By Mauri’ Saalakhan
This is coming to our readers from Dallas, Texas. Once again I find myself in the southwestern part of the country regarding the Holy Land Foundation case; this time, unfortunately, on the post-conviction side of the issue. On November 25, 2008, after two contentious trials, five innocent men were convicted on every one of the 108 charges lodged against them. The question for many who closely followed the case is why?
Let us begin our examination of this question with an observation made by the late William M. Kunstler, from his highly informative and thought-provoking book titled “My Life As A Radical Lawyer.” On page 317 of chapter sixteen (“The Despised Muslim”) Kunstler writes:
Many of the beliefs and values that split the country in 1969 still divide us; there still exists a perpetual war between ’them’ and ’us,’ between the good guys and the bad guys, the inner city and the suburbs. We are a nation divided, torn apart by hatred, fear, and poverty. I see my work as one small attempt to end the factionalism, heal the wounds, and move society toward dispensing justice, real justice to everyone. In recent years, I have taken on many Muslim clients and have earned myself even more hatred and disapproval than for my representation of black defendants. Today Muslims are the most hated group in the country; the moment a Muslim is accused of a crime, the specter of terrorism is raised, and everyone panics.
If this was the case for Muslims in America in 1994, the year Kuntsler’s book was published, it is even more so in 2008; and the Holy Land Foundation trial, with its troubling conclusion, provides one of the most powerful case studies in support of this argument!
In December of 2001, after years of an Israeli-instigated transnational witch hunt, the Holy Land Foundation For Relief and Development - the largest Muslim charity in the United States - was shut down, its assets seized by the U.S. government. Within three years of this unconstitutional action, a number of the officers and supporters of this organization were indicted for allegedly giving “material support” to a designated terrorist organization (Hamas).
In the government’s superseding indictment {United States of America v. Holy Land Foundation For Relief and Development, et.al.} dated Nov 30, 2005, reference is made to the “International Emergency Economic Powers Act (IEEPA)” and a number of executive orders pursuant to this act, dating back to the Clinton Administration.
Of particular note is Executive Order 12947, issued on January 23, 1995. According to the indictment, “Executive Order 12947 and the Terrorism Sanctions Regulations prohibit, among other things: (a) transferring, paying, exporting, withdrawing or otherwise dealing in property or interests in property of a Specially Designated Terrorist that are in the United States, come within the United States, or come within the possession of or control of United States persons; (b) providing funds, goods or services to a Specially Designated Terrorist; (c ) any transaction for the purpose of, or which has the effect of, evading or avoiding, or which facilitates the evasion or avoidance of the Terrorism Sanctions Regulations; (d) any conspiracy formed for the purpose of engaging in a prohibited transaction. A willful violation of any of these provisions is a criminal offense.”
Just two days after this Executive Order was issued (January 25, 1995), Hamas was branded as a “Specially Designated Terrorist,” by President William J. Clinton in the Annex to Executive Order 12947.
It should also be noted that on October 8, 1997, by publication in the Federal Register, U.S. Secretary of State Madeline Albright designated Hamas as a Foreign Terrorist Organization, pursuant to Section 219 of the Immigration and Nationality Act (INA), as added by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).
On September 23, 2001, President George W. Bush issued Executive Order 13324, which prohibited “transactions with organizations and individuals who, inter alia, commit, threaten to commit, or support certain acts of terrorism.” Then came the culmination of the long festering conspiracy against the Holy Land Foundation, and its interests.
Of significant note is the fact that neither the Holy Land Foundation (HLF), nor any of its officers or agents, were charged with any acts of terrorism in Occupied Palestine - NOT A SINGLE ACT! Instead, the government alleged in its complaint that by providing food and clean water; re-building homes, schools and clinics; by assisting widows and orphans - HLF and its agents were indirectly contributing material support to an outlawed terrorist organization (Hamas).
Of equal or greater significance is the fact that the very same Palestine-based “Zakat Committees,” which received monetary support from HLF, were lawfully registered relief organizations with Israeli authorities, and also received international assistance from USAID and United Nations relief organizations at the same time that they were receiving assistance from HLF!
So why were the defendants convicted on all counts? The answer is simple: BIGOTRY, FEAR, and a spirit corrupting HATRED rooted in ignorance. As Bill Kuntsler correctly stated over a decade ago, “Today Muslims are the most hated group in the country; the moment a Muslim is accused of a crime, the specter of terrorism is raised, and everyone panics.”
In such a climate, it is easy for the modern day magicians of an oft-times Pharonic justice system to secure convictions - through a cruel, manipulative sleight of hand and the exploitation of emotions - even when at the heart of those convictions are poor, oppressed, marginalized children. As the French philosopher, Voltaire, once said: “Those who can make us believe absurdities, can also cause us commit atrocities.”
Indeed. And thus, the struggle must continue.
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The writer serves as Director of Operations for The Peace And Justice Foundation, a Muslim-led, grassroots human rights organization.
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