John McCain’s Islamist Photo Op and the Problem with ‘Material Support’
Senator John McCain undermined the point of his trip to Syria—to prove that it really is possible to arm the right rebels and not the wrong ones—by posing with what the Lebanese press has claimed are Islamist kidnappers. Even the reliably hawkish Andrew McCarthy is cracking jokes. Allahpundit gets it right:
… [McCain] actually says at 4:40 that the rebels “are trying to achieve the same thing that we have shed American blood and treasure for for well over 200 years.” It’s one thing to believe that 10 years ago, before a series of exceptionally hard lessons in Iraq and Afghanistan and Libya and Egypt; it’s another to believe it now. It’s so surreally untrue that it eclipses McCain’s one solid realpolitik-minded argument here, that aiding the Sunni rebellion is a way to weaken Iran and, especially, Hezbollah by bleeding them in a Vietnamish quagmire of their own. We’ve spent two years watching Egypt bend towards Islamism and now here’s Maverick attempting to sell the public again on the idea that Syria’s a liberal democracy in the eventual making if we just pick the right people to empower, knowing full well that the Syrian Muslim Brotherhood probably constitutes one of the milder expressions of Islamic fundamentalism among the rebel hordes.
Of course, McCain’s office pushed back hard, saying “it would be ludicrous to suggest that the senator in any way condones the kidnapping of Lebanese Shia pilgrims or has any communication with those responsible.”
But that isn’t really the point. The point is that he didn’t know what sort of people they were and turned out to be wrong.
More troublingly, apart from being inappropriate meddling by the legislative branch in a tense diplomatic situation, McCain’s photo-op could possibly constitute ‘material support’ for terrorists under the PATRIOT Act, as Doug Bandow points out:
Having his photo taken with Islamic extremists could reasonably be interpreted as an endorsement, which, based on past cases, could be seen as providing “material support” for terrorism. Presumably that isn’t what Sen. McCain intended. But the law’s application is not based on intent.
To be fair to the rest of us, the Justice Department should investigate. The alternative would be for Senator McCain to launch a legislative effort to restrict the application of the law to what most people would reasonably consider to be aiding terrorists. …
A legislative rewrite obviously would be the best response. Still, as much as I oppose vague and ambiguous criminal enactments by the federal government, I would enjoy seeing Senator McCain in the dock. It would be cosmic justice for his support of the catastrophic invasion in Iraq and endless occupation of Afghanistan.
This vague, sweeping definition of ‘material support‘, defined in the 2010 case Holder v. Humanitarian Law also made the likes of John Bolton, Howard Dean, Tom Ridge, Louis Freeh, and Clarence Page terrorist supporters under the government’s own definition, for giving paid speeches on behalfof the Mujahideen-e-Khalq. The Islamo-marxist cult was de-listed late last year after a coordinated lobbying campaign headed up by the agency that represented Muammar Qaddafi and Bashar Al-Assad.
Count me with Bandow in thinking it would have been nice to see some law enforcement agency be consistent enough to arrest and jail any of the above supporters of terrorists, if just to prove a point about the overreach of executive power since 9/11. But why quibble over some abstract principle like equal justice under the law when there are terrorists to