The Department of Justice released the following statement
regarding U.S. citizens who are taken hostage abroad:
When a U.S. citizen is taken hostage, the Department of
Justice’s top priority is the safe return of the hostage. The families who have been affected by hostage-takings
have endured extraordinarily difficult circumstances. In light of recent hostage-takings
perpetrated by terrorist groups, some families have expressed concerns that
their efforts to retrieve their loved one could lead to potential prosecutions under
the statute prohibiting the provision of material support to designated foreign
terrorist organizations. In the face of
their loved ones being held captive indefinitely by terrorist groups, families
have understandably explored every option to secure their loved ones’ safe
recovery.
In these cases, the department has focused on helping the
families, consistent with the government’s no-concessions policy, and will
continue to focus on exploring all appropriate options. The department does not intend to add to
families’ pain in such cases by suggesting that they could face criminal
prosecution. Perhaps the best indication
of how the department will exercise its prosecutorial discretion in enforcing
the material support statute is the department’s past record of prosecuting
cases under the statute. The department
has never used the material support statute to prosecute a hostage’s family or
friends for paying a ransom for the safe return of their loved one.
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