-- hope, not despair;
-- love, not hate; (and)
-- life, not death.
So we ask: If (over six decades of occupation) obviously shatters lives, while charity builds them and charity feeds children, while occupation kills them, why is a charity organization - not occupation - paying the price."
Appealing for Justice
On October 19, 2010, attorneys submitted a 149-page brief, providing convincing evidence of wrongful convictions. Appellate issues raised include:
(1) Names of two prosecutorial witnesses were withheld from defense attorneys, including its key one - violating Fifth Amendment due process rights and Sixth Amendment right of a defendant to confront accusers.
(2) The district court allowed prejudicial hearsay evidence to be heard. One source admitted sending money to Hamas. He also defrauded his employer of $610,000 in a scam unrelated to HLF. Moreover, he cheated on his taxes and lied to the FBI. As part of a plea bargain, he agreed to lie again under oath - against innocent HLF principles.
(3) The court allowed irrelevant prejudicial evidence to be presented, including alleged Hamas suicide bombing exhibits, killing Israeli collaborators, a video showing demonstrators stomping on and burning the American flag, and more. All of it was unrelated to the case.
(4) Irrelevant prejudicial testimonies were also allowed, including erroneous legal and religious opinions.
(5) At the same time, the court denied defense attorneys the right to review government recorded, intercepted, or otherwise gotten statements, based on Foreign Intelligence Surveillance Act (FISA) authority.
FISA, in fact, is classic police state tyranny, violating Fourth Amendment protections against unreasonable searches and seizures. It also requires warrants to be judicially sanctioned, based on clear probable cause.
However, using undisclosed (likely manufactured) secret evidence, FISA permits unrestricted warrantless spying, data mining, and intercept of domestic and foreign Internet, telephone, and other communications, based on alleged national security threats.
As a result, it renders the notion of illegal searches, seizures, and privacy null and void. Anyone now for real or concocted reasons may be charged, convicted and imprisoned for alleged crimes they never conceived, planned or committed.
Based on Sixth Amendment issues, the National Association of Criminal Defense Lawyers (NACDL) submitted an amicus brief for HLF defendants. Access it through the following link: