“The Department was already seeking en banc review of the holding of a three judge panel of the 9th Circuit which invalidated parts of the 1996 material support statute, and the Department is reviewing today's District Court ruling regarding an additional portion of the law.

“The Patriot Act is an essential tool in the war on terror, and has played a key part -- and often the leading role -- in a number of successful operations to protect innocent Americans from the deadly plans of terrorists dedicated to destroying America and our way of life. While the results have been important, in passing the PATRIOT Act, Congress provided for only modest, incremental changes in the law. The provision at issue in today's decision was a modest amendment to a pre-existing anti-terrorism law that was designed to deal with real threats caused by support of terrorist groups. By targeting those who provide material support by providing ‘expert advice or assistance,’ the law made clear that Americans are threatened as much by the person who teaches a terrorist to build a bomb as by the one who pushes the button. That’s why the PATRIOT Act appropriately imposed tough new penalties on those who commit and support terrorist operations, both at home and abroad.”

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04-046