http://www.haaretz.com/news/middle-east/leaders-of-u-s-islamic-charity-lose-appeal-in-hamas-case-1.400327
Latest update 09:59 08.12.11
Leaders of U.S. Islamic charity lose appeal in Hamas case
Organizers of the Texas-based Holy Land Foundation, accused of funneling money
and supplies to Hamas, say they were denied a fair trial.
By Reuters Tags: Hamas
A U.S. federal appeals court on Wednesday upheld the convictions of five
leaders of an Islamic charity on charges of funneling money and supplies to
Hamas, which the United States designates as a "terrorist" group.
The organizers of the Texas-based Holy Land Foundation argued they were denied
a fair trial in 2008 when the government used secret Israeli witnesses to
testify against them. The organizers also raised a host of constitutional
challenges to the evidence presented against them at trial.
The 5th U.S. Circuit Court of Appeals rejected those challenges, concluding
that "while no trial is perfect," Holy Land and its leaders were fairly
convicted. The court pointed to "voluminous evidence" that the foundation,
which was started in the late 1980s, had long-running financial ties to Hamas.
Once the largest Muslim charity in the United States, Holy Land was closed by
the administration of former President George W. Bush soon after the attacks of
Sept. 11, 2001.
Holy Land argued that the millions of dollars it raised went to charities in
the West Bank and Gaza known as zakat committees. Although those committees
performed legitimate charitable functions, they were also Hamas social
institutions, the court found.
Federal law makes it a crime to provide material aid and support to a
designated terrorist organization like Hamas, which controls the Gaza Strip and
does not recognize Israel's existence.
"By supporting such entities, the defendants facilitated Hamas' activity by
furthering its popularity among Palestinians and by providing a funding
resource. This, in turn, allowed Hamas to concentrate its efforts on violent
activity," Judge Carolyn King wrote on behalf of the unanimous three-judge
panel.
Federal prosecutors indicted the foundation and its leaders in 2004 for
providing material support to a designated terrorist group.
While the first trial in 2007 ended in a mistrial, a federal jury convicted the
five individuals in 2008 on charges that included money laundering, tax fraud
and conspiracy. The charity organizers received prison sentences ranging from
15 to 65 years.
On appeal, the leaders argued the trial judge should not have allowed two
Israeli witnesses to testify without revealing their real names. Pseudonyms
prevented their lawyers from examining the witnesses' credentials and
backgrounds, they contended.
"The Confrontation Clause of the U.S. Constitution basically didn't apply to
these experts," said Gregory Westfall, a lawyer for defendant Abdulrahman Odeh.
He said his client would likely appeal and predicted the case would eventually
reach the U.S. Supreme Court.
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