humanitarian Law case of 2009, which held that even peaceful advocacy on behalf of a Terrorist group can be prosecuted if done in coordination with the group (ironically, many of these paid MEK supporters have long been advocates of broad application of “material support” statutes (when applied to Muslims, that is) and have even praised the Humanitarian Law case). If we had anything even remotely approaching equal application of the law, Dean, Giuliani, Townsend and the others would be facing prosecution as Terrorist-helpers.
Read the full article with updates at Salon.com