Dallas, Texas – October 23, 2007 –The US government’s legal battle in the “war on terror” was dealt a stunning blow yesterday when a mistrial was declared after a jury failed to reach a verdict against a Muslim charity accused of being a front for Palestinian fighters. US district judge Joe Fish declared the mistrial after jurors failed to reach a unanimous verdict in the terrorism financing trial of Texas-based Holy Land Foundation for Relief and
Development, after 19 days of deliberations. Juror William Neal, 33, said the trial fell apart because of a lack of evidence. “There was really only one question: Did Hamas control the Zakat committees? There was not enough evidence,” Neal said, referring to local charities in the West Bank and Gaza Strip. “I didn’t see the defendants giving money to Hamas. They were giving money to the Palestinian people.”
The complex trial involved two months of testimony and 197 charges against the charity and five of its officers, four of whom are US citizens. When asked if the government would attempt to retry the case against what was once the largest Muslim charity in the United States, the lead prosecutor said “yes” but would not comment further because of a gag order. Government prosecutors allege the foundation raised more than 12 million dollars for the Palestinian group Hamas, but they do not accuse the charity of directly financing or being involved in terrorist activity.
Instead prosecutors say humanitarian aid was used to promote Hamas, a multi-faceted Islamist political, social and armed movement, which now controls the Gaza Strip, and allow it to divert existing funds to militant activities. “People are reluctant in this country to hold people’s political position against them,” said Peter Margulies, a law professor at Roger Williams University who studies terrorism prosecutions. “The fact that the defendants showed up at conferences with Hamas members and expressed sentiments that paralleled those of Hamas, was apparently not enough to bridge the gap for this jury.”
The United States designated Hamas a terrorist group in 1995 and outlawed any support to the group, including humanitarian aid. President George W. Bush personally announced the shutdown of the Holy Land Foundation three months after the September 11, 2001 attacks, claiming it as a victory in the “war on terror.”
Scores of other Muslim charities were subsequently implicated in the administration’s attempts to block the transfer of funds to terror groups, a move roundly criticized by many in the Muslim community as fuelled by prejudice. Defense attorneys said their clients ran a legitimate charity and had no connection to Hamas, AFP reported.
They argued the government’s evidence reeked of anti-Muslim prejudice and dealt with activities well before the United States outlawed contact with Hamas. “This is a stunning defeat for prosecutors and a victory for America’s legal system,” said Parvez Ahmed, chairman of the Council on American-Islamic Relations.
“The American Muslim community will continue to fight for justice and for the right to help those who are in need, whether in this nation or overseas.” Fish sent the jury back to deliberate yesterday after they acquitted three of the charity’s five leaders of most of the charges against them, but were unable to reach a verdict against two others and the charity itself. When they returned 45 minutes later, jurors said they could not reach a unanimous verdict on any counts except a not guilty verdict on all but one of the 32 charges against the charity’s top fundraiser.