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<font size=4><b>Holy Land 5 case reveals double standard in enforcement
of US law <br><br>
</b></font><font size=3>Report, <i>The Electronic Intifada,</i> 20 July
2010 <br><br>
<a href="http://electronicintifada.net/v2/article11410.shtml" eudora="autourl">
http://electronicintifada.net/v2/article11410.shtml<br><br>
</a>"I had no intention in my mind and my heart but to help the
Palestinian indigenous people who are and have been facing unusual
economic distress ... nothing in my life was as satisfactory and as
self-fulfilling as knowing that I could sign a check. It is the only
evidence you have against me, signing the check."<br><br>
At a special session on Palestinian political prisoners at the US Social
Forum in Detroit last month, Noor Elashi recited that statement given by
her father, Ghassan, when he was sentenced by a federal court in May
2009. Ghassan Elashi is the co-founder of the Holy Land Foundation (HLF),
which was the largest Muslim charity in the US before it was shut down by
the Bush Administration in 2001. <br><br>
Sending aid not just to Palestinians living under the thumb of Israel's
military occupation, but to people in Bosnia, Albania, Chechnya and
Turkey, the HLF was also involved in local and national humanitarian
relief. The organization set up food banks on the East Coast, helped
victims of the 1995 Oklahoma City bombing and provided assistance to
people after floods and tornadoes devastated parts of Iowa and Texas in
the 1990s.<br><br>
Three months after the 11 September 2001 attacks, the US Treasury
department froze the HLF's bank accounts as the Executive branch shut
down the organization under the auspices of the PATRIOT Act. Using a new
provision called the Material Support Law, the US State Department
accused the five HLF founders -- now dubbed the Holy Land Five -- of
providing "assistance" to designated "terrorist
groups" (namely Hamas) in Palestine. The Bush Administration
immediately closed the organization and launched aggressive charges
against the charity workers. There was no hearing, and the prosecution
was authorized to use secret evidence.<br><br>
Several other American faith-based relief organizations were also caught
in the post-11 September hysteria of charity closures under the same new
laws and executive orders. The legislation has been challenged by civil
rights groups in the US Supreme Court as unconstitutional, but was upheld
and used to sentence Ghassan Elashi, a father of six who immigrated to
the US in 1978, to 65 years in prison.<br><br>
On 21 June 2010, the Supreme Court ruled to continue to authorize
prosecutions of charities under the Material Support provision,
disappointing families and supporters of the Holy Land Five and troubling
US-based organizations that directly support grassroots humanitarian
programs in the Middle East.<br><br>
Noor Elashi, a 24-year-old master of fine arts candidate at the New
School in New York City, told The Electronic Intifada that her father's
legal team is in the middle of appealing the entire HLF case. "The
attorneys are working with the American Civil Liberties Union and the
Center for Constitutional Rights," she said. "The overall
impression is that the upholding of the Material Support Law is not the
best thing that could happen regarding this case. It's not the most
positive step. But that said, there are so many other grounds for appeal,
such as evidentiary issues and the prosecution's use of an anonymous
witness."<br><br>
Prosecutors working for the Bush Administration accused the HLF of
supporting Hamas by trying to "win hearts and minds" of the
Palestinian population through humanitarian assistance, and that the
charities HLF worked with were "front groups" for the political
party. But after several years of wiretapping phone lines, seizing
documents and following money trails, the prosecution couldn't support
its allegations of an HLF-Hamas connection. Elashi said they then
resorted to calling on an anonymous Israeli intelligence officer, who
called himself "Avi," as a key witness who told the jury he was
an expert who could "smell Hamas."<br><br>
"It was the only time in the history of the United States that a
witness inside a courtroom was allowed to remain anonymous, so the
defense couldn't cross-examine him," Elashi said. "That in and
of itself is huge grounds for appeal." <br><br>
In fact, Israeli intelligence officers, in an unprecendented move, were
allowed to testify in secret using pseudonyms and disguises and without
the defense being given a full opportunity to cross-examine them during
the 2006 federal trial in Chicago of American citizen Muhammad Salah and
stateless Palestinian Abdelhaleem Ashqar. Accused of
"racketeering" charges related to fundraising for Hamas, both
men were acquitted of all the terrorism-related charges, but each was
found guilty on single counts of obstruction of justice; Salah for lying
on a form in a civil case and Ashqar for refusing to testify before a
grand jury.<br><br>
Additionally, the US government infamously led
<a href="http://electronicintifada.net/v2/article6767.shtml">a lengthy,
repressive, and racist assault</a> against the Palestinian-American
professor and political activist Dr. Sami al-Arian. Al-Arian, who remains
under house arrest following a six-year prison sentence -- which included
spending 43 months locked in solitary confinement -- was also charged, as
the HLF were, under the Material Support Law.<br><br>
Elashi stressed that the HLF was never convicted of giving charity to
designated "terrorist" groups, but in the end they were
convicted of conspiring to give charity to <i>zakat</i> or charitable
committees in Palestine.<br><br>
"I feel like at this point, anybody is at risk," Elashi said.
"This is the time to be worried. What essentially can happen is that
any American can be prosecuted for giving any type of charity, or any
type of aid. Even a former president is at risk of being
prosecuted," she said, referring to how Jimmy Carter has helped
train election workers in Lebanon.<br><br>
"The problem with the law is that it's way too vague," Elashi
added, "and because it's way too vague, it really singles out groups
from the rest of the population, and typically singles out Muslim
charities as well as Arab-American individuals. And it's all being done
in the name of national security, but what it's really doing is shredding
the constitution and causing an economic chokehold on occupied
Palestine."<br><br>
Elashi told The Electronic Intifada that despite the circumstances, her
father is extremely hopeful about the appeals process. "Opening the
charity was a form of optimism," she said. "He knew from the
first day that when he started the charity it was going to be a
challenge. Soon after, he got attacked from pro-Israeli politicians and
lobbyists, who tried to link the charity to Hamas and acts of violence.
He continued to do everything possible to make sure that the charity kept
running, and did pretty much what every other American aid organization
did -- USAID, the Red Cross, and the UN all gave money to the very same
<i>zakat</i> committees that were listed in the HLF
indictment."<br><br>
The Elashi family has not been allowed to visit Ghassan in prison, Noor
Elashi said, for quite some time. In the fall of 2009, after one of the
visits, a prison guard told the inmates and the families to disperse. But
Noor's younger brother Omar -- who lives with Down's Syndrome -- ran to
hug his father, and at that point the prison guard yelled at Ghassan,
saying that he disobeyed orders. The guard filed a complaint that led to
an internal investigation, and the prison ruled that there would be a
six-month to one-year visitation ban.<br><br>
Even after Ghassan was moved to another prison, the visitation ban moved
with him. "We get two phone calls from him every month, which is
significantly less than we would get from any other prison," Elashi
said. "We hope to finally see him in September or October."
Ghassan is currently being held inside a Communications Management Unit
(CMU) in Illinois, a block within some prisons that are nicknamed
"little Guantanamos" due to the overwhelming population of
Muslims and people of Arab and Middle Eastern descent.<br><br>
Defense Attorney Nancy Hollander, on behalf of the Holy Land Five, told
The Electronic Intifada that the legal team is optimistic about the
appeal. "We are currently working on our brief to the Fifth
Circuit," Hollander remarked. "The current deadline is 3
August, but that might get extended into September. All of our clients
have been moved to other prisons. We are in contact with them regularly.
We remain hopeful."<br><br>
Meanwhile, private, US-based, pro-Israel groups are currently sending
millions of dollars every year to support illegal settlement colonies and
right-wing Zionist settlers in the occupied West Bank. <i>The New York
Times</i> reported on 5 July that at least 40 US-based organizations are
actively donating more than $200 million in tax-deductible
"gifts" to build and sustain illegal settlements. According to
the <i>Times</i>, some of the donations also pay for "legally
questionable" items such as bulletproof vests, guard dogs, weapon
accessories and armored security vehicles
("<a href="http://www.nytimes.com/2010/07/06/world/middleeast/06settle.html">
Tax-Exempt Funds Aid Settlements in West Bank</a>").<br><br>
Daniel C. Kurtzer, the former US ambassador to Israel, told the
<i>Times</i> "a couple of hundred million dollars makes a huge
difference" in terms of supporting the settlement industry, and if
carefully focused, "helps to create a new reality on the
ground."<br><br>
As of now, there is no indication that any of these faith-based,
pro-settlement groups will face the kind of treatment and lengthy,
expensive trials under the guise of the Material Support Law like those
the Holy Land Five have faced. Noor Elashi told The Electronic Intifada
that there is an obvious double standard being applied and enforced
against her father and his colleagues.<br><br>
However, she said that her father "feels his ordeal like he feels a
fly on his shoe ... He believes that it's going to pass, and he's still
very proud of everything he's accomplished. His work has been the most
rewarding part of his life. He's helped people rebuild homes and has
given hungry people food. That's what nourishes him. So he's optimistic
about the appeal."<br><br>
At the US Social Forum in Detroit, Elashi read the last part of her
father's statement upon his sentencing. "We helped Palestinian
orphans and needy families, giving them hope and life," he stated.
"We gave them hope and life ... And what was the occupation giving
them? It was providing them with death and destruction. And then we are
turned criminals. That is irony." <br><br>
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