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Context of 'October 19, 2007: Mistrial in Holy Land Foundation Prosecution'

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1989: Holy Land Foundation Formed in US

Holy Land Foundation logo.Holy Land Foundation logo. [Source: Holy Land Foundation]The Holy Land Foundation charity is established in the US, two years after Hamas was founded in the Middle East. From the very beginning, there are signs that Holy Land is supports illegal violent acts committed by Hamas. For instance, In 1990, Haitham Maghawri will apply for asylum in the US. He will tell the INS that he had been arrested several times in Lebanon, once for placing a car bomb. He will be denied asylum, but will gain permanent residence by marrying a US citizen. He then will become executive director of Holy Land. Additionally, government documents, corporate records, and Arabic-language articles show clear connections between Hamas, Holy Land, and a closely related group, the Islamic Association for Palestine (IAP). For instance, in the late 1980s, Mousa Abu Marzouk, a known political leader of Hamas living in the US, is the chairman of IAP’s advisory committee and donates hundreds of thousands of dollars to the IAP. The IAP publicly recommends Muslims should donate money to Holy Land to support Hamas in the Palestinian intifada (uprising) against Israel. According to international law, violent acts against Israeli military targets are not illegal, but such acts against civilian targets are, and Hamas freely acknowledges that it does both. As a result, financial support in the US for Hamas is controversial and often done in secret. Hamas will not be officially declared a terrorist group until 1995, and after this all US financing support for Hamas will be done in secret (see January 1995). [Dallas Morning News, 4/8/1996; Associated Press, 12/12/2001; Chicago Tribune, 12/16/2001; Dallas Morning News, 12/20/2002]

Entity Tags: Holy Land Foundation for Relief and Development, Islamic Association for Palestine, Haitham Maghawri

Timeline Tags: Complete 911 Timeline

Steve McGonigle.Steve McGonigle. [Source: University of Texas at Austin]In October 1994, CBS News shows a documentary made by counterterrorism expert Steven Emerson called Jihad in America that alleges the Islamic Association for Palestine (IAP) and Holy Land Foundation have given critical financial support to Hamas. The story is largely based on confessions that Hamas operative Mohammad Salah and another man gave to Israeli officials in 1993 (see January 1993). It claims that these two Texas-based organizations are sending more than a million dollars to Hamas, much of it to buy ammunition. The US officially declares Hamas a terrorist organization in 1995 (see January 1995), and a new law passed in 1996 confirms a 1995 executive order that giving any support to groups like Hamas a crime (see April 25, 1996). [Dallas Morning News, 10/5/1994; Dallas Morning News, 4/8/1996] In March 1996, the Israeli government closes the Jerusalem office of the Holy Land Foundation because of alleged ties to Hamas. This prompts Steve McGonigle, a reporter at the Dallas Morning News, to begin investigating Holy Land, since their headquarters are near Dallas. Beginning in April 1996, McGonigle begins reporting on Holy Land and their ties to Hamas. He notices by looking at public records that Mousa Abu Marzouk, the political leader of Hamas being detained in New York (see July 5, 1995-May 1997), has provided hundreds of thousands of dollars in funding to Holy Land beginning in 1992, the same information that FBI agents like Robert Wright are already aware of. In 1997, the Associated Press will note that Marzouk gave Holy Land its single biggest contribution in the first five years of Holy Land’s existence. Members of Congress such as US Representative Nita Lowey (D-NY) ask the IRS to revoke the Holy Land Foundation’s tax-exempt status because of its support for a US-designated terrorist group. McGonigle also publishes that Marzouk’s wife invested $250,000 in 1993 in InfoCom, the computer company located next to Holy Land that will also be accused of Hamas ties (see September 16, 1998-September 5, 2001). McGonigle will continue to write more stories about Holy Land and Hamas, causing Holy Land to sue his newspaper for defamation in April 2000 (the suit will be dropped after 9/11). [Dallas Morning News, 4/8/1996; Associated Press, 5/26/1997; Columbia Journalism Review, 1/2002] Yet despite all of this media coverage, InfoCom will not be raided until one week before 9/11 (see September 5-8, 2001), and the Holy Land Foundation will not be raided until after 9/11.

Entity Tags: Steve McGonigle, Mousa Abu Marzouk, Mohammad Salah, Steven Emerson, InfoCom Corp., Hamas, Islamic Association for Palestine, Nita Lowey, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

The New York Times reports that “In recent months, American officials have circulated within the government a list of more than 30 groups that they are examining for links to terrorism, at least two of which are based in the United States.” The only groups specifically mentioned as being on the list are: [New York Times, 2/19/2000]
bullet The Islamic African Relief Agency (IARA), a charity said to be tied to the government of Sudan, which the US officially lists as a terrorism sponsor. The State Department’s USAID program gave the IARA two grants in 1998 worth $4.2 million for work in Mali, then later cancelled the grants (see November 1996-Late December 1999).
bullet The Holy Land Foundation, based in Richardson, Texas.
bullet The Global Relief Foundation, also based in Richardson, Texas.
bullet Human Concern International, a Canadian-based group shut down by Canada in 1997.
The US government is said to be stepping up investigations into such charities, and talking to countries in the Persian Gulf about their support of specific charities. “But officials said Washington had been reluctant to interfere in a domain safeguarded by constitutional guarantees of free association and separation of church and state. In addition, officials said, they lacked evidence that could be used in public court proceedings.” [New York Times, 2/19/2000] Later in 2000, the State Department will ask its USAID program not to give aid to Holy Land any more. It will cite the payments the charity gives to the families of suicide bombers. [New York Times, 8/25/2000] But aside from this one minor step, the US will take no actions against any of the four named charities until after 9/11. Three of the charities will be shut down shortly after 9/11 (see December 4, 2001; October 12, 2001), while in 2004 the IARA will be shut down for providing “direct financial support” to al-Qaeda. [New York Times, 8/25/2000]

Entity Tags: Holy Land Foundation for Relief and Development, Human Concern International, Global Relief Foundation, US Department of Justice, Islamic African Relief Agency

Timeline Tags: Complete 911 Timeline

David Boim.David Boim. [Source: Public domain]The parents of a US teenager killed in a West Bank attack sue Mohammad Salah, Mousa Abu Marzouk, the Holy Land Foundation, Quranic Literacy Institute, and Islamic Association for Palestine (IAP) for $600 million. Stanley and Joyce Boim claim these people and entities were a “a network of front organizations” in the US that funded the attack that killed their 17-year-old David Boim. Their son was gunned down in 1996 while waiting at a bus stop; the attack was blamed on Hamas. Suing suspected terrorists for damages is allowed under a 1992 law, but it had never been done before. The suit claims that the Hamas finance network paid for the vehicle, machine guns, and ammunition used to kill Boim. The case is based on the investigative work of FBI agent Robert Wright and his Vulgar Betrayal investigation. Salah’s house and bank accounts were seized as part of the investigation. [Associated Press, 5/14/2000; Associated Press, 6/6/2002] The Holy Land Foundation is defended in the suit by Akin, Gump, Strauss, Hauer & Feld, a Washington law firm said to have influence with the Bush family. For instance, one firm partner is James Langdon, one of the future President Bush’s close Texas friends. [Boston Herald, 12/11/2001] On December 9, 2004, it will be announced that the elder Boims have won the suit. All of the above-mentioned people and entities will be found guilty and ordered to pay the Boims a total of $156 million. There is little chance the Boims will ever see all of that large sum, especially since the organizations will be shut down and have their assets frozen in the years since the suit began. Joyce Boim will say, “I finally have justice for David. He’s up there, smiling down.” [Associated Press, 12/9/2004]

Entity Tags: Vulgar Betrayal, Hamas, Mousa Abu Marzouk, Islamic Association for Palestine, Robert G. Wright, Jr., Mohammad Salah, Quranic Literacy Institute, Akin, Gump, Strauss, Hauer & Feld, David Boim, Joyce Boim, Holy Land Foundation for Relief and Development, Stanley Boim

Timeline Tags: Complete 911 Timeline

On December 3, 2001, New York Times reporter Judith Miller telephones officials with the Holy Land Foundation charity in Texas and asks them to comment about what she says is a government raid on the charity planned for the next day. Then in a December 4, 2001, New York Times article, Miller writes that President Bush is about to announce that the US is freezing the assets of Holy Land and two other financial groups, all for supporting Hamas. US officials will later argue that Miller’s phone call and article “increased the likelihood that the foundation destroyed or hid records before a hastily organized raid by agents that day.” Later in the month, a similar incident occurs. On December 13, New York Times reporter Philip Shenon telephones officials at the Global Relief Foundation in Illinois and asks them to comment about an imminent government crackdown on that charity. The FBI learns that some Global Relief employees may be destroying documents. US attorney Patrick Fitzgerald had been investigating the charities. He had been wiretapping Global Relief and another charity in hopes of learning evidence of criminal activity, but after the leak he changes plans and carries out a hastily arranged raid on the charity the next day (see December 14, 2001). Fitzgerald later seeks records from the New York Times to find out who in the Bush administration leaked information about the upcoming raids to Miller and Shenon. However, in 2005 Fitzgerald will lose the case. It is still not known who leaked the information to the New York Times nor what their motives were. Ironically, Fitzgerald will succeed in forcing Miller to reveal information about her sources in another extremely similar legal case in 2005 involving the leaking of the name of CIA agent Valerie Plame. [New York Times, 12/4/2001; New York Times, 12/15/2001; Washington Post, 9/10/2004; Washington Post, 2/25/2005] The 9/11 Commission will later conclude that in addition to the above cases, “press leaks plagued almost every [raid on Muslim charities] that took place in the United States” after 9/11. [Washington Post, 9/10/2004]

Entity Tags: Philip Shenon, Patrick J. Fitzgerald, Judith Miller, Hamas, Holy Land Foundation for Relief and Development, Federal Bureau of Investigation, George W. Bush, Global Relief Foundation, Bush administration (43)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Holy Land Foundation is shut down and its assets are seized. Holy Land claimed to be the largest Muslim charity in the US. It claimed to raise millions for Palestinian refugees and denied any support for terrorism. In justifying the move, the US government presents evidence of ties between the Holy Land and Hamas. Much of this evidence dates back to 1993; the Associated Press titles a story on the closure, “Money Freeze A Long Time Coming.” [Associated Press, 12/5/2001] Holy Land offices in San Diego, California; Paterson, New Jersey; and Bridgeview, Illinois, are also raided. [CNN, 12/4/2001] The indictment says Holy Land has been “deeply involved with a network of Muslim Brotherhood organizations dedicated to furthering the Islamic fundamentalist agenda espoused by Hamas.” [Washington Post, 9/11/2004] Holy Land is represented by the powerful law firm of Akin, Gump, Strauss, Hauer & Feld. Three partners at Akin, Gump are very close to President Bush: George Salem chaired Bush’s 2000 campaign outreach to Arab-Americans; Barnett “Sandy” Kress was appointed by Bush as an “unpaid consultant” on education reform and has an office in the White House; and James Langdon is one of Bush’s closest Texas friends. [Boston Herald, 12/11/2001; Washington Post, 12/17/2001] The leaders of Holy Land will be charged with a variety of crimes in 2002 and 2004 (see December 18, 2002-April 2005).

Entity Tags: Hamas, Muslim Brotherhood, Akin, Gump, Strauss, Hauer & Feld, US Department of the Treasury, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

Ghassan Elashi holds a press conference and denies any connection to terrorist funding.Ghassan Elashi holds a press conference and denies any connection to terrorist funding. [Source: Associated Press]Mousa Abu Marzouk, his wife, and five brothers (Ghassan Elashi, Bayan Elashi, Hazim Elashi, Basman Elashi, and Ihsan Elashi) are charged with conspiracy, money laundering, dealing in the property of a designated terrorist, illegal export, and making false statements. The brothers are arrested in Texas, but Marzouk and his wife are living in Syria and remain free. Marzouk is considered a top leader of Hamas. FBI agent Robert Wright had been investigating Marzouk and the brothers since the late 1990s. Wright is set to appear on ABC News on December 19, 2002, to complain that the FBI had failed to prosecute Marzouk for years. As the New York Post notes, “That got results: A day before the show aired, Attorney General Ashcroft announced he would indict Marzouk.” [BBC, 12/18/2002; Associated Press, 12/18/2002; Washington Post, 12/19/2002; New York Post, 7/14/2004] FBI agent John Vincent, who worked closely with Wright, comments, “From within the FBI, [Wright] and I tried to get the FBI to use existing criminal laws to attack the infrastructure of terrorist organizations within the United States, but to no avail. It took an appearance [on television] by [Wright] and I to propel them into making arrests that they could have made as early as 1993.” [Federal News Service, 6/2/2003] ABC News similarly notes, “Marzouk was in US custody in 1997 and under criminal investigation then for much the same crimes cited today.” [ABC News, 12/18/2002] Ghassan Elashi was the vice president of InfoCom Corporation, which was raided on September 5, 2001 (see September 5-8, 2001). He was also chairman of Holy Land Foundation, which was shut down in December 2001. InfoCom and Holy Land were based in the same Texas office park and shared many of the same employees. [Guardian, 9/10/2001; CBS News, 12/18/2002; Associated Press, 12/23/2002] Holy Land raised $13 million in 2000 and claimed to be the largest Muslim charity in the US. The government charges that Hamas members met with Ghassan Elsashi and other Holy Land officials in 1993 to discuss raising money for the families of suicide bombers (see October 1993). Wright had begun an investigation into Holy Land that same year, but he faced obstacles from higher-ups and eventually his investigation was shut down. [CBS News, 12/18/2002; New York Times, 7/28/2004] In 2004, the five Elashi brothers will be convicted of selling computer equipment overseas in violation of anti-terrorism laws. In 2005, three of the brothers, Ghassan, Basman, and Bayan Elashi, will be found guilty of supporting Hamas by giving money to Mazouk through 2001. [BBC, 7/8/2004; Associated Press, 4/13/2005] In July 2004, Ghassan Elashi will be charged again, along with four other former Holy Land officials. Two other Holy Land officials will also charged but not arrested, since they had recently left the country. Sen. Charles Schumer (D-NY) will state: “I wonder why this prosecution has taken so long. I think until recently we have not put the resources needed into tracking groups that finance terrorism, and the fact that they didn’t get 24-hour surveillance on these two who escaped is galling and perplexing.” [New York Times, 7/28/2004] In 2007, this court case will result in a mistrial, and be cast as a major setback for the Justice Department (see October 19, 2007).

Entity Tags: Charles Schumer, Bayan Elashi, Basman Elashi, Federal Bureau of Investigation, Ihsan Elashi, Mousa Abu Marzouk, John Ashcroft, Hazim Elashi, Ghassan Elashi, Nadia Elashi

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a report on terrorism financing. Its conclusions generally stand in complete contrast to a great body of material reported by the mainstream media, before and after this report. For instance, while the report does mention some terrorism-supporting organizations in great detail, such as the Global Relief Foundation or Al Barakaat, many seemingly important organizations are not mentioned a single time in either this report or the 9/11 Commission Final Report. The Commission fails to ever mention: BMI, Inc., Ptech, Al Taqwa Bank, Holy Land Foundation, InfoCom, International Islamic Relief Organization, Muslim World League, Muwafaq (Blessed Relief) Foundation, Quranic Literacy Institute, and the SAAR network or any entity within it. Additionally, important efforts to track terrorist financing such as Vulgar Betrayal and Operation Greenquest are not mentioned a single time. [9/11 Commission, 7/24/2004, pp. 61; 9/11 Commission, 8/21/2004, pp. 134-5 pdf file] Some select quotes from the report:
bullet “While the drug trade was an important source of income for the Taliban before 9/11, it did not serve the same purpose for al-Qaeda. Although there is some fragmentary reporting alleging that bin Laden may have been an investor, or even had an operational role, in drug trafficking before 9/11, this intelligence cannot be substantiated and the sourcing is probably suspect.” Additionally, there is “no evidence of [al-Qaeda] drug funding after 9/11.” [9/11 Commission, 8/21/2004, pp. 22-23 pdf file]
bullet “[C]ontrary to some public reports, we have not seen substantial evidence that al-Qaeda shares a fund-raising infrastructure in the United States with Hamas, Hezbollah, or Palestinian Islamic Jihad.” [9/11 Commission, 8/21/2004, pp. 24 pdf file]
bullet “The United States is not, and has not been, a substantial source of al-Qaeda funding, but some funds raised in the United States may have made their way to al-Qaeda and its affiliated groups. A murky US network of jihadist (holy war) supporters has plainly provided funds to foreign mujaheddin with al-Qaeda links. Still, there is little hard evidence of substantial funds from the United States actually going to al-Qaeda. A CIA expert on al-Qaeda financing believes that any money coming out of the United States for al-Qaeda is ‘minuscule.’” [9/11 Commission, 8/21/2004, pp. 24 pdf file]
bullet The notion “that bin Laden was a financier with a fortune of several hundred million dollars” is an “urban legend.” “[S]ome within the government continued to cite the $300 million figure well after 9/11, and the general public still [incorrectly] gives credence to the notion of a ‘multimillionaire bin Laden.’” [9/11 Commission, 8/21/2004, pp. 20, 34 pdf file] (A few months after this report, it will be reported that in 2000 over $250 million passed through a bank account jointly controlled by bin Laden and another man (see 2000).)
bullet “To date, the US government has not been able to determine the origin of the money used for the 9/11 attacks.… Ultimately the question of the origin of the funds is of little practical significance.” [9/11 Commission, 8/21/2004, pp. 144 pdf file]
bullet “The US intelligence community has attacked the problem [of terrorist funding] with imagination and vigor” since 9/11. [New York Times, 8/22/2004]
bullet According to the New York Times, the report “largely exonerate[s] the Saudi government and its senior officials of long-standing accusations that they were involved in financing al-Qaeda terrorists.” [New York Times, 8/22/2004] Author Douglas Farah comments on the Commission’s report, “The biggest hole is the complete lack of attention to the role the Muslim Brotherhood has played in the financing of al-Qaeda and other radical Islamist groups. While the ties are extensive on a personal level, they also pervade the financial structure of al-Qaeda.… According to sources who provided classified briefing to the Commission staff, most of the information that was provided was ignored.… [T]he Commission staff simply did not include any information that was at odds with the official line of different agencies.” [Farah, 8/27/2004]

Entity Tags: Muwafaq Foundation, Vulgar Betrayal, Operation Greenquest, Osama bin Laden, Saudi Arabia, Quranic Literacy Institute, Palestinian Islamic Jihad, Muslim World League, SAAR Foundation, Muslim Brotherhood, Ptech Inc., InfoCom Corporation, Al-Qaeda, Al Taqwa Bank, 9/11 Commission, BMI Inc., Al Barakaat, Central Intelligence Agency, Douglas Farah, Holy Land Foundation for Relief and Development, International Islamic Relief Organization, Global Relief Foundation, Hamas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a setback for the Justice Department, a mistrial is declared in the government’s attempted prosecution of the Holy Land Foundation for Relief and Development (see 1989), a now-defunct Muslim charity that the government accused of sponsoring terrorism back in 2001. The mistrial was not the first verdict sent down; the judge originally announced a near-complete acquittal of Holy Land’s top officials on terrorist financing charges. However, three jurors stated in court that the verdict was incorrect, the judge sent the jury back into chambers for further deliberations. A mistrial of four Holy Land officials is declared after the jury declares itself locked, and a fifth official is declared innocent of all but one charge, where the jury again finds itself unable to render a verdict. The mistrials and acquittals are a blow to the Justice Department and the White House, both of which have billed the prosecution of Holy Land as the best efforts in years to secure a clear victory against terrorism. “It’s a major loss for the government,” says law professor Jonathan Turley, who has himself represented alleged terrorist financiers against the Justice Department. The case was never as solid as it was presented by government officials. In 2001, after Holy Land was declared a terrorist sponsor by the Bush administration and its funds were frozen (see February 19, 2000 and December 4, 2001), civil libertarians called the government’s definition of sponsorship of terrorism overly broad, and Holy Land fought back in court. In 2004, the government indicted Holy Land and its top leaders, leveling accusations that the charity and its officials had funnelled $12 million to the terrorist group Hamas through secondary charities (see October 1994-2001, May 12, 2000-December 9, 2004 and December 18, 2002-April 2005). A summary of wiretapped conversations between charity officials contained inflammatory anti-Semitic statements, which bolstered the government’s case in the public eye, but when the actual transcripts were examined, no such anti-Semitic statements could be found. And the government’s strategy of adding a long list of “unindicted co-conspirators” to its allegations against Holy Land, a list which includes many prominent Muslim organizations still legally operating inside the US, has caused many to accuse the government of conducting a smear campaign (see December 3-14, 2001 and August 21, 2004). While the Justice Department may well retry the case, the verdict, which seems to favor the defendants, “doesn’t bode well for the government’s prosecution” of this and other similar cases, says export controls lawyer Judith Lee. [US News and World Report, 10/22/2007]

Entity Tags: US Department of Justice, Jonathan Turley, Hamas, Judith Lee, Holy Land Foundation for Relief and Development, Bush administration (43)

Timeline Tags: Complete 911 Timeline

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