Holy Land Foundation defendants guilty on all counts
The prosecution victory is also a major one for the lame duck administration of President George Bush, whose efforts at fighting terrorism financing in court have been troubled, even though the flow of funds seems to be effectively shut down.
It was the second trial where the government attempted to convict the men and the now defunct Richardson-based Holy Land Foundation itself. It took the jury eight days of deliberations to reach its decisions — less than half the time it took jurors to deadlock end up with an almost complete mistrial last year on the first go-around.
“My dad is not a criminal!” sobbed one courtroom observer after the verdicts were read. “He’s a human!”
“It’s a sad day,” said Mohammed Wafa Yaish, Holy Land’s former accountant and himself a witness of the trial. “It looks like helping the needy Palestinians is a crime these days.”
Before he read the verdict, the judge had ordered all observers to remain civil and respect the proceedings.
In the trial’s second, overflow courtroom, reaction to the verdicts was subdued. Family and friends left quietly. Several said they didn’t want to talk.
One supporter of the defendants who identified himself as Adel said, “It’s politicized. I don’t think there is justice. I know these guys. I think everything is lies.”
John Wolf, a friend and member of the Hungry for Justice coalition, said he’d know the defendants for 12 years.
“I’m not surprised,” he said of the verdicts. “I think the government had their do-over and they learned from their mistakes. It’s hard to accept because I don’t believe the gentlemen are guilty. These guys are the sweetest, clean-hearted people.”
By 3 p.m. Monday, jurors had been sent back to the jury room to determine if Holy Land assets should be forfeited to the government because of several convictions on money laundering charges related to the case.
Opening statements at the Earle Cabell Federal Courthouse in downtown Dallas began Sept. 22. Over the past two months, prosecutors attempted to prove that five former charity organizers used Holy Land, once the largest Muslim charity in the U.S., to funnel an estimated $60 million to the militant group — most of it before 1995.
Hamas was designated as a terrorist organization by the U.S. in 1995, and the trial centered on the $12 million the government said Holy Land and supporters funneled to the group after that date.
Defense attorneys argued that the foundation was a legitimate, non-political charity that helped distressed Palestinians under Israeli occupation. They accused the government of bending to Israeli pressure to prosecute the charity, and of relying on old evidence predating the 1995 designation.
Holy Land was formed in the late 1980s, and was shut down by U.S. government regulators in December 2001. The case was indicted in 2004.
Last year’s trial of the same five defendants ended in a hung jury Oct. 22, 2007. Jurors deliberated for 19 days before they deadlocked.
Even before the verdicts were read, supporters on both side of the aisle were prepared to claim a moral victory.
Critics of the government case argued that even convictions would carry an asterisk noting that it took untold millions of taxpayer dollars, 15 years of investigation and two long, high-profile trials to finally convince a jury of the defendants’ guilt.
“I suspect that they will be viewed much the same way that Mandela was viewed by the black South African population — as freedom fighters who have dedicated their lives to the liberation of Palestine,” William Moffitt, the Virginia defense attorney who represented two former university professors, Abdelhaleem Ashqar and Sami Al-Arian, said before the Holy Land verdicts.
Mr. Ashqar and Mr. Al-Arian were acquitted in trials in Chicago and Florida on similar charges that they steered support to Palestinian terrorists.
Mr. Ashqar was sentenced to 11 years in prison last year for refusing to testify for a grand jury about his Hamas ties. Dr. Al-Arian pleaded guilty in 2006 to a charge of supporting Palestinian Islamic Jihad and is being held on contempt charges for refusing to co-operate in another terrorism support investigation. But both are viewed as folk heroes by some in the Muslim community.
Mr. Moffitt said Holy Land and the other cases are “show trials” where the government attempted to use “events that happened over 10 years ago” as evidence of crimes well before statutes specifically outlawing terrorism support were enacted.
“I think that the purpose of these trials was to further, in the minds of the public, the so-called ‘war on terrorism,’” he said. “There are legitimate terrorist organizations out there. But we’ve tried to make every group that doesn’t agree with us like al-Qaeda.”
Mr. Yaish, the Holy Land accountant, said Monday that he was angry that the prosecution brought up the Taliban and al Qaeda during the trial. He called that a fear tactic.
“What does giving charity to the Palestinians in the refugee camps have to do with this?”
“They scared the jurors,” he said. “Fear is the No. 1 government tactic.”
But the Justice Department is likely to claim victory not only with the verdicts, but by trumpeting the shutdown of what prosecutors say was a robust and unsettling American network of terrorist funding.
Holy Land, regardless of the verdict, is defunct. And other international terrorism financing pipelines have been interrupted.
“The government has achieved an awful lot of success here,” said Dennis Lormel, who created the FBI’s Terrorist Financing Operations Section after the Sept. 11 terrorist attacks and is now a security consultant.
“A lot of people will only look at the win/lose of the jury verdict,” said Mr. Lormel, of IPSA International Inc. “I’m looking at it from the perspective of the flow of funding through charities to terrorists. There’s been an incredible amount written and attention put out on this. That’s a deterrent to those who want to fund terrorism.”