[Ppnews] Federal Jury in Chicago Acquits Two Men of Terror Charges
Political Prisoner News
ppnews at freedomarchives.org
Thu Feb 1 19:05:36 EST 2007
<http://www.chicagotribune.com/news/local/chi-070201salah,1,2536255.story?coll=chi-news-hed>http://www.chicagotribune.com/news/local/chi-070201salah,1,2536255.story?coll=chi-news-hed
Mixed verdict for Hamas suspects
Tribune staff reporters
February 1, 2007, 3:14 PM CST
A federal jury in Chicago this afternoon reached
a split verdict in the case of a Bridgeview
businessman and another man accused of aiding the
radical Palestinian group Hamas.
Jurors acquitted former local grocer Muhammad
Salah and Abdelhaleem Ashqar of racketeering
conspiracy but convicted them of lesser charges.
There was an audible gasp of "Oh!" from the
defendants' supporters in the courtroom as the
not-guilty verdict in the most serious counts was
read. Salah appeared to fight back tears and,
later, outside the courtroom, he and Ashqar were
embraced by family and friends.
Jurors deliberated three weeks before reaching a
verdict in the three-month trial.
Defense attorneys immediately declared victory in
the case that the government had described as a
major component in its war on terrorism.
"This is a great day for justice,'' said defense
attorney Michael E. Deutsch, who represented Salah in the trial.
After the verdict was read, First Assistant U.S.
Attorney Gary Shapiro said: "We've convicted them
it's hard to say that we're disappointed.''
Salah was convicted of obstruction of justice for
giving false answers to questions he was asked in a civil lawsuit.
Ashqar was convicted of criminal contempt and
obstruction of justice for refusing to testify
before a federal grand jury when he had been
given immunity from prosecution for anything he might say.
They face probation to 10 years in prison when they are sentenced.
Salah, 53, was accused of using his U.S.
citizenship to facilitate the transportation of
hundreds of thousands of dollars to militants in
the West Bank and Gaza in the early 1990s.
Abdelhaleem Ashqar, 48, a former university
professor from suburban Washington D.C., was
accused of acting as a Hamas archivist who
collected key documents and facilitated
communication among Hamas member around the globe.
A large amount of evidence gathered in the case
came from wiretaps and raids conducted in the early-1990s by FBI agents.
The evidence was collected under the Foreign
Intelligence Services Act, which permits the
gathering information against people suspected of
being agents of a foreign government.
The primary evidence against Salah, however, was
a confession he provided to Israeli agents in
1993, after he was arrested at a Gaza checkpoint
and accused of providing money for Hamas members.
Statements Salah made in Israeli custody linked
him closely to the hierarchy of Hamas, including
top Hamas official Mousa Abu Marzook.
Prosecutors provided bank records that showed
Marzook, a fugitive living in Damascus, sent
Salah nearly $1 million in the early 1990s.
That money was intended to fund violence, prosecutors alleged.
The defense responded it was meant to aid
destitute Palestinians living under an oppressive occupation.
Salah personally delivered some $240,000 into the
hands of militants, prosecutors alleged. When he
was captured outside Gaza, he had $100,000 in
cash in his hotel room in Jerusalem.
Deutsch, urged jurors to reject Salah's
confession, arguing it was extracted after 54 days of torture.
Two Israeli interrogators, testifying under
aliases, swore during the trial that Salah was
well-treated in custody, in part because he was a high-profile U.S. citizen.
The testimony of "Captain Nadav" and "Benny"
marked an unprecedented event in a U.S. court.
Never before had two agents of the Israeli
security agency given sworn testimony in a U.S. courtroom.
U.S. District Judge Amy St. Eve ordered her
courtroom closed to the public for the testimony
and ruled that the men could wear light disguises if they chose.
The agents described a compliant and cooperative
Salah trying to trade information about Hamas for
the release of Hamas members from Israeli prisons and other benefits.
Based on his confession, Salah spent four years
in an Israeli prison before returning to Bridgeview.
The U.S. government has dubbed him a
"specially-designated terrorist" since his return.
The Associated Press contributed.
Copyright © 2007, <http://www.chicagotribune.com/news/local//>Chicago Tribune
Federal Jury Acquits Two Men of Terror Charges for Hamas Links
By <http://projects.washingtonpost.com/staff/email/dan+eggen/>Dan Eggen
Washington Post Staff Writer
Thursday, February 1, 2007; 5:38 PM
A federal jury in Chicago acquitted two men today
of charges that they were part of a 15-year
conspiracy to finance Hamas activities in Israel
-- marking the second recent defeat for the
Justice Department in cases involving a Palestinian terrorist group.
Abdelhaleem Ashqar, 48, a former Howard
University professor who lives in Springfield,
and Muhammad Salah, 53, a former grocer from
suburban Chicago, were found not guilty of
racketeering conspiracy, the most serious charge
against them that could have drawn life sentences.
But the two men were convicted of separate
charges of obstruction of justice, which carries
a penalty ranging from probation to five years in prison.
The defendants and their attorneys immediately
characterized the verdicts as a victory and said
it showed the government had overreached in its
attempts to punish opponents of the Israeli state.
"It was better than we thought," a tearful Salah
told reporters in Chicago. "We are good people, not terrorists."
Salah's attorney, Michael Deutsch, called the
verdict "a tremendous victory" and said he "may not even go to prison at all."
"This rejects the idea we can criminalize someone
for resisting an illegal occupation in another country," Deutsch said.
The prosecution of Ashqar and Salah was deemed so
important to the Justice Department that the
original 2004 indictments were announced by
then-Attorney General John Ashcroft, who said
that "terrorists have lost yet another source of
financing for their bombs and bloodshed."
But the final outcome of the case is decidedly
mixed, and came after three weeks of deliberation
by the Chicago jury. It also marks the second
time in recent years that the Justice Department
has attempted to prosecute U.S. residents for
support of militant Palestinian organizations
before they had been designated as terrorist groups.
In a high-profile case in 2005, a jury in Florida
acquitted former computer professor Sami al-Arian
of eight terrorism charges and deadlocked on nine
others. Arian eventually pleaded guilty to
supporting members of the Palestinian Islamic
Jihad, and is slated to be deported after finishing a short prison term.
One of Arian's attorneys, William Moffit, also
represented Ashqar in the current Chicago case.
"After trying this and the Sami al-Arian case,
I'm now convinced an American jury will not put
someone in prison for fighting for their freedom," Moffitt said.
Justice Department officials did not immediately
comment on the verdict. The case was prosecuted
by the office of U.S. Attorney Patrick J.
Fitzgerald, who is in the spotlight as the
special prosecutor in the Washington trial of
Vice President Cheney's former chief of staff, I. Lewis "Scooter" Libby.
Staff writer Kari Lydersen in Chicago contributed to this report.
<http://www.washingtonpost.com/wp-dyn/content/article/2007/02/01/AR2007020101377.html>http://www.washingtonpost.com/wp-dyn/content/article/2007/02/01/AR2007020101377.html
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