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Charities and National Security:      Background     Analysis     Correspondence     Blog    

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OMB Watch and Grantmakers Without Borders released Collateral Damage: How the War on Terror Hurts Charities, Foundations, and the People They Serve

CollateralDamage

News
'Twas the Night before New Year

'Twas the night before New Year
And all through the Nation
The people were hopeful
Looking toward Inauguration.

Nonprofits were happy
Their voices might be heard
And silencing through
Rules and surveillance may be deterred.

We've been taking great care
To preserve nonprofit speech rights
Now we reflect on the past year
And the battles we had to fight.

Read More

Conviction of Holy Land Foundation Raises Questions, Concerns for Nonprofits
On Nov. 24, the two-month retrial against the Holy Land Foundation for Relief and Development (HLF) and five of its leaders ended with guilty verdicts on charges of supporting Hamas, which was designated as a terrorist organization in 1995. The convictions came even though the prosecution admitted that all funds went to local charities, called zakat committees, that are not on government watchlists. Attorneys for the defendants said they would appeal. Read More

Study Says Nonprofits Help, Not Hinder, the War against Extremism
On Oct. 30, the Fourth Freedom Forum and Kroc Institute for International Peace Studies at the University of Notre Dame released Friend Not Foe: Civil Society and the Struggle Against Violent Extremism. The report urges countries, including the United States, to move away from counterterrorism measures (CTMs) that harm nonprofits and do not improve security. The report also calls on nonprofits to be more proactive in countering misinformation and shaping policy alternatives. Read More

Judge Says Shuttered Charity Must Be Given Due Process
In the first decision of its kind, a federal judge issued a temporary restraining order barring the Department of the Treasury (Treasury) from designating KindHearts for Charitable Humanitarian Development (KindHearts), a U.S. charity, as a supporter of terrorism without affording the organization basic due process. Treasury shut down the group "pending investigation" in February 2006, but the investigation has never been concluded and the group's assets, including about $1 million, remain frozen. Read More

Department of Justice Finalizes Enhancements of FBI Powers
Attorney General Michael Mukasey recently finalized changes to Federal Bureau of Investigation (FBI) rules that increase the agency's ability to gather information on citizens without having prior suspicion of wrongdoing. The new rules cover the FBI's powers over criminal, national security, and foreign intelligence surveillance and have been criticized by civil liberties advocates and privacy groups. Read More

Telecom Surveillance to Receive Get-Out-of-Jail-Free Card
The Department of Justice (DOJ) is seeking retroactive immunity for the telecommunications companies that cooperated with the National Security Agency's (NSA) warrantless surveillance program, utilizing power granted in the FISA Amendments Act of 2008. Read More

Treasury Promotes Private Philanthropy through USAID
Should U.S. charities and foundations be required to turn over funds to the United States Agency for International Development (USAID) in order to support humanitarian aid and development in areas where designated terrorist groups are operating? The Department of the Treasury (Treasury) is promoting a partnership between USAID and American Charities for Palestine (ACP) as a model for providing assistance and complying with counterterrorism laws. Treasury recently indicated such coordination may become a requirement. This approach has the potential to undermine the independence of grantmakers and nonprofits and to fundamentally alter their relationships with grantees and local communities. It is based on an expansive interpretation of counterterrorism laws that seeks to prohibit vaguely defined "abuse and exploitation" of charities by terrorists. Read More

FBI to Increase Secret Powers in the Near Future
The Department of Justice (DOJ) plans to finalize secret changes to a secret rule that sets guidelines for the Federal Bureau of Investigation's (FBI) work. The changes will reportedly lower intelligence-gathering standards and could pose a significant threat to individual rights. Several senators have voiced strong concerns about the changes. Read More

Critics Ask DOJ to Drop Proposed Expansion of Domestic Surveillance Powers
Recently, several organizations submitted public comments critical of a Department of Justice (DOJ) proposed rule to expand the power of state and local law enforcement agencies to investigate potential criminal activities and report the information to federal agencies. Many noted the proposal is unnecessary for public safety and a threat to free speech and association. DOJ claims the changes are necessary because the existing regulation on criminal investigation does not specifically mention terrorism or "material support thereof." Read More

Maryland State Police Surveillance of Advocacy Groups Exposed
On July 17, the American Civil Liberties Union (ACLU) of Maryland disclosed documents revealing that state police engaged in covert surveillance of local peace and anti-death penalty groups for over a year during the administration of former Maryland Governor Robert L. Ehrlich (R). In response, House Majority Leader Steny Hoyer (D-MD) said he might support a Justice Department investigation into why this surveillance occurred. Rep. Bennie Thompson (D-MS), chair of the House Homeland Security Committee, wrote to Department of Homeland Security Secretary Michael Chertoff requesting a full account of the surveillance actions and further information regarding the funds used.

Read More


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