United States law is quite explicit about providing material support to terrorists: it’s prohibited. Period. 18 U.S. Code § 2339A and 18 U.S. Code § 2339B address Providing Material Support to Terrorists or Designated Foreign Terrorist Organizations. Together, these two sections outlaw the actions of any U.S. person who attempts or conspires to provide, or actually does provide, material support to a foreign terrorist organization knowing that it has been designated a foreign terrorist organization or engages, or has engaged, in “terrorism” or “terrorist activity.”
Read the Clare Lopez report
Career Foreign Service Officer Christopher Stevens was first posted to the American Embassy in Tripoli, Libya in June 2007 as the DCM and later as charge d’affaires until 2009. For his second tour in Libya, Stevens was sent to rebel headquarters in Benghazi, Libya, to serve as special representative to the Libyan Transitional National Council. He arrived on a Greek cargo ship on April 5, 2011 and stayed until November. His mission was to forge stronger links with the Interim Transitional National Council, and gain a better understanding of the various factions fighting the Qaddafi regime. His reports back to Washington were said to have encouraged the U.S. to support and recognize the rebel council, which the Obama administration did formally in July 2011.
As is now known, under urging from Sen. John McCain and other Congressional members, the White House endorsed Qatar’s plan to send weapons to the Libyan rebels shortly after Yousef al-Qaradawi, the senior jurist of the Muslim Brotherhood, issued a 21 February 2011 fatwa that called for the killing of Qaddafi. Seeking a “zero footprint,” no-paperwork-trail profile itself, the U.S. instead encouraged both Qatar and the United Arab Emirates (UAE) to arm the Libyan jihadis, according to a key New York Times article published in
December 2012. Knowing full well exactly who those rebel militias and their leadership were, and how closely they were connected with al-Qa’eda (and perhaps even mindful of the legal restrictions on providing material support to terrorism), the U.S. sought to distance itself as the source of these weapons, which included small arms such as automatic rifles, machine guns, and ammunition. The NY Times piece noted that U.S. officials made sure to stipulate the weapons provided would come from elsewhere, but not from the U.S.
But the fact that from the end of March 2011 onward, U.S. and other NATO forces completely controlled Libyan air space and the sea approaches to Libya means that the cargo planes and freighters transporting the arms into Libya from Qatar and elsewhere were being waved through with full U.S. knowledge and support. The U.S. mission in Libya, and especially in Benghazi, ramped up in this period to facilitate the delivery of the weapons to the Libyan al-Qa’eda terrorists. ...
The next chapter in the U.S. jihad wars was underway, with a new Presidential Finding, and material support to terrorism firmly established as official policy. Congress and the media and the military remained silent. The American people barely noticed.
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