A web site is a warm gun

Among the arguments both sides in the Al-Hussayen case submitted in legal documents over the weekend is one in which the government likened its legal theory behind the case to an armed robbery prosecution. Al-Hussayen is charged with providing material support to terrorists by operating web sites and funneling money to suspect charities.

“Consider a person who does not support the idea of conducting an armed robbery, and therefore does not commit the robbery himself,” prosecutors wrote, “but based upon the tug of friendship or some other reason, provides a gun to another person who asks for the gun for the purpose of committing an armed robbery. If the recipient of the gun commits an armed robbery, the donor of the gun could be held liable for knowingly aiding and abetting the crime – even if the person did not believe that it was correct to commit armed robbery. Similarly, in this case, the issue is not the person’s belief, but rather his knowledge or intent at the time that he provides the material support and resources.”