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Clever Pseudonym's avatar

Here are excerpts from the Legal Memorandum for the Removal of Mahmoud Khalil sent from the State Dept to the DHS:

INTRO

This memorandum presents the legal and national security basis for the immediate detention and removal of Mahmoud Khalil, a non-citizen whose activities within the United States constitute material support for a designated Foreign Terrorist Organization (FTO). Khalil’s involvement in radicalization efforts, leadership in organizing activities, and public advocacy in alignment with FTO objectives violate 8 U.S.C. §§ 1182(a)(3)(B) and 1227(a)(4)(B), which render non-citizens removable if they engage in terrorist activity or provide support to an FTO.

LEGAL JUSTIFICATION FOR DETENTION AND REMOVAL

A. Material Support for a Foreign Terrorist Organization (8 U.S.C. § 1182(a)(3)(B))

•Holder v. Humanitarian Law Project, 561 U.S. 1 (2010): The Supreme Court held that even non-violent advocacy, when coordinated with an FTO’s goals, constitutes material support under U.S. law.

•United States v. Mehanna, 735 F.3d 32 (1st Cir. 2013): Established that spreading ideological support for an FTO is legally equivalent to direct material assistance.

Khalil’s activities fall squarely within this legal definition of material support, requiring immediate intervention.

Khalil’s activities extend beyond protected speech and instead constitute material support for a terrorist organization.

B. Due Process Considerations Do Not Prevent National Security Removals

•Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953): Held that due process claims do not override national security-based removals.

•Demore v. Kim, 538 U.S. 510 (2003): Affirmed that the government may detain and deport non-citizens without extended hearings when security concerns are at stake.

The process for Khalil’s removal fully aligns with federal law and constitutional due process requirements.

THIS IS A NATIONAL SECURITY ISSUE, NOT A FREE SPEECH ISSUE.

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Orwell’s Rabbit's avatar

It was hard to believe that the 2024 Hamilton Hall takeover wasn’t treated more harshly. It was a sort of Democrat January 6.

For me, the final straw was the assault on the custodian, and the fact that he and his coworkers were literally not allowed to leave the premises. When you’re forcibly detained, you are the victim of either false arrest or kidnapping — both of which are criminal offenses (the latter is a federal offense).

Lest anyone have any doubt about whether the US had a two tiered justice system, this would be a tough one to argue against.

I suspect this arrest has more to do with Khalil’s ACTIONS than it does about his opinions. And we may also find out that there is a monetary element to all this (funding of Hamas via NGOs with student involvement).

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