weigel he was there a tsunami came and at that time slot was being controlled by the ltte. if you were a relief organization you had to deal with the ltte because they were the government for one-fifth of the country. >> host: the department of justice position is whatever money the ltte or the other organizations must spend on the refugee camps corporation taken spend because the money is on fungible and so we will have a constitutional carve out the government cannot prosecute as a matter of law otherwise money is fungible. >> guest: it's not only money. but not all support is fungible. the first declared enormous, is another example. there was a good humanitarian -- >> host: let's hold the humanitarian project because we will go through that discussion because there was a decision last year by the supreme court determining this regarding the constitutional reach out and we will do that right after the break. thank you, susan. >> susan herman and president of aclu and professor at law school the book is quote code taking liberties the war on terror and the erosion of amer

the or the government for one-fifth of the country. >> host: and the position is whatever money the ltte or the other organization does not spend on the refugee camps they can spend on guns because the money is fungible. so we will have a constitutional court out for the activities the government cannot prosecute as a matter of law otherwise money is fungible. >> guest: it's not only own money. not all support is fungible. the supreme court made the first amendment carve out an enormous. here is another example. there's a group called the humanitarian -- >> host: let's hold the humanitarian law project because we will go to that discussion because that was a decision last year by the supreme court interpreting exactly the constitutional reach of the statute. we will do that right after the break. thank you. >> susan herman the president of aclu and professor at brooklyn law school the book is taking liberties the war on terror and the erosion of american democracy. we were talking about the material support statute and the prohibition that they are from. giving money to a designated terr

. >> host: the department of justice position is whatever money the ltte or organizations does not spend they could spend because the money is fungible. so will have a constitutional court route to for all but activity is but otherwise money is fungible. >> host. >> guest: but not only money. the supreme court made the first amendment enormous. >> host: let's hold that humanitarian because we will go to that discussion because that was envisioned last year by the supreme court regarding the constitutional regional situation and do that after the break >> host: susan herman president of aclu the book this "taking liberties" the war on terror and the erosion of american democracy" we were talking about the material support statute there from giving money to a designated terrorist organization is illegal a statue has been expanded turnon military aid including providing your own efforts expert advice and assistance but the question is what if you give money or assistance to non terrorist activities of a designated terrorist organization to save money is fungible slow to give one part of the

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