Dallas Morning News
 
November 10, 2008
 
Closing arguments in terrorism financing case present different pictures of Holy Land Foundation

By JASON TRAHAN / The Dallas Morning News

Charity or terrorist front.

These were the competing labels applied to the Holy Land Foundation Monday as lawyers began making their closing arguments to jurors, who will soon begin deliberations on two months of testimony and more than 500 pieces of evidence.

Prosecutor Barry Jonas began his argument Monday by telling jurors that their job is to determine if five defendants broke U.S. law by funneling more than $12 million to Hamas. The terrorism financing case is not, he said, a referendum on decades of conflict in the Middle East. “You’re not going to decide who’s right and who’s wrong in the Palestinian-Israeli conflict,” he said.

He told jurors that throughout the two-month trial, the defense has stressed the defendants’ relief work on behalf of Palestinians under Israeli occupation in order “to distract you” from evidence that the defendants gave Hamas money.

He reminded jurors that since 1995, U.S. law has prohibited any support of Hamas, including humanitarian aid. The government contends that Holy Land sent money to specific Palestinian charity groups, called zakat committees, in Hamas’ social services wing. That wing provides aid to Palestinians, particularly relatives of suicide bombers.

“The Holy Land Foundation was created to support Hamas,” he said. These defendants “gave fuel that runs the Hamas engine.”

Theresa Duncan, an attorney for former Holy Land CEO Shukri Abu Baker, began the defense summations by saying that Holy Land’s good works on behalf of Palestinians oppressed under Israeli occupation are not “mere distractions,” but are central to the case.

“This case has always been about charity,” she said. “This case is not about exploiting needs for a political agenda.”

She said that for Mr. Baker and Holy Land, “providing relief to people was not just a job, it was a religious obligation.”

Mr. Jonas told jurors Monday that there is “no question” that Palestinians needed and continue to need substantial aid, and that charity normally is a noble endeavor.

“We all believe in supporting charity,” he said. “But the charity we support does not come with strings attached. I understand it’s a difficult concept to grasp when we see pictures of children,” he said.

“The bottom line is, it’s illegal to give money to Hamas.”

Ms. Duncan said the defendants always wanted to follow the law. Holy Land submitted its books to annual audits, she said, and the charity kept detailed records for years — well beyond its obligations as a tax-free entity.

And after the U.S. declared Hamas a terrorist organization, Holy Land hired a former Dallas congressman to help the organization approach the U.S. government to get advice about which overseas groups were off limits to fund, but they were rebuffed, she said. The zakat committees Holy Land funded are still not designated as terrorism fronts, she reminded jurors.

During his closing, Mr. Jonas re-played several videos of Holy Land fundraisers in the U.S., some featuring songs with lyrics praising martyrdom, jihad and glorifying Hamas founders.

“If it walks like a duck and talks like a duck, it’s a duck,” Mr. Jonas said. “This was a Hamas rally. Who are we kidding?”

Mr. Jonas addressed defense arguments that praising Hamas is protected by the First Amendment.

“You’ve all seen the police shows — ‘You have the right to remain silent,’” he said. “They have every right to say they support of Hamas, but when they start giving money to Hamas, what they said can and will be used against them.”

Mr. Jonas said that for more than 13 years, the defendants “deceived the American public” into thinking they were a legitimate charity.

“They were part of a larger plan to eliminate the state of Israel and take over their land,” he said. “By supporting Hamas, they helped create widows and orphans. Find them guilty.”

Ms. Duncan told jurors that “no one disputes that Hamas is a terrorist organization.” She said that Mr. Baker never “advocated for the destruction of Israel. Shukri’s life and work is about helping people and not hurting them.”

Attorneys for the other four defendants are expected to finish their summations Tuesday, with the government having the final word in a brief follow-up.

Deliberations could begin as early as Tuesday afternoon.

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/111108dnmetholyland.19c5ef44c.html
 
Posted on November 11, 2008 at 4:02 PM PST