In its latest filing before the federal district court in Dallas on behalf of the Islamic Society of North America (ISNA) and its affiliate organization, the North American Islamic Trust (NAIT) in the Hamas-terrorism financing case, the ACLU has made a noteworthy admission.
Rather than deny that there is copious evidence tying ISNA and NAIT to Hamas and the Muslim Brotherhood, the brief argues that such evidence is merely dated. In a curious footnote on page 7, the reply states:
Assuming the authenticity of documents' dates, the most recent documents to mention either ISNA or NAIT are dated 1991, Gov. Exhs. 3-3 and 3-85, but the majority of the documents are older. Almost all of the numerous exhibits that purport to show financial transactions and that contain any mention of ISNA or NAIT are dated 1988 and 1989 (there are two dated 1990), almost a decade before the majority of the overt acts the government alleges in support of its conspiracy charges against the HLF defendants.
So ISNA and NAIT are not saying that the documents tying their organizations to Hamas are "inauthentic," but that the problem with the evidence is just that it is old. Then, even more curiously, the reply goes on to argue something that the government has not even alleged:
Even if the "evidence" provided some basis for alleging criminality against petitioners, the government's discussion of it shows the government utterly fails to grasp the singular weight and consequence that an official accusation of criminal conduct carries in our criminal justice system and in our society.
But, of course, the government has not charged ISNA or NAIT with criminal conduct, or the two groups would be indicted in their own right, rather than un-indicted co-conspirators who worked with the Holy Land for Relief and Development (HLF), the defendant and alleged Hamas-front. The reply brief then, as Shakespeare might write, "doth protest too much."
The government is merely claiming that evidence exists that ISNA and NAIT have sufficient ties to Hamas and the Muslim Brotherhood - HLF - that justify the groups' inclusion on a list of un-indicted co-conspirators, which enables prosecutors to more easily enter into evidence information which shows the scope of HLF's pro-Hamas operations.
We have chronicled the financial ties between ISNA/NAIT and Hamas several times, including during the first trial against HLF:
Exhibits entered into evidence a few days ago at the HLF trial include an expense voucher from the North American Islamic Trust (NAIT), an ISNA subsidiary, made out for $10,000 in the name of Musa Abu Marzook, as well as a check drawn on a NAIT account in the same amount made out to Marzook. Another check for $10,000 on the same account was made out to Marzook's wife, Nadia Elashi.
Another check for $30,000 was made out to the Islamic University of Gaza (and has Shukri Abu Baker/OLF written on the memo line), a school long known to be controlled by HAMAS, and which counted such notables as former HAMAS leader Dr. Abdel Aziz Rantissi and current HAMAS leader Dr. Mahmoud Al-Zahar as professors, and the recently deposed HAMAS Prime Minister Ismail Haniyeh is a former dean of the University.
