Gary Fitleberg, December 22, 2004

The best way to combat terrorism is to bankrupt the terrorists. Terrorists have long used charities to disguise their fundraising operations.

America is tough on terrorism and the U.S. has lifted laws protecting these charities for terror.

A federal appeals court lifted a 2002 injunction that barred the government from prosecuting a Los Angeles group if it aids organizations labeled as supporting terrorism.

The decision Tuesday by the 9th U.S. Circuit Court of Appeals came days after President George W. Bush signed legislation overhauling U.S. intelligence gathering and terror-enforcement rules; the reforms virtually outlaw any form of assistance to terror groups.

The court cited the legislation in its ruling.

The court did not, however, comment on whether the group - the Humanitarian Law Project - could rightly be prosecuted if it provided advice to two groups in Sri Lanka and Turkey that the State Department has listed as terror organizations. Instead, it sent the case back to the lower courts.

David Cole, a Georgetown University School of Law scholar who won the injunction on behalf of the Humanitarian Law Project, said the group intends to continue to try to block any prosecution.

"The end goal is to get another injunction," he said.

A 1996 law created after the attack on the Oklahoma City federal building makes it illegal to provide financial assistance to groups listed as terror organizations.

The Los Angeles group, however, wanted to donate personnel and training time to teach the organizations about human rights and peacemaking, according to court documents. It challenged the law in federal court, Cole said.

In 2003, the 9th Circuit said the Humanitarian Law Project could donate such services because the law didn't specifically outlaw such assistance.

The bill Bush signed Friday, however, outlaws virtually any form of assistance to roughly 30 organizations the State Department says are linked to terrorism.

Justice Department spokesman John Nowacki said the government was pleased with the court's ruling but declined further comment.

The decision comes a day after a different panel of the 9th Circuit reinstated indictments against seven defendants accused of raising money for a terror organization with links to ousted Iraqi ruler Saddam Hussein.

Gary Fitleberg is a Political Analyst specializing in International Relations with emphasis on Middle East affairs.

Copyright © 2004 Gary Fitleberg