This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.
Rufener, P. Scott
"Prosecuting the Material Support of Terrorism: Federal Courts, Military Commissions, or Both?,"
University of Massachusetts Law Review: Vol. 5
, Article 6.
Available at: http://scholarship.law.umassd.edu/umlr/vol5/iss1/6