United States v. Iqbal, (SDNY)

This indictment in the Southern District of New York concerns two individuals, Javed "John" Iqbal and Saleh Elahwal, who are accused of violating a number U.S. laws:

• 18 USC 2339B -- Providing material support or resources to designated foreign terrorist organizations
• 22 USC 287c -- Economic and communication sanctions pursuant to United Nations Security Council Resolution
• Executive Order 13324 -- Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (September 23, 2001)
  
• 31 C.F.R. Part 594 -- Global Terrorism Sanctions Regulations

While this list is not definitive, it covers the laws most pertinent to issues of national security and support for global terrorism in particular.

Iqbal and Elahwal operated the HDTV Corporation, which had as its purpose the provision of satellite television programming to customers in the New York City area. However, they were particularly interested in rebroadcasting material that they obtained from Al Manar, the Lebanon-based channel owned and operated by Hizbollah. In fact, the indictment alleges that they received thousands of dollars from Al Manar after signing a contract to broadcast Hizbollah programming in the United States. Additionally, they sent samples of satellite broadcast equipment to Lebanon to obtain Al Manar's approval for larger purchases.

Hizbollah was deemed a Foreign Terrorist Organization by the Secretary of State in 1997, and it is therefore illegal under 18 USC 2339B for Iqbal and Elahwal to provide them with any "material support or resources." Further, the Department of Treasury designated Al Manar as a Specially Designated Global Terrorist in 2006, in accordance with Executive Order 13224.

It will be interesting so see how this indictment plays out, especially given the interest that civil liberties groups will have in the issue. One can see how the attorneys for Iqbal and Elahwal may attempt to argue that the rebroadcasting of the Al Manar programs is an example of free speech. Expect to see the International Action Center and Ramsey Clark involved in this.