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Charities Denied Due Process Under the Terrorism Financing Legal Framework
It lets the Treasury Department seize assets "pending investigation" without charges or shutter organizations on the basis of secret evidence unavailable to defense attorneys on grounds of national security, so there's no way to contest it or obtain meaningful judicial review.
Following prosecutions, independent reviews have shown that evidence used to target Muslim charities have included "rank hearsay inadmissible in court, news articles that do not even mention the charity in question, or intelligence that has been inaccurately and prejudicially translated."
Independent reviews in the UK, Canada, Sweden, and Luxembourg cleared some targeted organizations. As a result, government officials and courts in these countries chastened US authorities for failing to show proof in cases under review - to no avail.
Discriminatory Counterterrorism Law Enforcement against Muslim Charities
Of the nine charities shuttered, three so far faced criminal prosecution, only one of which was convicted, HLF. These practices alienated US Muslims, undermined America's standing in the Muslim world, and contributed to charges that this country baselessly targets Muslims and Islam.
Besides the nine charities closed, at least six others were declared "under investigation" or raided. So far, they haven't been charged or had their assets seized, but have suffered measurably as as result. Two of them have closed, Help the Needy in New York and Care International in Massachusetts.
In one case, prosecutors named some of the country's largest, mainstream Muslim organizations as unindicted co-conspirators. Even though no crime was charged, they got no chance to defend themselves or reputations - in clear violation of their constitutional right to presumption of innocence.
Intimidation of Muslim Donors
Many of them said FBI agents came to their workplaces and homes for interrogations about their charitable giving. They also complained that when returning from abroad, Customs and Border Protection agents subjected them to detailed questioning about their legal contributions. Further, they were subpoenaed to testify in more than one charity-related grand jury investigation, contributing more to a climate of fear.
Community members were also asked to be informants at their mosques to monitor donations there. Those refusing risk being suspected of something to hide.
The Impact on Religious Freedom
For observant Muslims, charitable donations are a religious obligation, yet doing it in today's climate risks guilt by association charges or worse. The ACLU documented a pervasive fear of intimidating surveillance, potential arrests, subpoenas to testify in a criminal case against other Muslims, deportation, and being denied their constitutional rights.
The Chilling Effect on Association with Muslim Community and Religious Organizations
Mosques are central in the lives of observant Muslims. Besides places to pray, they serve as hubs for various religious and cultural practices, including schools, charitable giving, and youth centers. Yet in today's climate of fear, ongoing under Obama, Muslims are inhibited from freely practicing their religion, associations, charitable giving, and cultural beliefs.
Collateral Consequences Undermine Countertorrism Efforts
