Posted by
Cristy Li on Wednesday, September 05, 2007 3:01:09 AM
Tuesday the U.S. Attorney filed it's Memoranda Contra to CAIR's Motion for Leave to file Amicus Curiae Instanter & Amicus Brief in Support of the UnIndicted Co-Conspirators First & Fith Amendment Rights, in the matter under the caption of United States of America v. Holy Land Foundation for Relief and Develpoment, et. al. Case No. 3:04-CR-240-G, USDC, Dallas, TX.
In the memoranda filed by the U.S. Atty, they have argued that not only is CAIR's motion untimely but CAIR filed it's motion, "...in an effort to combat the negative press it allegedly incurred by being identified as a participant in a network of U.S.--based organizations affiliated with the designated foreign terrorist organization, HAMAS...the purpose of the proposed brief is not to assist the Court, as is required by the Friend of the Court brief but to promote it's own self interests and the interests of non-parties..."
In the Governments memoranda contra, the U.S. Atty carefully provided a complete synopsis of the history of the case at bar from the date that a Federal Grand Jury returned indictments (July 26, 2004) to the close of the presentation of the U.S. Attys case in chief. On May 29, 2007 the Prosecution submitted a Trial Brief to the Court, in support of the evidence and arguments that it intended to make and CAIR's name was annexed to the Brief as an Exhibit.
On the 16 July, the Trial began and on the 25 July, the U.S. Atty began calling it's Witnesses. The evidence presented during testimony has Linked CAIR to the conspiracy and HAMAS.
The U.S. Atty has argued that CAIR lacks standing to submit the proposed Amicus Brief as it is neither useful or even timely and that CAIR is asking the Court to undertake an action that is moot. The U.S. Atty listed numerous cases citing why CAIR's motion is untimely and not useful, "...CAIR's brief is not "useful" because it is not, in fact an Amicus Brief at all but an attempt to intervene in this case to achieve independent relief without satisfying the formal requirements of intervention..." see, Leigh v. Engle, 535 F. Supp. 419-420; 4 Am Jur. 2d , Am. Cur. 1 at 109 "An Amicus can not join issues not joined by the parties themselves."
CAIR never demonstrated how it's brief would assist the Court in the resolution of any pending issue before the Court. The U.S. Atty likewise argues that CAIR waited two months and a half to file it's motion for leave which is untimely.
The U.S. Atty lastly argues that CAIR's claims are moot as CAIR has failed to demonstrate "...no meaningful relief is available, in light of the fact that CAIR's participation as a joint-venturer and co-conspirator are a matter of public record in the case..."
Testimony of FBI Special Agent Lara Burns and supporting evidence which places Nihad Awad (CAIR's Executive Director) and Omar Ahmad at the 1993 Philadelphia Conference, describing Omar Ahmad's mediation of a 1994 dispute between Abdelhaleem Ashqar and the Defendant Holy Land Foundation over fund raising by HAMAS founder Sheik Jamil Hamami see, United States of America v. Salah, et. al. Case No. 03-978, N.D. Illinois--the role of Ahmad and and Awad were described during the public trial in Nov. 1996 During that trial a Defendant was being represented by William B. Moffitt, Esq. the author of CAIR's current motion for leave.
It is of course well established that the general public has a presumptive right to access of public records and once evidence is admitted at trial, the publics right of disclosure outweighs the privacy interests of unindicted co-conspirators. CAIR has no standing to make any of it's claims.
CAIR claims that it has suffered injury by a decline in it's membership and fund raising as a direct result of being named as an unindicted co-conspirator, in support of these arguments, CAIR cites a Washington Times article in June, 2007 that revealed that CAIR's membership has fallen 90% from 2001-2006 down from 29,000 members to less than 1,700 members---Nihad Awad claimed in an interview that the article was "...false and misleading..." (News Release: CAIR--Accuses Washington Times of Agenda Driven Reporting, June 12, 2007 CAIR noted that its membership was steadily increasing) CAIR is demonstrated to be a Liar.
CAIR has been linked to HAMAS previously and its been demonstrated that CAIR will lie and lie with the hope that they may continue to fool the gullible and naive who still are foolish enough to believe that, "...CAIR is the largest Islamic civil liberties group...that promotes justice..."
Cough-cough...Right...