http://www.nationalreview.com/article/359106/no-material-support-terrorists-andrew-c-mccarthy
Under the pertinent provision of the act, the prohibitions against military aid to a country are not limited by its government’s history of promoting particular terrorist groups. That is to say, even if it were correct that Hezbollah alone was responsible for the AECA’s application to Syria, this would not narrow transactions prohibited under the statute to those by which the Assad regime could benefit Hezbollah. (As it happens, Hezbollah is far from the only terrorist entity abetted by Syria; the Assad regime’s patron is Iran, the world’s numero uno terrorism promoter; Syria, furthermore, has a history of supporting and providing safe harbor for Hamas — the Muslim Brotherhood’s Palestinian terrorist branch, which happens to be allied with the “rebels” in the Syrian civil war.)In point of fact, AECA prohibitions apply to countries, not regimes that govern countries — i.e., they apply here to Syria, not just Assad. There is good reason for this. If a government with a history of supporting terrorism is on the brink of collapse or overthrow, there is even more risk than usual that any weaponry and other military aid we provide will fall into the hands of terrorists. This is not just abstract logic; we know it from our own very recent experience: Since the regime fell in Qaddafi’s Libya — thanks to Obama’s unauthorized war — weapons distributed to and purloined by jihadists have fueled al-Qaeda’s operations in North Africa and may well have contributed to the Benghazi massacre, in which four American officials were murdered and several others seriously wounded.In any event, once the AECA applies to a country, the provision of military and other aid outlined in the statute is prohibited. The president’s power to waive this prohibition is very limited. It is not good enough for the president to say the aid is in U.S. interests. A waiver is valid only if the aid in question is “essential” to U.S. “national security” interests. The interests of Syrians are irrelevant under the law’s plain terms.It is inconceivable that supplying materiel to Syrians, including equipment that protects people from chemical weapons, could be essential to American national security. Obviously, if American national security were actually at risk, we would be invading Syria with our own forces, not arming the Muslim Brotherhood and al-Qaeda.In fact, in the case of Syria, it is more likely true that withholding protective equipment and arms is essential to American national security. There are, after all, reports — from Turkey, Iraq, and Syria — detailing chemical-weapons manufacturing, procurement, and use by al-Qaeda-affiliated groups that are systematically incorporated into the operations of the Syrian opposition. The Obama administration and Republican leaders are in high dudgeon over Assad’s alleged use of chemical weapons, but they seem to have a frog in their throats when it comes to the “rebels.”