I am posting this on behalf of reporter Kevin Keenan:
The former Dukakis presidential campaign manager Susan Estrich and noted civil libertarian lawyer Harvey Silverglate were hired to argue First Amendment issues in a criminal case involving a former Islamic charity and two of its officers, who are charged with misrepresenting the charity's work by failing to disclose it sent funds to jihadists.
The two lawyers entered appearances last week as counsel for Emadeddin Z. Muntasser a Brookline, Mass., furniture store owner accused of misleading the government about the nature of Care International Inc., a charity the government claims supported jihadist groups. Muhammed Mubayyid of Shrewsbury, Mass., is also charged in the case, which is being heard in U.S. District Court in Worcester. An indictment was filed in May 2005.
Silverglate said he and Estrich were drawn to the case because they believe it involves First Amendment issues, including freedom of religion and freedom of speech. The First Amendment is rarely an issue in criminal cases, but Silverglate said his client had a right to distribute pro-jihad literature and to raise money for its causes.
Last Thursday, Muntasser and Mubayyid's lawyers submitted a motion to dismiss the indictment against them. The lawyers made several arguments for a dismissal, including that the U.S. government supported and organized charities that also supported jihadist and mujahideen organizations in Afghanistan during the Soviet occupation there, and that it is a constitutionally protected right to solicit for, or promote such “religious” efforts.
"Religion permeates this entire case," the lawyers’ memo said. "Care was set up to advance religious goals; jihad is a religious concept; zakat (giving to charity) is a religious obligation; support for the mujahideen is, according to certain interpretations of the Koran, a religious command. It is absolutely clear that the government is not free to prefer one religion over another: If Jews and Catholics are free to raise money and support their chosen causes domestically and internationally, no different rules may be applied ...
"At the heart of this case is the right of an established religious charity to collect funds and distribute literature. That right has been repeatedly reaffirmed by the Supreme Court, even where municipalities and other local governments found the message of the charities offensive and their fundraising downright reprehensible. That speech protection is at its greatest when the underlying cause is religious in nature; and it does not matter that solicitation of funds is involved."
Care International, not to be confused with the well-known humanitarian agency with the same name, was a successor organization to the Boston branch of Al-Kifah. The charity ceased in 2003. Care literature claimed that Hamas founder Abdullah Azzam was also its founder and inspiration. The group distributed Azzam’s book “Join the Caravan,” and a pro-jihad newsletter called “Al-Hussam (The Sword),” in addition to raising money for jihadist causes, according to prosecutors. Prosecutors allege the group lied to the IRS, the INS and the FBI about the nature of its charity, by not disclosing that it promoted jihad and sent money to terror groups. The IRS claims the group would not have been given nonprofit status had it truthfully disclosed its activities.
Care allegedly sent money to Maktab al Khidmat, al Qaeda’s precursor, which was co-founded by Osama bin Laden and Azzam. MAK was the first organization the U.S. Treasury Department designated as terrorist-supporting group, on Sept. 23, 2001, and then by the United Nations on Oct. 6, 2001.
A government affidavit also alleges that Care donated money to the Global Relief Fund from 1998 “to the fall of 2001,” and to the Holy Land Foundation, among other Islamic charities now labeled by the U.S. and others as terrorist fundraisers. GRF was designated a terrorist supporting organization by the U.S. and the U.N. in October 2002 for, allegedly providing financial and other assistance to, and received funding from, individuals associated with al Qaeda.
Both Muntasser and Mubayyid plead not guilty to the charges and Silverglate said he expects there will be a trial if the case is not dismissed.
Kevin Keenan, a Worcester, Mass. newspaper reporter wrote this report.
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