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WASHINGTON — The line between speech protected by the First Amendment and aid to terrorists appeared elusive at the Supreme Court on Tuesday, and the justices’ lively questioning complicated rather than clarified matters. They discussed travel to Cuba, the Communist and Nazi Parties, Tokyo Rose, treason and whether it is a crime to teach a terrorist how to play the harmonica.

Solicitor General Elena Kagan defended the law at issue in the case, which bars providing material support to terrorist organizations, as “a vital weapon in this nation’s continuing struggle against international terrorism.”

Even seemingly benign help is prohibited, Ms. Kagan said.

“Hezbollah builds bombs,” she said of the militant Islamic group. “Hezbollah also builds homes. What Congress decided was when you help Hezbollah build homes, you are also helping Hezbollah build bombs. That’s the entire theory behind the statute.”

But several justices seemed to view the case as more difficult than that, at least where the help at issue took the form of speech rather than conduct.

The law makes it a crime to provide not only aid like money and guns but also four more ambiguous sorts of help: “training,” “personnel,” “service” and “expert advice or assistance.”

David D. Cole, a lawyer for people and groups challenging the law in the case, Holder v. Humanitarian Law Project, No. 08-1498, conceded that the government might ban donations of money even if they were meant to support lawful activities like tsunami relief. Mr. Cole added that training in bomb-making might also be banned.

But pure speech about lawful activities, he said, is a different matter.

“This court has never upheld the criminal prohibition of lawful speech on issues of public concern,” he said.

Mr. Cole’s clients say they want to provide support for the legal, nonviolent activities of a Kurdish political party and a Tamil group, both of which have been designated as terrorist organizations by the State Department.

One plaintiff, Ralph D. Fertig, a retired lawyer, has said he wanted to help the Kurdish group, the Kurdistan Workers’ Party, find peaceful ways to protect the rights of Kurds in Turkey and to bring their claims to the attention of international bodies.

Ms. Kagan said Mr. Fertig was free to say anything he wanted and to lobby anybody he liked so long as he did it independently of the banned group. She also said he might meet with the Kurdish group to discuss ideas. It was even all right, she said, to become a member of the group.

But the discussions turn criminal, Ms. Kagan said, if Mr. Fertig provides some kinds of advice.

That did not seem to satisfy Justice Ruth Bader Ginsburg. “So you can communicate, but the communications are censored,” Justice Ginsburg said. “You can be a member, you can attend meetings, you can discuss things, but there is a certain point at which the discussion must stop, right?”

Ms. Kagan responded, “The discussion must stop when you go over the line into giving valuable advice, training, support to these organizations.”

Ms. Kagan gave examples of prohibited conduct. A lawyer would commit a crime, she said, by filing a friend-of-the-court brief on behalf of a terrorist group. Helping such a group petition international bodies is also a crime, she added.

Justice John Paul Stevens asked if there was an authentic risk that Mr. Fertig would be prosecuted were he to make a presentation on behalf of the Kurdish group at the United Nations. He seemed to expect a negative answer.

But Ms. Kagan would say only that the matter would involve a “prosecutorial judgment.”

Chief Justice John G. Roberts Jr. said at least one part of the law, banning expert advice, seemed vague to him. “I don’t know sitting down that I could tell,” he said, whether advice about peaceful advocacy was covered.

Justice Antonin Scalia came to the defense of radicals from another era in an apparent effort to distinguish Supreme Court precedents protecting some forms of dissent and advocacy during the cold war.

“The Communist Party was more than an organization that had some unlawful ends,” Justice Scalia said. “It was also a philosophy of extreme socialism. And many people subscribed to that philosophy. I don’t think that Hamas or any of these terrorist organizations represent such a philosophical organization.”

Justice Anthony M. Kennedy, the court’s most consistent defender of First Amendment freedoms, said, “This is a difficult case for me.”

Support of any kind, Justice Kennedy said, “will ultimately inure to the benefit of a terrorist organization, and we have a governmental interest in not allowing that.”

But Justice Sonia Sotomayor suggested that the law might sweep too broadly by making, say, harmonica instruction a crime because it involves specialized training.

Ms. Kagan did not take a position on the question. But she did allow that “there are not a whole lot of people going around trying to teach Al Qaeda how to play harmonicas.”

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(CNN) — In a remarkable comeback, former Prime Minister Viktor Yanukovich seemed set Monday to become the president of Ukraine — five years after he was ousted in a populist pro-Western uprising dubbed the “Orange Revolution.”

With 92 percent of the ballots processed, Yanukovich had won 48.48 percent of the votes.

His nearest rival, current Prime Minister Yulia Tymoshenko, garnered 45.87 percent, according to the country’s Central Election Commission.

If Yanukovich, the pro-Russia candidate wins, it would mark a reversal of fortunes for the leader who was removed from office in 2004 after he was declared the winner of that year’s presidential elections.

It would be an “indictment” of the failures of the leaders of the Orange Revolution in a country that has been severely hit by the global economic crisis, said CNN’s Moscow correspondent, Matthew Chance.

The expectation now was that the Ukraine would move closer to the Russian fold, particularly in terms of economic and foreign policies, Chance added.

Appearing on television after the polls closed Sunday night, Yanukovich said his opponent should begin preparations to step down. But Tymoshenko said her party was conducting a parallel ballot count and that each vote cast could be decisive.

Though members of her Party of Regions said they would rally and demonstrate regardless of the results, Tymoshenko seemed to have backed off an earlier remark to call her supporters out into the streets if voting appeared fraudulent.

On Sunday, Tymoshenko said she would await official results and a legal examination, according UNIAN, the Ukrainian Independent Information Agency.

Preliminary estimates showed about 69 percent turnout.

The two politicians have fought a bitter battle.

Yanukovich has a checkered election history. In 2004, the presidential ballot’s legitimacy was questioned and he was accused of stealing the race. Yanukovich’s win was later annulled.

“The country remembers times when there were presidents announced, they received congratulations and then things changed,” Tymoshenko said Sunday, referring to the 2004 race.

The revolution put the current president, Victor Yuschenko, in power. He ran for a second term this year, but, blamed for Ukraine’s faltering economy, he did not make the runoff.

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NASHVILLE — The 600 delegates at the National Tea Party Convention feel taxed to death, ignored by their elected representatives and the media, and appalled at the federal government’s spending — and there are millions of Americans just like them. Their anger has helped claim some political scalps, and they vow to “take back America.” What is unclear to them, and to the political establishment watching warily, is how they might do this.

It’s a critical moment for a movement that is unmistakably people-powered, that has been deliberately left leaderless to give voice to all frustrations. And although the mood here has been festive, even giddy, the fluidity of the group has been on full display.

Here was a California woman counseling people on how to register new Republican voters in their communities, but there were others who criticize the Republican Party as fiercely as they do the Democratic Party. Here attendees lashed out against the practices of the Washington establishment, but there a man from Memphis announced the formation of a political action committee. Here a former congressman delivered a fiery defense of America’s “Judeo-Christian values,” but there delegates walked out of a prayer session they thought crossed a line.

The convention, which concludes Saturday night with a keynote address by former Alaska governor Sarah Palin (R), in some respects has had the feel of a big blind date. The delegates chatted each other up for a year online, checking out each other’s ideas and grievances, and they thought they might have something in common. Now they are spending a couple of days together, at a very nice resort, nibbling hibachi beef and browsing elegant “tea bag” jewelry, to see whether they like each other enough to be together.

Jeff Link, a luxury jewelry maker from New York, says that President George W. Bush started the fiscal policies that ruined the economy and that President Obama is making them worse, a belief shared by many here. But, he says, looking at the crowd, which is overwhelmingly white and middle-aged, “it saddens me not to see this gathering more diverse.”

Jim Linn, an electrical engineer from San Diego, says that strict term limits must be imposed to “get control of Congress” and that the Constitution must be interpreted in ways that match his understanding of the Founders’ intent. That would mean scrapping a lot of the amendments, he acknowledges, but not Nos. 2, 10, 16 and 17. He worries that a deeper depression is coming, and he tells his friends to store food, even though he knows it makes him sound like a crackpot.

Annie and Tom Runn, who have done missionary work in Haiti and Cuba, spent last week at the Republican National Committee gathering in Hawaii, where they live, and then came here. They can’t support Obama because he’s for “abortion and homosexuals,” Tom Runn said. “We would support and vote for Sarah [Palin] over and over and over.”

Lori Christenson, who started the Evergreen-Conifer Tea Party in Colorado in her house using the social networking site Meetup.com, wants politicians to act like their power comes from the people, not from their celebrity. Her group refuses to get involved with conservative social issues, which she calls “very, very divisive.”

“I am coming to realize at this convention,” she said Friday, over the thundering of a speaker from Judicial Watch, “that we are very, very different in terms of our beliefs. So now what?”

In Washington, where Democrats seemed oblivious to voter anger in Massachusetts and lost their supermajority in the Senate, White House officials are keeping a close watch on the developments here.

“The tea party movement has grown out of a sense of frustration about government here in Washington,” senior adviser David Axelrod said Friday in an interview that will air Sunday on C-SPAN. “It’s not isolated to Democrats or Republicans. . . . There is a sense that this town is consumed by politics, that people are consumed by their own ambitions and that we’re not dealing with the real problems.”

So far, the only formal political machinery to emerge from the convention is a planned political action committee announced Friday by Mark Skoda, a leader of the Memphis Tea Party, in front of a worldwide press corps of nearly a hundred. Skoda said the PAC would help elect up to 20 political candidates who advocate fiscal responsibility, less government, lower taxes, states’ rights and strong national security. But it was not clear that Skoda’s Ensuring Liberty Corp. would gain the support of the hundreds of tea party groups across the country.

“Let us not be naive here,” Skoda said. “Holding up signs and simply responding with emotion does not get people elected. . . . While this is not the only way that the tea party movement can progress and mature, this is one way that we believe it can seek together the approach to counter the fragmentation that exists today.”

Skoda, who grew up in a family of Democratic politicians near Cleveland, said in an interview that he has spent much of his working life as an executive with UPS and FedEx, opening up markets in Asia and Europe, an experience he said deepened his appreciation of the conservative values of liberty and economic freedom.

The PAC, he said, is not an attempt “to replace the Republican National Committee,” but rather “a way by which people who have worked so hard thus far in the rallies, whose voices have not been heard, will be able to participate with their talents and their treasures — and ultimately assure that the people are elected.”

One emerging set of principles that could align tea party groups is taking shape on the Tea Party Patriots’ Web site, where registered members can contribute to something that might resemble a platform.

“Note it is called the Contract From America, not the Contract With America,” said William Temple, who runs a tea party group in Brunswick, Ga. “We are the ones giving the direction.”

A cheerful man with a broad set of interests — he is a pastor of “an all-black Maranatha” church, a painter, a retired Secret Service and Homeland Security employee, and a historical reenactor — he made these pronouncements using an accent he hoped would sound early American, and he was dressed in period costume as Button Gwinnett, a signer of the Declaration of Independence.

Although some here praised Obama for his energy and for making history, many delegates said concern over his policies has pushed them into political activism for the first time in their lives.

On Thursday night, giving the opening address, former U.S. representative Tom Tancredo (Colo.), who ran for the 2008 Republican presidential nomination as an anti-immigration candidate, railed against Obama and “the cult of multiculturalism.” Americans could be “boiled to death in a cauldron of the nanny state,” he said. “People who couldn’t even spell the word ‘vote,’ or say it in English, put a committed socialist ideologue in the White House.”

When Tancredo said, “His name is Barack Hussein Obama,” the audience booed loudly.

“The race for America is on,” Tancredo said. “The president and his left-wing allies in Congress are going to look at every opportunity to destroy the Constitution before we have a chance to save it. So put your running shoes on.”

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Gaza/Cairo – Seven suspected Palestinian smugglers were injured on Saturday in a fire in one of the illegal tunnels under the border between Gaza Strip and Egypt, medics and witnesses said.

Witnesses said the fire broke out in tunnel used to smuggle fuel after a fuel leak.

Rescue teams, firefighters and ambulances arrived at the scene and pulled out the seven casualties. They were admitted to hospital in the border town of Rafah, where medics said three were in a critical condition.

It is estimated that smugglers have dug more than 1,000 tunnels under the border between Egypt and the southern Gaza Strip to smuggle goods and fuel since Israel imposed a tight blockade on the Hamas- ruled enclave three years ago.

According to Gaza rights groups, around 125 Palestinians have died and 590 have been injured in accidents that often involve the collapse of the crude, hand-dug tunnels.

Israel says Palestinian militants use the tunnels to smuggle weapons into Gaza.

Egypt, meanwhile, began last month began the construction of an steel underground barrier along the border with Gaza in a bid to stop the proliferation of tunnels. Egyptian forces also destroyed several of the tunnels.

The radical Palestinian Hamas movement, which seized control of the Gaza Strip in June 2007, encourages the smuggling goods via the tunnels in defiance of the Israeli blockade. The group has slammed Egypt for building the barrier.
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