The Political Conundrum!

In its inaugural case, the newly established Supreme Court of the United Kingdom heard arguments in a challenge to the nation's counter-terrorist financing policies. The case, A v. Her Majesty's Treasury will provide an opportunity for the Court to consider the narrow question of asset seizures in terrorism investigations as well as the broader issue of controlling Executive branch actions towards terrorist suspects. As Lord Phillips, the head of the new court, explained in discussing the importance of the case:

"It's one of a number of cases which we have had to deal with where there may be a tension of human rights on the one hand and dealing with the challenge of terrorism on the other."

The consolidated appeals in the case were brought by six unnamed individuals who have been designated by the Treasury under the Terrorism Order of 2006, the equivalent of U.S. Executive Order 13224. Similar to American terrorist-financing laws barring financial support for terrorist groups, once designated, a person's assets may be frozen indefinitely.

The appellants in question were designated because of their alleged connection to Al Qaeda and the attackers behind the London bombings. Following a brief administrative hearing, the total assets of each of the men were frozen by the Treasury. They complained that these actions deprived them of their property without notice or an opportunity for a hearing.

Having had his assets frozen, the named appellant, who has since been identified as Mohammed al-Ghabra, challenged the legality of the order. The trial court dismissed the order on the grounds that the order was too vague and there were insufficient procedural safeguards prior to designation. Interestingly enough, these are the same types of grounds upon which U.S. efforts at counter-terrorist financing prosecutions have been challenged and generally upheld.

Upon review, the UK Court of Appeals reversed in a 2-1 decision, rejecting each of the lower court's findings.

Upholding the ability of the Crown to act absent Parliament, the Court of Appeals explained, that the Treasury was simply applying U.N. Security Council policies regarding the suppression of terrorist financing. In particular, the Court relied upon Security Council Resolution 1373, which requires member states to "freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts…"

Stressing the preventative nature of the CTF regime introduced by the Security Council and the need to prevent acts of terrorism, the court ruled that the Treasury acted appropriately in freezing the assets based on a "reasonable suspicion" that the appellants were engaged in financial and logistical support for Al Qaeda.

The Court of Appeals also rejected the lower court's finding that the use of secret evidence at the asset freeze hearing was improper. In the eyes of the court, rather than completely quash the Terrorist Order as the lower court had done, the proper approach would have been to simply provide effective procedural protections.

Having had each of their arguments struck down by the Court of Appeals, the appellants have asked the Supreme Court of the United Kingdom to reverse the decision and reinstate the trial court decision quashing the Terrorism Order. This is a newly established court, and there is little way to know which direction they will rule. This case is reminiscent of the daily battles that federal prosecutors must fight ensuring that those who provide financial assistance to terrorist organizations are punished. It is certainly interesting to see how other nations have chosen to respond to the spread of terrorist financing. Of even greater importance, however, will be whether this newly formed court will recognize the dangers of these crimes and allow the Treasury to combat it appropriately.

Al-Qaida's role in Afghanistan has faded after eight years of war. Gone is the once-formidable network of camps and safe houses where Osama bin Laden and his mostly Arab operatives trained thousands of young Muslims to wage a global jihad.

President Obama is gathering his national security team for another strategy session on Afghanistan eight years after the war started and as a new poll shows public support declining. Gen. Stanley McChrystal, has bluntly warned that more troops are needed to right the war,

Somali pirates in two skiffs fired on a French navy vessel early Wednesday after apparently mistaking it for a commercial boat, the French military said. The French ship gave chase and captured five suspected pirates.

Japan's new foreign minister said Wednesday that he wants to review the deployment of U.S. troops in his country to ease the burden on the people of Okinawa and ensure that the American military presence in Japan endures.

The U.S. Senate approved a $625.6 billion Pentagon budget that includes $128.6 billion for U.S. military operations overseas.

This video is a compilation of footage from different news outlets to include CNN, Fox News, Al-Jazeera, ABC News. It is interesting to watch as it appears to me that Al-Jazeera seems to be the only one that is agnostic to political party lines.

 

 

Europe must step up its efforts in Afghanistan if it wants to avoid straining relations with the United States, NATO Secretary General Anders Fogh Rasmussen warned Wednesday.

The NEFA Foundation has released a new backgrounder on Abdullah al-Faisal; an extremist ideologue based in Jamaica who reaches supporters worldwide via the Internet, and through extensive international travel, particularly to Africa. Al-Faisal formerly resided in the UK, and was of such sufficient concern there that he was arrested for inciting murder, and accused of inspiring young Muslims to travel abroad for training or to participate in violent jihad. Al-Faisal has been credited with providing spiritual mentorship to men connected with terrorist acts and major plots including 7/7 London transit bombers Mohammed Sidique Khan and Germaine Lindsay and James Ujaama, an American who conspired to establish a jihad training camp in Bly, Oregon. In 2003, al-Faisal became the first person in 100 years to be found guilty in British court of soliciting murder under section four of the Offences against the Person Act 1861, on the basis that he "encouraged others to murder persons unknown." He was sentenced to seven years in prison, but was released in May 2007 after serving only four years, and was extradited back to his native Jamaica.

This NEFA Backgrounder shows that, since his release, al-Faisal has resumed preaching the same brand of extremist Islam that had precipitated his arrest and landed him in prison in the UK.

The full report can be accessed here.