After years of investigations and wiretaps, after three
months of court arguments and a record 19 straight days of jury deliberations,
the jury could not return a single guilty verdict on the nearly 200 charges in
a case against the Texas-based Holy Land Foundation (HLF), an American-Muslim
charity.
The federal prosecutors asked the jury for justice and, sure
enough, they got it.
This jury�s decision is a victory for the American people
and a stunning defeat for the prosecution. At the end people chose facts over
fear despite attempts by the prosecution to play into people�s justifiable fear
of terrorism. The jurors sent a clear message that helping the orphans must not
be criminalized.
The American Muslim community, along with others in this
country, will continue to fight for justice and for the right to help those who
are in need, whether in this nation or overseas. Hard working Americans, when
presented with the facts will objectively resist the pressure to convict based
on guilt by association. In this case, and similar ones before this, the
prosecution unsuccessfully tried to cloud the jurors� judgment by presenting
irrelevant evidence and playing on their emotions.
Many observers in this country and abroad viewed these
charges as an attempt to block humanitarian aid to Palestinians suffering under
a brutal Israeli occupation. They were also seen as a means to chill the First
Amendment rights and charitable giving of American Muslims and other people
opposed to our nation�s one-sided policies in the Middle East. In essence, this
was an Israeli trial held on American soil in which guilt by association was
used as a substitute for actual evidence.
The use of surveillance gathered by illegal means and by
spying on citizens, guilt by association, and anonymous foreign witnesses and
evidence threatens the foundation of our rule of law.
Edward Abington, the U.S. Consult General to Jerusalem,
former ambassador and the second ranking intelligence officer for the U.S.
State Department during the mid-1990s. said that the evidence presented by the
prosecution in this case was a �propaganda exercise by the Israelis.�
Describing the thousands of pages presented in this trial, he testified that
�you don�t know where they came from, how they are related to each other. If
you are an American analyst, you can�t rely on those documents as showing a
true picture.�
This trial has been a waste of taxpayers' dollars. In some
estimates, over $20 million have been spent on this case so far. It behooves
the government to be responsible and drop the case. A retrial will only waste
the legal system�s time and American people�s money on what is a fundamentally
unjust charges. According to the AP, William Neal, a juror on the case,
eloquently said, "I thought they
were not guilty across the board." The case "was
strung together with macaroni noodles. There was so
little evidence." He called on the government not retry
the case.
What we observed throughout this trial was similar in many
ways to what happened in the '50s, a political witch-hunt. Senator McCarthy
targeted anyone whom he disagreed with. Today, the witch-hunt is targeting the
American Muslims. It was wrong then and it is wrong today. Joseph N. Welch,
special counsel to the US Army, addressed the senator in a manner that will
continue to echo through the history of this nation: �You've done enough. Have
you no sense of decency, sir, at long last? Have you left no sense of decency?�
Just before this remarkable moment, he told the senator, �Until this moment,
senator, I think I never really gauged your cruelty, or your recklessness.�
It is my hope that the prosecutors learn the lessons from
the past and return our justice system to be one that is based on facts not
emotions. The jurors in Dallas led the way showing that, despite a climate of
fear, they were able to sort fact from fiction. The professionals at the
Department of Justice should take a cue from these ordinary citizens who
embodied the true spirit of American justice.
Ahmad
Al-Akhras is the Vice Chair of the Council on American-Islamic Relations. Over
the years, he observed the concerted efforts to marginalize the Muslim
community and criminalize their basic rights. The outcome of this case affirmed
his faith in his fellow Americans� fairness. Dr. Al-Akhras resides in Columbus,
Ohio, and can be reached at ahmad@alakhras.org.