Crunchy Con

Holy Land Foundation snafu

Monday October 22, 2007

Categories: Islamic terrorism
I've been away from keys all weekend, at the Wendell Berry conference (more on which later), and have spent the morning at the federal courthouse here in Dallas, awaiting the verdict in the Holy Land Foundation trial. It was the...
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Comments
The Man From K Street
October 22, 2007 2:19 PM

Mistrials are always bad news for prosecutors, tantamount to acquittals. Most experienced federal litigators will tell you that realistically the case is dead, even if the US Attorney's press releases solemnly promise to re-try the case.

Eric W
October 22, 2007 2:28 PM

This appears to be an interesting film -

www.farewellisrael.com/home.html

Will
October 22, 2007 2:32 PM

You must be so disappointed, Rod. All your righteous scorn and condescension couldn't get the HLF convicted. Maybe this mistrial will get the illegal occuption of Palestine back in the headlines where it belongs.

Daniel
October 22, 2007 2:33 PM

I agree with the Man from K Street, this is over. The reason the case was so complex is because it required a very convoluted conspiracy that couldn't hold together. A plus B has to equal C. You can't be all over the place with questionable witnesses and lots of innuendo. Those blue collar jurors just refused to buy it and arguably more sophisticated jurors would have been even more suspect since they would be more suspicious of the government.

dbkenner
October 22, 2007 3:58 PM

"You must be so disappointed, Rod. All your righteous scorn and condescension couldn't get the HLF convicted. Maybe this mistrial will get the illegal occuption of Palestine back in the headlines where it belongs."

Tell me, Will (you're not that odious Star Trek spinoff actor, are you?)

How exactly is the prosecution of people who gave money to Hamas a scheme to keep the the Palestinian cause off the front pages, when the Holy Land Foundation trial was barely in the headlines at all?

Is there anything done by or for terrorist organizations that does not, in your informed opinion, relate to Jews living in Judea and Samaria?

Is it your opinion that the Holy Land Foundation trial was some sort of Zionist attempt to obscure the plight of the Palestinians? Is Rod (an Orthodox) part of this conspiracy?

Couldn't the Holy Land Foundation be guilty independent of what happens to the disputed territory that once belonged to JORDON and WAS LOST WHEN JORDON ATTEMPTED TO WIPE OUT ISRAEL?

Talk about scorn and condescension.

Will
October 22, 2007 4:27 PM

Is there anything done by or for terrorist organizations that does not, in your informed opinion, relate to Jews living in Judea and Samaria?

Sure, but that wasn't what this trial was about. This was about giving aid to Palestinian charities in the occupied territories. Aid, by the way, that has been under the watchful eye and control of Israeli intelligence since it began.

I can see you're as flummoxed as Rod.

Scott R.
October 22, 2007 4:42 PM

Is Rod the only one disturbed by the "Shoot the Jew" skit?

I wonder - was this done before or after the JCC in Seattle was shot up by that animal and an innocent mother was killed?

Or are the deaths of American Jews - citizens - less important than the deaths of Arab terrorists?

Daniel
October 22, 2007 5:15 PM

"From my perch in the peanut gallery, this looked like a jury of one's peers if one were on trial for shoplifting Corn Nuts from 7-Eleven."

Admittedly, they probably weren't people who sit around bloviating about Wendell Berry's musings, but this is how our system works. The people who you consider your peers probably find ways to get out of jury duty because they are too busy, too intelligent, or too important to spend time with the riff-raff at the U.S. federal court house.

Blue-collar jurors--as you so dismissively referred to them before suggesting they hang out at 7/11--are an ideal jury for a government conspiracy theory since studies show tend to trust authority figures and are willing to believe the prosecution. Racial minorities and highly-educated jurors are often the least likely to trust the government and prosecutors and highly-educated jurors--at least those not employed by the Hudson Institute and other neocon think tanks--would be the hardest to convince of a conspiracy involving unindicted co-conspirators

Shawn
October 22, 2007 5:54 PM

Was there some reason why the gov't. couldn't try each defendant separately?

Alicia
October 22, 2007 7:00 PM

It definitely sounds to me like the prosecution blew it.

Jurors aren't students who are prepared to listen to boring witnesses drone on for hours at a time if at the end they will get a better grade or a ticket to a higher salary.

They are the public, the same public whose attention advertisers know they have 3 seconds to catch before interest is lost. It sounds to me as if the government needed, if possible, to simplify the case so that it wasn't necessary to enter reams of evidence that exceeded the jury's attention span.

A shame because, for the moment, this will allow the defendants to protest that they are victims of Islamophobia instead of direct supporters of terrorism.

Will
October 22, 2007 7:22 PM

A shame because, for the moment, this will allow the defendants to protest that they are victims of Islamophobia instead of direct supporters of terrorism.

The greater shame is that you will continue to ignore the illegal occupation of Palestine and the role it plays in this sordid mess.

mik_infidelos
October 22, 2007 7:27 PM

"Racial minorities and highly-educated jurors are often the least likely to trust the government and prosecutors"

Have you been on OJ Simpson jury?


If glove does not fit, you've got to acquit.

mik_infidelos
October 22, 2007 7:35 PM

"Admittedly, they probably weren't people who sit around bloviating about Wendell Berry's musings, but this is how our system works."

I thought you hate our system as it is and would not mind to replace it with much more enlightned system of Sharia.

Please advise what is your actual view.

Gregory Koster
October 22, 2007 7:56 PM

There's another problem: the verdict came down on Friday, but Judge Fish was out of town. The magistrate who was presiding didn't have authority to read the verdict, and Fish declined another district judge's offer to stand in for him. So they sealed the verdict and all weekend long, the unsequestered jurors had time for second thoughts. With no evidence for this at all, I wonder if the defendants had someone visit the jurors. Lesson: when the verdict comes down, announce it. Either be present, or have a designated stand in. Judge Fish bought himself a new trial by not being present.

Donna Diorio
October 22, 2007 9:42 PM

It is a good thing this trial ended as it did. The silver lining in this black cloud is that there is still an opening to re-try these guys. It will help if the media starts educating the public--just like I'm seeing that Rod Dreher is doing in many places. The jury pool has to be brought up to speed--which has not been happening. Maybe this trial was a wake up call and a turning point. If we make it so, it can be.

Scott R.
October 22, 2007 10:19 PM

The greater shame is that you will continue to ignore the illegal occupation of Palestine and the role it plays in this sordid mess.

Right, because no bad thing can happen without the hand of the eternal Jew behind it.

9/11? Jews.

Global warming? Jews.

Britney is a bad driver, mom, cat owner? Jews.

Scott R.
October 22, 2007 10:21 PM

Oh, and "Palestine" was conquered in a legitimate war of defense. Nothing illegal about it. Happens all the time.

Who should we give Puerto Rico to?

Guam?

Texas?

California?

But wait - those were actually from wars of aggression. Seems to me you should be concentrating on those before you start meddling in the affairs of a foreign country.

RJohnson64
October 22, 2007 10:42 PM

Rod, I found this in the story from the NY Times this evening.

"“I understand there’s no magical mystery check with ‘Hamas’ written on it, but over all the case was pretty weak,” said the juror, William Neal, 33, an art director from Dallas. “There really was nothing there for me, no concrete evidence.” Mr. Neal said the government should not retry the case — a call picked up by Holy Land’s supporters, who packed the courtroom during the trial, and who carried some defendants around on their shoulders outside the courthouse chanting “Praise God” in Arabic."

Maybe you should cool down a bit and re-evaluate your opinion of the jurors. Clearly you are off base with your comment: "When they walked into the courtroom this morning, I saw a jury that, in its manner of dress and presentation, was clearly a blue-collar jury. I understood then what one source of mine who'd sat through some of the testimony told me weeks ago: That this is like expecting his elderly grandmother from a tiny country town to sit through a graduate-level seminar in modern Mideast politics, and to make sense of it."

When you consider that two other trials of this nature have ended in similarly deadlock juries and mistrials, perhaps it is the government, and not the jurors, that are off base here.

Daniel
October 22, 2007 10:43 PM

"With no evidence for this at all, I wonder if the defendants had someone visit the jurors."

Actually, the changes jurors appeared to have changed their mind on acquital which would support a theory--following your train of thought-- that over the weekend they were visited by the Feds.

fbc
October 22, 2007 10:55 PM

The greater shame is that you will continue to ignore the illegal occupation of Palestine and the role it plays in this sordid mess.

Exactly right. The brutality of the Israeli occupiers and their genocidal system continues to go unnoticed and unindicted only in America, where the propaganda runs 24/7 to demonize the Palestinians.

I don't know the HLF from Adam, but I do know that Rod and most the U.S. media is biased to the core for Israel and against the Palestinian people (which includes fellow Christians.)

Shame.

Lynn
October 23, 2007 12:26 AM

I don't know the HLF from Adam, but I do know that Rod and most the U.S. media is biased to the core for Israel and against the Palestinian people (which includes fellow Christians.)

>>>>>>>>>>>>>>>>>>>>>>>>>

Those palestinian christians (along with every other non-muslim demographic) appear to be a vanishing breed throughout much of palestine and the middle east . . . (vanishing also, not so coincidentally, in Pakistan, Bangladesh, Sudan, etc., etc. . . . )

Maybe events like this have a little something to do with it:

'New Hamas rule means real changes,' missionaries to be 'dealt with harshly'

"I expect our Christian neighbors to understand the new Hamas rule means real changes. They must be ready for Islamic rule if they want to live in peace in Gaza," said Sheik Abu Saqer, leader of Jihadia Salafiya, an Islamic outreach movement that recently announced the opening of a "military wing" to enforce Muslim law in Gaza. . . .
"Jihadia Salafiya and other Islamic movements will ensure Christian schools and institutions show publicly what they are teaching to be sure they are not carrying out missionary activity. No more alcohol on the streets. All women, including non-Muslims, need to understand they must be covered at all times while in public," Abu Asqer told WND.

http://www.wnd.com/news/article.asp?ARTICLE_ID=56241

(Other documented attacks on christian book stores, monasteries, churches, schools, a YMCA, etc. etc.):

http://arabracismislamofascism.wordpress.com/2007/08/16/palestinians-islamic-hamas-war-on-christians/

In accordance with Islamic Shariah, those non-muslims who openly proselityze are executed:

http://www.compassdirect.org/en/display.php?page=news&length=long&lang=en&idelement=5066

Although more subtle in nature, similar tactics are routinely directed at christians in Bethlehem and in many other cities and countries across the middle east. The problem isn't the Palestinians. The problem is ISLAM, and it's religiously sanctioned, habitual mistreatment of non-muslims as perpetual second-class citizens:

http://www.torontosun.com/News/Columnists/Mansur_Salim/2007/10/20/4590878.php

Peter
October 23, 2007 4:32 AM

> The jury pool has to be brought up to speed--which has not been happening.


Good thinking , lets educate the jury before the trial via the mass media. Actually why even bother with a trial , they must be guilty.

Brad
October 23, 2007 7:23 AM

"Good thinking , lets educate the jury before the trial via the mass media. Actually why even bother with a trial , they must be guilty.

Posted by: Peter | October 23, 2007 4:32 AM"

Hahaha! Exactly!

"Rod, why in tarnation d'we need all these darn jurors if'n they's not gonna vote the way they's a-sposed to?!"

Fear Muslims?

Fear your good Christian blog-juror neighbors more. That live-in kiddy-porn-owning boyfriend HAD to have been the one who raped and hung poor little Hanna Mack (read the archives here), right?

Good thing he had some good solid DNA evidence on his side and never had to face the denizens of this blog, hahaha!

Will
October 23, 2007 9:01 AM

"Oh, and "Palestine" was conquered in a legitimate war of defense. Nothing illegal about it. Happens all the time."


There you have it, the American education system at its finest.

Alicia
October 23, 2007 10:13 AM

Will and fbc, the quote below is from the article posted on yesterday's Beliefnet website:

"Holy Land was founded in California in the late 1980s and moved to the Dallas area in 1992. FBI surveillance of the group's leaders dates to at least 1993, when agents eavesdropped on a Philadelphia meeting in which participants talked of supporting Hamas' goal of derailing a peace agreement between Israel and Palestinians."

I'm sure the FBI were lying and the Holy Land Foundation wasn't really interested in derailing a peace process that could lead to an ending to the "occupation."

We all know that Islamic extremism only exists because of U.S. Policy and Israel (sarcasm definitely intended).

Will
October 23, 2007 10:40 AM

"...participants talked of supporting Hamas' goal of derailing a peace agreement between Israel and Palestinians..."

You must think that every peace 'agreement' that's come down the pike has been a sweetheart deal for the Palestinians. News bulletin: it hasn't. And having some unidentified 'participants' talking about derailing a peace agreement is not quite the same as proving that they all subsequently worked in concert to acheive that end. Oh to be a fly on the wall in Dick Cheney's office to hear plans of derailing peace processes.

There are Islamic extremists all over the world. There's no doubt about that. But the Holy Land Foundation trial was specifically about what happened in occupied territory. Try just once to imagine what it must be like to live under military occupation. As we've seen for decades, people everywhere will resort to violence to throw off the yoke of occupation and oppression, and in the process people die and children are orphaned.

How do expect to help these people without acknowleging their bitterness and giving some degree of legitimacy?

Alicia
October 23, 2007 11:39 AM

No, I don't. I think the agreement that Arafat rejected before launching the Second Intifada, which shot the peace process to Hell, had serious flaws. The right thing to do would have been to stay engaged in the process, not hope that by launching a new campaign of suicide terror that the Palestinians would make further negotiations unnecessary because they would "get the whole store".

I'm for a two state solution, Will. But if you follow the logic of the Holy Land Foundation and Hamas, the only acceptable peace is the peace of the grave, for everyone. Hamas is made up of some practical people, but it's ideology is pure religious extremisism - rejecting compromise and rejecting the real world because of some imagined utopia where there are no "Infidels" and all is cleansed (ethnically or otherwise) for their "pure" version of Islam.

Marian Neudel
October 23, 2007 12:19 PM

Jurors HATE federal conspiracy charges, almost regardless of subject matter. Even your ordinary blue-collar citizen finds federal legal conspiracy theory, once it is laid out in jury instructions, to be outrageous and unfair. The DOJ has at least figured out that, in order to maintain some semblance of a decent win-lose record, it has to charge the alleged conspirators with a couple of things other than conspiracy on which they have a prayer of getting a conviction. But it is only a matter of time before the right to trial by jury in federal criminal conspiracies is abolished. You heard it here first.

Lynn
October 23, 2007 12:33 PM

My earlier comment has gone AWOL, but this guy makes some good points:

Salim Mansur of the Toronto Sun:

"But the truth of the matter is that there is nothing to broker when one party, the Palestinians and their Arab-Muslim financiers and supporters, remains committed to the destruction of the other party, the Israelis. . .

Another Arab state squeezed on American insistence between the River Jordan and the Mediterranean -- its population hostile to the West and readily embracing every passing totalitarian ideology in its declared aim of harming Jews and destroying Israel -- instead of being a recipe for any final settlement, will be the source of unremitting conflict in the region and terrorism beyond.

Moreover, Palestinians killing each other while continuing to be supportive of terrorism -- in addition to the appalling record of Arab-Muslim regimes disregarding human rights and respect for minorities -- make them undeserving of the amount of attention provided by American administrations in contrast to the level of American support extended to the equal, if not more deserving, claims of the people suffering in Darfur, Burma, Tibet and Zimbabwe.

Diplomacy not infrequently is trading politely in falsehood.
It is time for Americans to politely tell the truth and end the charade of demanding Israeli concessions for Arab-Muslim doublespeak where "peace" means, as Arafat explained to his people, temporary truce in the war for "liberating" all of Palestine which includes Israel."

http://www.torontosun.com/News/Columnists/Mansur_Salim/2007/10/20/4590878.php

Alicia
October 23, 2007 12:53 PM

If I may just add, I am sympathetic to the Palestinian plight, but also aware that it is dangerous for Palestinians who actually support peace to speak up, especially if they live in Gaza. They are likely to be killed.

Will, if you are still lurking, there is an interesting piece by the always controversial Christopher Hitchens defending the term "Islamofacism" in today's Slate Magazine:

http://www.slate.com/id/2176389/nav/tap2/

fbc
October 23, 2007 1:04 PM

I'm sure the FBI were lying and the Holy Land Foundation wasn't really interested in derailing a peace process that could lead to an ending to the "occupation."

Good grief. I'd trust the Holy Land Foundation (whoever the hell they are) before I'd trust the lying U.S. Government, or the FBI any day.

I have very little idea who the HLF are -- I know exactly who the FBI is, and what they do.

fbc
October 23, 2007 1:07 PM

there is an interesting piece by the always controversial Christopher Hitchens defending the term "Islamofacism" in today's Slate Magazine...

That would be the same Christopher Hitchens who has attacked Sister Teresa and called her every vile name in the book, right? The same Christopher Hitchens who recently tried to attack a Catholic priest and went on a drunken rampage, while having to be restrained.

THAT Christopher Hitchens?

Alicia
October 23, 2007 1:38 PM

Christopher Hitchens also had the bad taste to attack Princess Diana's taste of companions shortly after her tragic death. He is certainly an arrogant man. Just because he's controversial (as I said) doesn't mean he's never right.

I think it is dangerous, fbc, to automatically trust or distrust any group, whether it is the U.S. government or the Holy Land Foundation. Everyone, but everyone, has an agenda. You may choose to dismiss whatever Hitchens says if you like, I choose to read him and decide by thinking about it whether I agree or disagree.

Actually, I disagree with his use of the term "Islamofacism" but not with the existence of the thing to which it refers. I prefer the term "clerical facism." Since Islam doesn't have a pope, I think calling clerical facism by Muslim clerics wherever it occurs "Islamofacist" tars the Muslims who aren't facists with the same brush.

Anonymous
October 23, 2007 1:48 PM

Please advise what is your actual view.


Posted by: mik_infidelos


Just curious, mik, but please advise, what is your first language?

Will
October 23, 2007 2:37 PM

9/11? Jews.

Global warming? Jews.

Britney is a bad driver, mom, cat owner? Jews.

Only nuclear power in the Middle East?
Star witnesses at the HLF trial?
Illegally occupying Palestine? You get the picture.

Alicia
October 23, 2007 2:42 PM

I am confident that the Israelis would never use nuclear weapons, Will, unless their very existence was threatened by an actual nuclear attack within their borders. However, Pakistan (which is not in the Middle East, admittedly) is one Islamist coup d'etat away from unleashing a nuclear nightmare on the world.

gwyon
October 23, 2007 3:02 PM

Why are your sources anonymous?

Will
October 24, 2007 11:41 AM

I am confident that the Israelis would never use nuclear weapons, Will, unless their very existence was threatened by an actual nuclear attack within their borders.

You shouldn't be surprised that everyone doesn't share your confidence. And I notice that you and Scott R ignored the other two rhetorical questions. And those questions, unlike Scott's silly suggestion that the Jews are blamed for everything, are legitmate gripes against the state of Israel.

Issues like the HLF trial will never be resolved until people like Rod, you and Scott stop firing off a barage of anti-semitism charges every time anyone makes a critical comment about Israel.

And yes, Islamofacism can be a useful term. So can 'racist' 'bigot' 'fundie' 'end-timer' . It's all in the context.

Alicia
October 24, 2007 2:37 PM

Thanks, Will. I don't want to revisit the entire history of the occupation or of the Arab-Israeli crisis, but there is plenty of blame to go around on all sides, including blaming the Arab countries, such as Saudi Arabia, that used the Palestinian cause for their own political benefit and that funded and glorified suicide bombing.

For the record, I think Jonathan Pollard should never be released. He betrayed America, and I don't give a fig if it was in Israel's interest.

I think it might be advisable, though I recognize it would be very costly in political and human terms, for Israel to dismantle all it's settlements in the occupied territory.

I think Israel should come down hard on its own Zionist extremists if they are caught breaking the law. I'm against the bulldozing of the homes of suicide bombers, much as I understand the temptation to resort to vengeance in response to the despicable act of deliberately murdering civilians.I'm for a two state solution.

I'm also sick to death of what I view, from my limited perspective, of people (usually good liberals like fellow parishioners at my church) jumping on the anti-Israel bandwagon, comparing the Israelis to Nazis, etc. Muslims in the U.S. have every right to object to Israeli policies. It's when they give money to terrorist groups that they cross the line. We should be unequivocal in our condemnation of terrorism.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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