[Washington, DC] After 11 years of raids, seized assets, arrests, a hung jury, a retrial, and the eventual conviction of the Holy Land Foundation and it’s leaders under the material support to terrorists statute, the case ended today with a 9-word notice from the Supreme Court notifying counsel that the appellants case would not be heard. No further explanation was given to the attorneys as to why their Writ of Certiorari would not be heard.
The news came at 10:30am this morning despite an announcement that Federal buildings in the Capitol would be closed in anticipation of hurricane Sandy. Attorney John Cline immediately notified Noor Elashi, daughter to HLF defendant Ghassan Elashi, that “the Supreme Court entered an order a few minutes ago declining to take the case. That order—which comes with no explanation—marks the end of the judicial process. It is not, of course, the end of the effort to achieve justice for your father. …Our federal judicial system is a national disgrace, but I retain some hope that fairness can ultimately be achieved if we persist.”
Nancy Hollander attorney for the appealants issued this statement to MondoWeiss.net, “This is [a] travesty of American criminal justice. I don’t think American citizens understand that this effects all of us and the world that believes in the American criminal justice system. Anyone in any court in America now risks being convicted based on the opinion of someone who claims to be an expert without any opportunity to cross examine that person because everything about that so-called expert can remain secret. The right to Confrontation, so long enshrined in our justice system, died today.” Hollander was specifically referring to the prosecution’s use of an Israeli intelligence officer who used the pseudonym “Avi” when giving testimony that the Zakat (charity giving) committee to which the Holy Land Defendants provided charitable aide were (in his eyes) fronts for Hamas. Avi was also shielded from cross examination. The prosecution’s unfettered use of Avi became a central tenant to the appellant’s petition, as they specifically state that his testimony was in direct violation of the appellant’s 6th amendment rights (see page 14 in the appealant’s Writ of Certiorari.)
Today’s Supreme Court ruling was not only was a major blow to our 1st, 5th, and 6th amendment protections, it was also a grotesque miscarriage of justice. The Holy Land Five led with a charitable example that all Americans should follow …not prosecute. Michael Ratner underscored this when he spoke at Thursday’s press conference, “We will look back on this period, not just the Holy Land Five, but the cases from the NYPD, down here with the Third Jihad, all they way to drone killings in Pakistan, we will look on this as probably one of the darkest, if not the darkest, periods of our history. And sadly, sadly, Noor’s father is paying the price of 65 years in jail.”