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<a href="http://www.counterpunch.org/elashi06252010.html" eudora="autourl">
http://www.counterpunch.org/elashi06252010.html<br><br>
</a></font><font size=2 color="#990000">June 25 - 27, 2010<br><br>
</font><h1><font size=4><b>The Holy Land Foundation Case <br><br>
<br>
</i></font><font size=5 color="#990000">Defending My Father ... and the
Constitution </b></font></h1><font size=4>By NOOR ELASHI <br><br>
</font><font size=3>The case perhaps most notably authorized by the
Material Support Law, which was upheld by the Supreme Court on Monday,
was that of the Holy Land Foundation, once the largest Muslim charity in
the United States. My father, Ghassan Elashi, co-founded this charity,
and after two lengthy, expensive trials, he’s now serving a 65-year
prison sentence. <br><br>
The panel was split 6-3, the valiant minority being Chief Justices
Stephen G. Breyer, Ruth B. Ginsburg and Sonia Sotomayor. Writing the
majority opinion, Chief Justice John G. Roberts concluded that the
Material Support Law is not too vague and does not violate the First
Amendment, opposing the extensive arguments of constitutional law expert
David Cole who, along with the Center for Constitutional Rights,
challenged the law in the Supreme Court. Chief Justice Breyer wrote the
dissenting opinion, stating that the law could criminalize speech and
association “only when the defendant knows or intends that those
activities will assist the organization's unlawful terrorist actions.”
<br><br>
The Patriot Act, which expanded a provision in the Material Support Law
to include those who provide “assistance,” essentially made it illegal to
send charity to the U.S. Treasury Department lists of designated
terrorists. The Holy Land Foundation, or HLF, was never found guilty of
giving charity to a designated terrorist organization. Rather, they were
convicted of conspiring to give material support in the form of
humanitarian aid to Palestinian charities called “zakat committees” that
prosecutors alleged were fronts for Hamas, which was designated in 1995.
<br><br>
A Texas jury deadlocked in the first trial in 2007, defending the
defense’s main argument: that USAID, Red Cross, the UN, CARE and many
international NGOs sent money to the same zakat committees listed on the
HLF indictment. But in the 2008 retrial, after essentially the same
arguments, the jury returned all guilty verdicts. My father is currently
being held in a Communications Management Unit in Marion, Illinois, a
prison that's been called "Little Guantanamo" since two-thirds
of the inmate population is of Middle Eastern descent. <br><br>
The Supreme Court decision is not the most optimistic news regarding the
HLF case, which is now under appeal. Nevertheless, defense attorneys
assert they still have strong grounds for appeal, including the
prosecution’s evidentiary errors and anonymous expert from Israel who
claimed he could smell Hamas and testified under a fictitious name,
thereby preventing defense attorneys from effectively cross-examining
him. <br><br>
According to the ACLU, the Material Support Law is “in desperate need of
re-evaluation and reform.” The Supreme Court didn’t see that need, but
hopefully, Congress will see that the law is shredding our Constitution
in the name of national security and undermining bona fide humanitarian
efforts, thus, causing an economic chokehold on Occupied Palestine.
<br><br>
<b>Noor Elashi</b> is a writer based in New York City.<br><br>
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