U.S. court declares mistrial on charges Muslim charity had Hamas ties
Five former leaders of Holy Land Foundation were accused of aiding Hamas; one of defendants acquitted on most charges.
By The Associated Press Tags: Hamas USA judge declared a mistrial Monday for four former leaders of a U.S.-based Muslim charity accused of ties to Hamas, after chaos broke out in the court when three jurors disputed some verdicts that had been read.
The fifth defendant, former Holy Land Foundation for Relief and Development Chairman Mohammed El-Mezain, was acquitted of most charges against him. Jurors were unable to reach a verdict on another, which resulted in a mistrial on that count.
The outcome came about an hour after a confusing scene in the courtroom, in which three former leaders of the group were initially found not guilty of most counts involving funneling money to terrorists. But when jurors were polled, three jurors said those verdicts were read incorrectly.
U.S. District Judge A. Joe Fish sent the jury back to resolve the differences, but after about an hour he said he received a note from the jury saying 11 of the 12 felt further deliberations would not lead them to reach a unanimous decision. Then, he declared a mistrial.
The jury forewoman said she was surprised by the three jurors' actions. "When we voted, there was no issue in the vote," she said. "No one spoke up any different. I really don't understand where it is coming from."
In all, five former Holy Land leaders and the group were accused of providing aid to Hamas. The federal government designated Hamas a terrorist group in 1995 and again in 1997, making financial transactions with the group illegal.
The cases for two defendants initially found not guilty along with El-Mezain ended in a mistrial. The jurors did not reach verdicts on charges against the foundation itself or two individuals, former chief executive Shukri Abu Baker and former chairman Ghassan Elashi, resulting in mistrials for them, too.
The mistrial was at least a temporary victory for the five former Holy Land leaders, who said they ran a legitimate charity that helped Muslim children and families made homeless or poor by the Israeli-Palestinian conflict.
It was not immediately clear if the government will retry any of the defendants. A gag order preventing those involved from speaking about the case still stands, the judge said.
The initial verdicts read Monday, following 19 days of deliberations, said three former leaders of what was once the nation's largest Muslim charity were not guilty of funneling illegal aid to terrorists. Charity fundraiser Mufid Abdulqader was cleared on all counts. El-Mezain and the group's New Jersey representative, Abdulrahman Odeh, were acquitted on most counts.
Confusion erupted when Fish went through the usually routine process of asking each juror about his or her findings.
After Fish sent the jurors back for more deliberations, they returned with a verdict that El-Mezain was guilty of one count of conspiracy to provide material support to a foreign terrorist organization. He was acquitted of 31 other charges.
The judge declared a mistrial for Abdulqader and Odeh.
Jurors heard two months of testimony, mostly from FBI and Israeli agents who described thousands of pages of documents and hours of videotapes seized from Holy Land, from former associates of the group, and from Palestinian charities that got money from Holy Land.
Prosecutors said Hamas controlled those Palestinian charities. Their contention hung largely on the word of one witness, a lawyer for the Shin Bet security service, who was allowed to testify under a pseudonym.
Defense lawyers argued that none of the Palestinian charities aided by Holy Land were ever designated as terrorist organizations by the U.S. government.
Holy Land was founded in California in the late 1980s and moved to the Dallas area in 1992. FBI surveillance of the group's leaders dates to at least 1993, when agents eavesdropped on a Philadelphia meeting in which participants talked of supporting Hamas' goal of derailing a peace agreement between Israel and Palestinians.
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This case was ridiculous from the start. The US Government from the start conceded that the Holy Land Foundation didn't give money to Hamas or provide any support for Hamas. Merely that they built hospitals and medical clinics in Palestine that later on Hamas supporters used to recruit and/or spread propaganda. It was absolutely ridiculous. It would be like a street vagrant mugging someone and then the government charging the directors of a soup kitchen where the vagrant ate of armed robbery. Also, the US is the oldest continuous democracy on earth. First off, the US isn't a democracy, it's a Republic. The only real attempt at true democracy was in classical Greece. But even taking the Republic/Parliamentary system to mean democracy the US isn't the oldest continuous democracy on earth. I won't spoil the surprise for you other than to say that there is a small European nation that has been using the parliamentary system for almost 500 years. I encourage you to look into it.
A: "First a jury trial is not the correct venue. Our civilian judicial system is not set up to deal with these kinds of defendants." Of course it is; the charge was conspiracy, not terrorism. The charges related to supplying money to a front organization with the intention that this front organization would use that money to supply material aid to a terrorist group. Of course a civilian trial by jury is perfectly adequate to deal with such charges. Why on earth wouldn't it be, except that *you* are convinced that the defendants would always be found guilty if they were tried in a Military Court instead.
Thanks very much, but the US has a Constitution that worked quite well before the current administration decided it should be subverted. We also have the oldest continuous democracy in the world. Our jury trial system has been tested many times. It is not perfect, but works just fine for the most part. The only way to get trials like this into military court is to declare martial law which would be unconstitutional as enemy troops do not occupy any portion of the Texas and no areas of Texas are currently in insurrection. I seriously doubt you could get 2/3 of each house in Congress to propose changing the Constitution on this and get 38 State Legislatures to go along for ratification.
I would remind Avram and Brod that the US still has a Constitution that includes a Bill of Rights. Our military's oath is to support the Constitution and obey LAWFUL orders. The military people I know take the oath very seriously. Brod and Avram may want to subvert the Constitution. Personally, I like it the way it is. I just wish a few more people (like the current President and many of the Presidential candidates) had actually read it.
All Have The Right To Resist Certain Things-- Injustice, invasion, occupation, oppression, etc. BUT-- I have to be clear on what terrorism is...since so many people, leaders/countries try to manipulate things...so that they can say that people's right to resist is terrorism...when it is not. Terrorism, As I Define It, In This Conflict-- For Palestinians: It is for those who launch attacks/take no breaks from launching attacks...even when peace is possible/to see if peace is possible; Those who launch attacks to prevent peace processes; & Those who don't separate the innocent from the guilty in attacks. For Israelis: It ranges from the Settlers/Soldiers who beat, abuse, attack & humiliate Palestinians...to bulldozing houses, REPEATED military operations knowing you will kill innocents, leaving people at the border/preventing people from crossing the border...to the State expropriating Palestinian land (which is done repeatedly, aggressively & abusively).
I suspect this will go for some time unless the defendants cop a plea to avoid another rial. At first the jury said not guilty on all counts, then one and later three seem to have disagreed. Levi hints at jury tampering and intimidation of three jurors through threats to their families. Could this be the same three jurors who changed their mind? Was this tampering and intimidation by people favoring the government's position? Will we get another show? This is actually the fourth case where the government has apparently overreached and the third where the government tried to use secret witnesses (hidden identities and improper chains of evidence). al Hussayen, Idaho - not guilty of supporting terrorism. Selah, Chicago - not guilty of supporting terrorism al-Arian, Florida - not guilty (jury finding) of supporting terrorism The Holy Land Foundation, Texas - mistrial with most jurors finding not guilty
Institute counselor and Ziegler distinguished fellow Dennis Ross's foreword , THE MYTH OF DISPARATE WINGS , As a result of the heightened focus on exposing terrorist networks in the post-9/11 global environment, investigators have revealed how terrorist groups systematically conceal their activities behind charitable, social, and political fronts. Indeed, many of these fronts have seen their officials arrested, their assets seized, and their offices shut down by authorities. Still, Hamas benefits from an ostensible distinction drawn by some analysts between its "military" and "political" or "social" wings. Analysts who make such a distinction regularly dwell on the good works ofHamas, rarely looking at the connections between these activities and the attacks on civilians and the suicide bombings that are the organization's trademark. Because of the notion that Hamas has independent "wings," its political and charitable fronts are allowed to operate openly in many Western and Middle Eastern capitals. In these cities, Islamic social welfare groups tied to Hamas are often tolerated when their logistical and financial support for Hamas is conducted under the rubric ofcharitable or humanitarian assistance. While convenient for Hamas and its supporters, this distinction is contradicted by the consistent if scattered findings of investigators, journalists, and analysts. A review ofthe evidence regarding the integration of Hamas' political activism, social services, and terrorism demonstrates the centrality of the group's overt activities to the organization's ability to recruit, indoctrinate, train, fund, and dispatch suicide bombers to attack civilian targets. The social welfare organizations of Hamas answer to the same political leaders who play hands-on roles in Hamas terrorist attacks. In some cases, the mere existence of these institutions is invoked to classify Hamas as a social welfare rather than a terrorist organization. To debunk these specious assumptions, it is necessary to fully expose what Hamas calls the dawa (its social welfare and proselytization network). This is sometimes difficult because, as one U.S. official explained, "Hamas is loosely structured, with some elements working clandestinely and others working openly through mosques and social service institutions to recruit members, raise money, organize activities, and distribute propaganda." Read the entire introduction in PDF format. at http://www.thewashingtoninstitute.org/templateC04.php?CID=265
By Matthew Levitt How does a group that operates terror cells and espouses violence become a ruling political party? Can a single organization be committed to political activism and charitable good works while simultaneously dispatching suicide bombers to attack civilian targets? How is the world to understand and respond to Hamas, the militant Islamist organization that Palestinian voters brought to power in the stunning election of January 2006? Matthew Levitt's important book provides the most complete and fully documented assessment of Hamas ever written. Matthew Levitt, a counterterrorism expert with extensive field experience in Israel, the West Bank, and Gaza, draws aside the veil of legitimacy behind which Hamas hides. He presents concrete, detailed evidence from an extensive array of international intelligence materials, including recently declassified CIA, FBI, and Department of Homeland Security reports. In the book, Levitt demolishes what he terms "the myth of disparate wings." The notion that Hamas's military, political, and social "wings" are distinct from one another is belied by ample evidence. In fact, the records show, Hamas meets in the mosques and hospitals it maintains to plan terror attacks, buries caches of arms and explosives under its own schoolyard playgrounds, and transfers and launders funds for terrorist activity through local charity committees. This book catalogues the alarming extent to which Hamas' political and social welfare leaders support terror. Drawing a portrait of unprecedented accuracy, Matthew Levitt exposes the real Hamas: an organization that threatens peace and security far beyond the borders of the West Bank and Gaza. Levitt urges the international community to take heed, and he offers well-considered ideas for countering the threat Hamas poses. This book was written while Matthew Levitt was a senior fellow and director of terrorism studies at the Washington Institute for Near East Policy. www.thewashingtoninstitute.org/templateC04.php?CID=265
First a jury trial is not the correct venue. Our civilian judicial system is not set up to deal with these kinds of defendants. But fortunatley we do get another chance. They got what they wanted to cost us time and lots and lots of money and PR. By the way W not everyone from Texas is a conservative. And you are too cowardly to even expose where you are from.
An Imam in Germany said and he was right no mather where he lives.His comment shows how well he knows our western civilisation and how coward we are.We are too weak to stop this islamic expansionism in our countries even if we are against Islamisation of Europe.We did nothing when Van Gogh was killed,we did nothing after Madrid ,London or Paris and we will do nothing even if Muslims impose a law forbiding prosecution of Muslims in our countries.We don't know what to do. We are weak and we have to get used to other defeats like this one.
Shin Bet is famous for its fabrications and forcing confessions out of prisoners. This is a slap in the face for this notorious security agency.Thanks to the American Justice system that did not buy these false testimonies against innocent people. I wonder how Jewish charity groups are funding the JDL , Koch and the building of illegal settlements in the west Bank.Justice shall prevail regardless of lies and fabrications. This a good day for justice loving people and a bad day for enemies of justice. Peace for all.
Three jurors changed their votes. Did you not read what the jury foreman said? Why not comprehend the whole article, not just the part which seem to back up your beliefs.
Word on the street is that 3 of the jurors families were threatened.
Lots of protestors at the trials but they were mostly women.
...afternoon (when the verdict was reached by the jury) and Monday morning (when the verdict was unsealed and read by the judge), someone got to those three jurors and persuaded them to change their mind. The US government isn't going to let these guys walk, especially since Dubya the Decider hisself got personally involved in this case.
Brod, a mistrial due to the inability of the Jury to reach a judgement one way or the other, is an seldom seen, but very real, outcome in US courts. In this case - and Americans are generally well disposed to prosecutions of 'arab terrorists" - the government failed to convince the jurors that the vast majority of the charges against almost all the defendents were true. The outcome was highly prejudicial against the prosecution as the overwhelming majority of the charges were found without merit. A shabby case for the most part. I have seen worse, but if you can't convict a Muslim for aiding terrorists in an American court either you are a most incompetent prosecutor, or you had a really shabby case.
Can you imagine this happening in an arab country? There would be no trial. The accused would be hung or shot.
This is the third big trial that the zionists and their allies in the US try against American Muslims. They have failed three times. This is a good day for the American justice system, which has defeated their defaming political agendas. The evidence in this trial was worthless: shin beit officer who spewed venum against muslims without a single proof. Even in Israel, their crimes will probably be punishable by no more than a few months in Jail. They were being tried for false accusations that could have put them in jail for life based on hearsay evidence. Long live Justice!
With The Current Administration-- The rule of law, international law/conventions & civil/human rights have been GREATLY eroded...if not totally abandoned. There has been no attempt to correct themselves (they've only sought to intimidate/marginalize others, &, expand their powers (powers into areas that democracies shouldn't go)). It Has Been OTHERS-- Who have curtailed this reckless administration/embarrassment to America, democracy & humanity. ...AND--I am happy that the jurors here (& other Americans)...have resisted their agendas/lack of morals & character; their & the current culture (for some) of abandoning the rule of law, due process, the truth; & certain other groups' campaigns to do the same....when it comes to Arabs/Muslims...to be independent thinkers/actors in the pursuit of justice (& hopefully other things). Jews In The States-- Also support it (settlers/things they shouldn't) WITHOUT penalty. Punish BOTH-- Or Punish NONE!
With a reputation for ruthlesness unmatched by these days, except by the most demented actors, the Jurors had good reason to fear reprisals by Jihadists. This case calls for a secretly impanelled Jury, or no Jury at all at a Military trial, to avoid intimidation. As to the substance of the trial... what? An Islamic charity supporting Hamas??!! It can't be possible!! Can it really be possible?? I won't believe it in a million years! What do the two have in common?? These Muslims are peace loving why would they support Hamas? What, Hamas is a Muslim organization?? I don't understand it. They are Muslim? How can that be? Hamas? Muslim? Violent?
Brod your an idiot. Maybe all trials where the jury feels intimidated should be held in a military court. Your a genius.
A military court? wtf is wrong with you? If you don't understand the legal process here, don't bother commenting. It's a waste of other people's time. Claiming the jury was intimidated is simply a conspiracy theory designed to provide excuses to ignore the fact that the defendants may have truly been innocent of most of the charges brought against them. If there really is evidence of wrongdoing, the government will retry the case. End of story. No need for prejudice accusations of 'islamist-jihadist-super-secret-conspiracy!'
Got any evidence to back up your claim? Or have you already interviewed the jurors? This is just like the Sami al-Arian trial. Lotta smoke and mirrors, but NO guilty verdicts. And this from a TEXAS jury! That's Texas, the reddest of the red states. It ain't true blue California with all them there liberals. Just deep red conservatives.
When the Jury felt intimidated and threatened by Islamist-Jihadists, this is what happens. This kind of trial should be done in a Military Court.