INTRO [announcer]: Life after center court turns hot. Tennis legend Martina Navratilova, is she anti-American? Tonight, Martina sets the record straight with Connie. . . .

CHUNG [intro]:  It’s not the game that’s now getting Navratilova in the news again. The very personal admission to a paper that she wants to adopt a child and some very damaging quotes in German newspaper allegedly made by the tennis phenom. . . . All of this has pitted Navratilova against the country that has given her so much.

CHUNG [interview starts]: All right. I’m going to read what was said, a quote from that German newspaper. Quote: “The most absurd part of my escape from the unjust system is that I have exchanged one system that suppresses free opinion for another. The Republicans in the U.S. manipulate public opinion and sweep controversial issues under the table. It’s depressing. Decisions in America are based solely on the question of how much money will come out of it and not on the questions of how much health, morals or environment suffer as a result.”

So, is that accurate? . . . .

NAVRATILOVA: Well, obviously, I’m not saying this is a communist system, but I think we’re having — after 9/11, there’s a big centralization of power. President Bush is having more and more power. John Ashcroft is having more and more power. Americans are losing their personal rights left and right. I mean, the ACLU is up in arms about all of the stuff that’s going on right now. . . .

CHUNG: Can I be honest with you? I can tell you that when I read this, I have to tell you that I thought it was un-American, unpatriotic. I wanted to say, go back to Czechoslovakia. You know, if you don’t like it here, this a country that gave you so much, gave you the freedom to do what you want.

NAVRATILOVA: And I’m giving it back. This is why I speak out. When I see something that I don’t like, I’m going to speak out because you can do that here. And again, I feel there are too many things happening that are taking our rights away. 

CHUNG: But you know what? I think it is, OK, if you believe that, you know, then go ahead and think that at home. But why do you have to spill it out? You know, why do you have to talk about it as a celebrity so that people will write it down and talk about what you said?

NAVRATILOVA: I think athletes have a duty to speak out when there is something that’s not right, when they feel that perhaps social issues are not being paid attention to. As a woman, as a lesbian, as a woman athlete, there is a whole bunch of barriers that I’ve had to jump over, and we shouldn’t have to be jumping over them any more.

CHUNG: Got you. But sometimes, when you hear celebrities saying something, do you ever say to yourself, I don’t care what so and so thinks, you know. Yes, go ahead and say whatever you want to say. But you’re not a politician. You’re not in a position of government power or whatever.

NAVRATILOVA: No. And I just might do that. I may run for office one of these days and really do make a difference. But…

CHUNG: Are you kidding me?

NAVRATILOVA: No, I’m not. One of these days, hopefully. But when you say go back to Czech Republic, why are you sending me back there? I live here. I love this country. I’ve lived here 27 years. I’ve paid taxes here for 27 years. Do I not have a right to speak out? Why is that unpatriotic?

CHUNG: Well, you know the old line, love it or leave it. 

I can’t even put into words how ugly that is on almost every level: the nativism and jingoism, the equation of dissent with lack of patriotism, the imperious decree of who should and should not remain in the country, the total abandonment of journalistic pretense. My first reaction was to think that this was very reflective of the political climate that prevailed back then, as though it were some temporary by-product of the 9/11-produced hysteria. But on second thought, I’m not sure that’s true. I don’t recall this exchange generating much controversy; would it now? I doubt it.

The Other Side revolves around a school-going child in Miranshah, the capital of North Waziristan. The child’s neighborhood gets bombed after the people of the region are suspected for some notorious activities. He ends up losing all of his loved ones during the bombing and later becomes part of an established terrorists group who exploit his loss and innocence for their own interests.

On the reasons for picking such a sensitive topic, the film-maker said, “Most of the films being made right now are based on social issues, so we picked up an issue of international importance which is the abrogation of our national space by foreign countries.”

When asked how this film on terrorism will be different from all the others that have been released since 9/11, he said, “The film takes the audience very close to the damage caused by drone attacks. I have tried my best to connect all the dots that lead to a drone attack and have shot the prevailing aftermath of such attacks in a very realistic and raw manner.”

In particular, “the film identifies the problems faced by families who have become victims of drone missiles, and it unearths the line of action which terrorist groups adopt to use victimised families for their vested interests.” In other words, it depicts the tragedy of civilian deaths, and documents how those deaths are then successfully exploited by actual Terrorists for recruitment purposes.

We can’t have the U.S. public learning about any of that. In April, Qasim was selected as the winner of the Audience Award for Best International Film at the 2012 National Film Festival For Talented Youth, held annually in Seattle, Washington. Qasim, however, along with his co-producers, were prevented from traveling to the U.S. to accept their award and showcase their film because their request for a visa to travel to the U.S. was denied. The Tribune reported: “Despite being chosen for the award, the filmmakers were unable to attend the award ceremony as their visa applications were rejected twice. ’If we got the visa then it would have been easy for us to frame our point of view in front of the other selected youth filmmakers,’ Qasim said.” And:

“I believe the most probable reason for the visa denial was the sensitive subject of my film,” says Qasim. He recalls that when the visa officer asked about the subject matter of the film, he suggested making changes in the letter issued by his University upon hearing that the film dealt with terrorism and drone attacks.

“Although I made the changes to the letter according to the visa officer’s recommendation, they still rejected the visa and did not disclose the reason for it,” says a disappointed Qasim.

According to Qasim, “NFFTY is considered to be the biggest event for young film-makers of the world. Film schools as well as potential Hollywood producers attend the event in order to interact with young, talented film-makers. I’m disappointed that my team, especially my crew members Atiqullah, Ali Raza Mukhtar Ali and Waqas Waheed Awan, who made the film possible with their hard work and support, missed out on a major opportunity to represent Pakistan on an international forum.”

Although it’s not proven why the visa was denied — the U.S. government, needless to say, refuses to comment on visa denials — this case is similar to that of Shahzad Akbar, a Pakistani lawyer who had sued the CIA on behalf of civilian drone victims and was also denied a visa to travel to the U.S. to attend last month’s Drone Summit in Washington; the Obama administration relented and permitted him to travel to the U.S. only once a serious outcry arose. The Bush administration also routinely excluded Muslim critics of U.S. foreign policy from entering the U.S.

Banning filmmakers, lawyers, political activists, and scholars from entering your country out of fear of their criticisms is the behavior of an insecure, oppressive nation. It’s also natural behavior for political leaders eager to maintain an impenetrable wall of secrecy around their conduct.

Just to underscore how extreme is the Obama administration’s reflexive secrecy in such matters: yesterday, ABC News‘s Jake Tapper asked National Security Advisor Tom Donilon whether the U.S. Government compensates the innocent victims it kills outside of Afghanistan, and Donilon simply refused to answer (“I’m just not going to go there”). There’s no legitimate reason that this information should be concealed, but for a government that views disclosure as inherently unnecessary, that is enamored of its own secrecy power for its own sake, and that is desperate to prevent its citizens from knowing what it is doing, this sort of imperious decree of secrecy is the natural course (for an even more egregious case, see this amazing summary from the ACLU’s Ben Wizner on how Obama DOJ lawyers defend the U.S. government’s secret, definitively Kafkaesque, unappealable no-fly and Terrorist watch lists).

That the U.S. is routinely killing innocent civilians in multiple Muslim countries is one of the great taboos in establishment media discourse. A film that documents the horrors and Terror brought by the U.S. to innocent people — and the way in which that behavior constantly strengthens the Terrorists, thus eternally perpetuating its own justification — threatens to subvert that taboo. So this filmmaker is simply kept out of the country, in Pakistan, where he can do little harm to U.S. propaganda (as usual, U.S. government claims of secrecy based on national security are primarily geared toward ensuring effective propagnada — of the American citizenry). Isn’t it time for another Hillary Clinton lecture to the world on the need for openness and transparency? “Those societies that believe they can be closed to change, to ideas, cultures, and beliefs that are different from theirs, will find quickly that in our internet world they will be left behind,” she so inspirationally intoned last month.

The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.

As for the DOJ’s first argument — lack of standing — the court found that the plaintiffs are already suffering substantial injury from the reasonable fear that they could be indefinitely detained under section 1021 of the NDAA as a result of their constitutionally protected activities. As the court explained (h/t Charles Michael):

In support of their motion, Plaintiffs assert that § 1021 already has impacted their associational and expressive activities–and would continue to impact them, and that § 1021 is vague to such an  extent that it provokes fear that certain of their associational and expressive activities could subject them to indefinite or prolonged military detention.

The court found that the plaintiffs have “shown an actual fear that their expressive and associational activities” could subject them to indefinite detention under the law,and “each of them has put forward uncontroverted evidence of concrete — non-hypothetical — ways in which the presence of the legislation has already impacted those expressive and associational activities” (as but one example, Hedges presented evidence that his “prior journalistic activities relating to certain organizations such as al-Qaeda and the Taliban” proves “he has a realistic fear that those activities will subject him to detention under § 1021″). Thus, concluded the court, these plaintiffs have the right to challenge the constitutionality of the statute notwithstanding the fact that they have not yet been detained under it; that’s because its broad, menacing detention powers are already harming them and the exercise of their constitutional rights.

Significantly, the court here repeatedly told the DOJ that it could preclude standing for the plaintiffs if they were willing to state clearly that none of the journalistic and free speech conduct that the plaintiffs engage in could subject them to indefinite detention. But the Government refused to make any such representation. Thus, concluded the court, “plaintiffs have stated a more than plausible claim that the statute inappropriately encroaches on their rights under the First Amendment.”

Independently, the court found that plaintiffs are likely to succeed on their claim that the NDAA violates their Fifth Amendment due process rights because the statute is so vague that it is virtually impossible to know what conduct could subject one to indefinite detention. Specifically, the court focused on the NDAA’s authorization to indefinitely detain not only Al Qaeda members, but also members of so-called “associated forces” and/or anyone who “substantially supports” such forces, and noted:

Plaintiffs have shown a likelihood of success on their vagueness challenge. The terms upon which they focused at the hearing relate to who is a “covered person.” In that regard, plaintiffs took issue with the lack of definition and clarity regarding who constitutes an “associated forces,” and what it means to “substantially” or “directly” “support” such forces or, al-Qaeda or the Taliban. . . .

The Government was unable to define precisely what ”direct” or “substantial” “support” means. . . .Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.

Perhaps most importantly, the court categorically rejected the central defense of this odious bill from the Obama administration and its defenders: namely, that it did nothing more than the 2001 AUMF already did and thus did not really expand the Government’s power of indefinite detention. The court cited three reasons why the NDAA clearly expands the Government’s detention power over the 2001 AUMF (all of which I previously cited when denouncing this bill). 

First, “by its terms, the AUMF is tied directly and only to those involved in the events of 9/11,” whereas the NDAA “has a non-specific definition of ‘covered person’ that reaches beyond those involved in the 9/11 attacks by its very terms.” Second, “the individuals or groups at issue in the AUMF are also more specific than those at issue in § 1021″ of the NDAA; that’s because the AUMF covered those “directly involved in the 9/11 attacks while those in § 1021 [of the NDAA] are specific groups and ‘associated forces’.” Moreover, “the Government has not provided a concrete, cognizable set of organizations or individuals that constitute ‘associated forces,’ lending further indefiniteness to § 1021.” Third, the AUMF is much more specific about how one is guilty of “supporting” the covered Terrorist groups, while the NDAA is incredibly broad and un-specific in that regard, thus leading the court to believe that even legitimate activities could subject a person to indefinite detention.

The court also decisively rejected the argument that President Obama’s signing statement – expressing limits on how he intends to exercise the NDAA’s detention powers — solves any of these problems. That’s because, said the court, the signing statement “does not state that § 1021 of the NDAA will not be applied to otherwise-protected First Amendment speech nor does it give concrete definitions to the vague terms used in the statute.”

The court concluded by taking note of what is indeed the extraordinary nature of her ruling, but explained it this way:

This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.

I’ve been very hard on the federal judiciary in the past year due to its shameful, craven deference in the post-9/11 world to executive power and, especially, attempts to prosecute Muslims on Terrorism charges. But this is definitely an exception to that trend. This is an extraordinary and encouraging decision. All the usual caveats apply: this is only a preliminary injunction (though the court made it clear that she believes plaintiffs will ultimately prevail). It will certainly be appealed and can be reversed. There are still other authorities (including the AUMF) which the DOJ can use to assert the power of indefinite detention. Nonetheless, this is a rare and significant limit placed on the U.S. Government’s ability to seize ever-greater powers of detention-without-charges, and it is grounded in exactly the right constitutional principles: ones that federal courts and the Executive Branch have been willfully ignoring for the past decade.

UPDATE: I really should mention the rest of the plaintiffs who brought this lawsuit beyond the four well-known ones I named above, because each deserves immense credit for doing this. Alexa O’Brien is an independent journalist who writes for WL Central, regarding WikiLeaks, Guantanamo and other issues, and founded a website to work on America’s corrupted elections, U.S. Day of Rage. Kai Wargalla is a British activist who founded Occupy London and has done extensive work in advocating for WikiLeaks. Jennifer Bolen, who along with Hedges spearheaded the organization of this lawsuit, is an activist with Revolution Truth who did substantial work to defeat the NDAA.

Though I knew a fair amount about it as it proceeded, I hadn’t written about this lawsuit before, largely because I did not expect it to succeed; I anticipated that it would be dismissed on “standing” grounds, the favored tactic (along with the State Secrets privilege) for both the Bush and Obama DOJs to persuade federal courts not to even adjudicate constitutional challenges to the War on Terror powers. Serious kudos to all of the plaintiffs and lawyers here who persevered in what I’m certain they knew would be an uphill battle.

President Obama plans to issue an executive order Wednesday giving the Treasury Department authority to freeze the U.S.-based assets of anyone who “obstructs” implementation of the administration-backed political transition in Yemen.

The unusual order, which administration officials said also targets U.S. citizens who engage in activity deemed to threaten Yemen’s security or political stability, is the first issued for Yemen that does not directly relate to counterterrorism.

Unlike similar measures authorizing terrorist designations and sanctions, the new order does not include a list of names or organizations already determined to be in violation. Instead, one official said, it is designed as a “deterrent” to “make clear to those who are even thinking of spoiling the transition” to think again. . . .

The order provides criteria to take action against people who the Treasury secretary, in consultation with the secretary of state, determines have “engaged in acts that directly or indirectly threaten the peace, security or stability of Yemen, such as acts that obstruct the implementation of the Nov. 23, 2011, agreement between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power . . . or that obstruct the political process in Yemen.”

In other words, the U.S. Government will now punish anyone who is determined — in the sole discretion of the U.S. Government — even to “indirectly” obstruct the full transition of power to President Hadi. But what if someone — a Yemeni or an American — opposes Hadi’s rule and wants to agitate for a real election in which more than one candidate runs? Is that pure political advocacy, as it appears, now prohibited by the U.S. Government, punishable by serious sanctions, on the ground that it “obstructs” the transition of power to Hadi? Can journalists who report on corruption or violence by the Hadi regime and who write Op-Eds demanding a new election be accused, as it seems, of “threatening Yemen’s political stability”?

Jeremy Scahill, who has reported extensively from Yemen over the last year, reacted to the news of this Executive Order this morning by writing: ”This Executive Order appears to be an attack on Americans’ 1st Amendment Rights and Yemenis’ rights to self-determination“; he added: ”apparently the 1st Amendment had an exception about Yemen in it that I missed.” He then asked a series of questions, including: “What if a Yemeni citizen doesn’t believe in a one candidate ‘election’ and is fighting to change their government? US sanctions?” and ”How would Obama define an American citizen as ‘indirectly’ threatening the stability of Yemen’s government?” and “what if an American citizen doesn’t support Yemen’s government and agitates for its downfall? Sanctions from US Treasury? Wow.” Marcy Wheeler has some typically astute points to make about this as well.

The Post article notes that, as unusual as this Executive Order is, Obama issued a similar one for Somalia in 2009, and it has one other precedent: “In 2006, President George W. Bush issued a similar order regarding Ivory Coast in West Africa.” Newspapers should just create a template that says that for every article: this radical and controversial power that Obama has just seized for himself has its genesis in the executive power and war theories of Bush/Cheney. Except for the power to secretly target U.S. citizens for due-process-free assassination-by-CIA and the manic war on whistleblowers — those are Obama originals — that’s a reliable claim to make, which is the point.

When I first began writing about Bush’s War on Terror abuses, I would sometimes be asked whether America still protects certain liberties more than most other countries, and my answer would always be the same: First Amendment rights in the U.S. of free speech and a free press are still more robust than most other countries in the world. It was one realm which the Bush War on Terror had by and large — not entirely, but by and large — left alone. That is just no longer true. Under Obama, we have seen a series of aggressive erosions of even this right in the name of Terrorism.

The Obama DOJ persuaded the U.S. Supreme Court in Holder v. Humanitarian Law to adopt an extraordinarily broad interpretation of “material support” statutes, such that, as Georgetown Law Professor David Cole put it, the Court “–for the first time in its history—[held] that speech advocating only lawful, nonviolent activity can be subject to criminal penalty, even where the speakers’ intent is to discourage resort to violence.” We now routinely see from the Obama DOJ Terror prosecution of Muslim Americans grounded in the expression of their pure political views. Long before any alleged evidence emerged that U.S. citizen Anwar Awlaki had any involvement in any Al Qaeda plots, the Obama administration placed him on a “hit list” because of its fear of the efficacy of his anti-American sermons. American Muslims are routinely targeted by sophisticated FBI entrapment campaigns if their criticisms of U.S. foreign policy (constant bombing of Muslim countries) is sufficiently strident.

There seems to be little question that the Obama administration is devoted to imposing dictatorial order on Yemen through the use of force and liberty abridgment. As Scahill previously reported, Obama has played a direct personal role in the ongoing imprisonment of a Yemeni journalist who committed the crime of documenting the large number of civilian deaths from a U.S. cluster bomb attack on his country as well as exposing the joint lies of the Yemeni and U.S. Government. The latest U.S. drone strike in Yemen yesterday, even according to Yemeni officials, killed more civilians than alleged “militants.”  The bombing campaign in Yemen now increasingly resembles the one conducted in Pakistan, though Yemen saw more drone strikes this month than any previous month in Pakistan. AP reported yesterday that there are now U.S. troops on the ground aiding Yemeni soldiers in their fights against alleged AQAP members.

What’s most amazing about all of this is how covert it is. What percentage of Americans even know that the Obama administration is continuously bombing and killing civilians in Yemen, or that American soldiers are now on the ground there in an advisory capacity? How many network news shows air any questions about any of this, and how many MSNBC shows (other than this one) have ever stopped talking long enough about all the supreme GOP Evil to even mention to their progressive audience that any of this is happening or aired questions and challenges about it? I’d be willing to bet that the vast, vast majority of Yemen mentions — almost all — entail little more than grave warnings about the scary threats emanating from there against the U.S., combined with gleeful celebrations of all the glorious Terrorist Kills our strong, resolute, brave Commander-in-Chief has commanded. In the meantime, not only endless militarism and war march on unabated, but so, too, does the erosion of core liberties which it entails.

* * * * *

Speaking of ongoing erosions of core liberties: a bipartisan group of House members is attempting to enact a law specifying that the indefinite detention powers vested in the President by last December’s passage of the NDAA does not apply to those arrested on U.S. soil; in other words, they are trying to ban military detention on American soil without charges. Even though President Obama, after he signed the bill into law, said he does not intend to use these powers for that purpose, the sponsors of this bill are concerned that — because the law does vest this power — Obama could change his mind at any time or a subsequent President could use those powers. Unfortunately, they are being opposed by key Democratic Senators such as Carl Levin in close cooperation with standard neocon members of Congress. As one tweeter wrote to me yesterday about this: “The fact that government has to be told NOT to do that is insane.” Indeed, and it’s easy to forget how frequently true that is. But the War on Terror has so normalized even the most warped powers — warrantless eavesdropping, torture, indefinite detention, renditions, due-process-free-assassinations, Executive Orders like the one today — that it’s sometimes easy to forget that this is the only real reaction that should be needed.

UPDATE: Those wishing to defend actions such as the issuance of this Executive Order typically argue that although it has the potential to sweep up legitimate and innocent political activity, the U.S. Government intends to use it only to constrain the Bad People: those who seek to use violence or other illegitimate means to achieve their end. Click here for a very partial history of that assurance and then decide if you feel comfortable trusting it.

UPDATE II: The Executive Order has now been issued and, as Marcy Wheeler notes, it is extremely similar to what the Post article described (which makes sense given that the Post article was based on the statements of anonymous officials authorized to speak about it). The EO blocks the assets of “any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to have engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen.” One difference between this EO and the prior one issued for Somalia is that this one exempts U.S. government agencies, which means, as Wheeler puts it, that “while Obama doesn’t want you, or Ali Abdullah Saleh’s leave-behinds, or the AP to destabilize Yemen, he reserves the right for US government employees, grantees, or contractors to do so. Which presumably means, as happened in Afghanistan, we are and plan to continue paying some of the people who are in violation of this EO.” It is, then, in so many respects, a perfect expression of American justice when it comes to the War on Terror.

Now, needless to say, the State Department appears likely to accede to the demands of these paid bipartisan shills:

The Obama administration is moving to remove an Iranian opposition group from the State Department’s terrorism list, say officials briefed on the talks, in an action that could further poison Washington’s relations with Tehran at a time of renewed diplomatic efforts to curtail Iran’s nuclear program.

The exile organization, the Mujahedin-e Khalq, or MeK, was originally named as a terrorist entity 15 years ago for its alleged role in assassinating U.S. citizens in the years before the 1979 Islamic revolution in Iran and for allying with Iraqi strongman Saddam Hussein against Tehran.

The MeK has engaged in an aggressive legal and lobbying campaign in Washington over the past two years to win its removal from the State Department’s list. . . . Senior U.S. officials said on Monday that Secretary of State Hillary Clinton has yet to make any final decision on the MeK’s status. But they said the State Department was looking favorably at delisting MeK if it continued cooperating by vacating a former paramilitary base inside Iraq, called Camp Ashraf, which the group had used to stage cross-border strikes into Iran.

This highlights almost every salient fact about how Washington functions with regard to such matters. First, if you pay a sufficiently large and bipartisan group of officials to lobby on your behalf, you will get your way, even when it comes to vaunted National Security and Terrorism decisions; if you pay the likes of Howard Dean, Fran Townsend, Wesley Clark, Ed Rendell, Rudy Giuliani, Tom Ridge and others like them to peddle their political influence for you, you will be able to bend Washington policy and law to your will. As Andrew Exum put it this morning: “I guess Hizballah and LeT just need to buy off more former administration officials.”

Second, the application of the term “Terrorist” by the U.S. Government has nothing to do with how that term is commonly understood, but is instead exploited solely as a means to punish those who defy U.S. dictates and reward those who advance American interests and those of its allies (especially Israel). Thus, this Terror group is complying with U.S. demands, has been previously trained by the U.S. itself, and is perpetrating its violence on behalf of a key American client state and against a key American enemy, and — presto — it is no longer a “foreign Terrorist organization.”

Third, this yet again underscores who the actual aggressors are in the tensions with Iran. Imagine if multiple, high-level former Iranian officials received large sums of money from a group of Americans dedicated to violently overthrowing the U.S. government and committing acts of violence on American soil, and the Iranian Government then removed it from its list of Terror groups, thus allowing funding and other means of support to flow freely to that group.

Fourth, the rule of law is not even a purported constraint on the conduct of Washington political elites. Here, the behavior of these paid MeK shills is so blatantly illegal that even the Obama administration felt compelled to commence investigations to determine who was paying them and for what. As a strictly legal matter, removing MeK from the Terror list should have no effect on the criminality of their acts: it’s a felony to provide material support to a designated Terror group — which the Obama DOJ, backed by the U.S. Supreme Court, has argued, in a full frontal assault on free speech rights, even includes coordinating advocacy with such a group (ironically, some of this Terror group’s paid advocates, such as former Bush Homeland Security adviser Fran Townsend, cheered that Supreme Court ruling when they thought it would only restrict the political advocacy of Muslims, not themselves).

The fact that the Terror group is subsequently removed from the list does not render that material support non-criminal. But as a practical matter, it is virtually impossible to envision the Obama DOJ prosecuting any of these elite officials for supporting a group which the Obama administration itself concedes does not belong on the list. The removal of this group — if, as appears highly likely, it happens — will basically have the same effect, by design, as corrupt acts such as retroactive telecom immunity and the shielding of Bush war crimes and Wall Street fraud from any form of investigation: it will once again bolster the prime Washington dictate that D.C. political elites reside above the rule of law even when committing violations of the criminal law for which ordinary citizens are harshly punished.

* * * * *

Speaking of the assault on the free speech rights of Muslim critics of the U.S. under the guise of “material support” prosecutions (an assault which also erodes free speech rights for everyone), Michael May has a great long article in The American Prospect on the horrendous, free-speech-threatening prosecution of Tarek Mehanna, whose extraordinary sentencing statement I published here.

UPDATE: In 2003, when the Bush adminstration was advocating an attack on Iraq, one of the prime reasons it cited was “Saddam Hussein’s Support for International Terrorism.” It circulated a document purporting to prove that claim (h/t Hernlem), and one of the first specific accusations listed was this:

Iraq shelters terrorist groups including the Mujahedin-e-Khalq Organization (MKO), which has used terrorist violence against Iran and in the 1970s was responsible for killing several U.S. military personnel and U.S. civilians.

So the group that was pointed to less than a decade ago as proof of Saddam’s Terrorist Evil is now glorified by both political parties in Washington and — now that it’s fighting for the U.S. and Israel rather than for Saddam — is no longer a Terror group.