MPAC Reacts to Holy Land Verdict
November 26, 2008
Following a series of legal twists and turns which have spanned seven years, the Holy Land Foundation and five of its former leaders were found guilty yesterday of funneling $12.4 million to Hamas-affiliated committees since 1995, when it became illegal to make donations to the organization.
SEE: "U.S. Muslims Taken Aback by a Charity's Conviction" (New York Times)
http://www.nytimes.com/2008/11/26/us/26charity.html
The verdict came as a surprise to many observers, given that the original trial ended last year with a U.S. District Court Judge acquitting five defendants on charges of aiding terrorists abroad, and declaring a mistrial on the remaining 197 counts brought against the Holy Land Foundation. Following the mistrial, prosecutors streamlined their case against the Muslim American charity and eliminated almost 100 charges against the remaining defendents.
The jury also found that the defendants must forfeit the $12.4 million in Holy Land funds which were seized when the organization was shut down in 2001. The charitable funds were collected by the organization from American Muslim donors to provide aid to needy Palestinians. MPAC believes that these funds should be dispersed to another charitable organization that is providing humanitarian assistance to Palestinians living under occupation, as intended by Muslim American donors fulfilling their zakat (almsgiving) obligations.
SEE: "American Muslim Charities: Easy Targets in the War on Terror" (MPAC)
http://www.mpac.org/article.php?id=355
Another legal entanglement created by this trial is an 11-page list of "unindicted co-conspirators" which was leaked by the Department of Justice to the media. MPAC echoes a motion recently filed by the ACLU, which argues that the due-process rights of the named individuals and organizations were violated, because they were listed without having the right to defend themselves. Failure to provide a mechanism for being removed from this list is profoundly un-American, and must be rectified to provide innocent parties an opportunity to clear their names and reputations.
MPAC today also cautioned against allowing the case's outcome to undermine the partnership Muslim American organizations have built with government agencies to promote Muslim American political participation, improve global U.S.-Muslim world relations, and enhance our national security.
Finally, MPAC remains concerned about the on-going suffering of the Palestinian people in the face of continued legal action to curtail much-needed humanitarian assistance. Many humanitarian workers are regularly denied entry into Gaza and the West Bank, or are often harassed and even detained by the Israeli authorities.
