Columbia International Affairs Online: Policy Briefs

CIAO DATE: 09/2008

PolicyWatch #1311: Holy Land Mistrial: Judging a Designated Terrorist Entity

November 2007

The Washington Institute for Near East Policy

Abstract

Recently, the Palestinian Authority (PA) shut down several Islamic charity committees in the West Bank, stating that Hamas was using them as a means to transfer funds to the group's activists there. Meanwhile, on October 22, the U.S. federal trial of the Dallas-based Holy Land Foundation (HLF) and several of its officers -- accused of financing Hamas (a U.S.-designated terrorist group) by funding some of these same charities -- ended in mistrial.

The defendants and their supporters immediately trumpeted the verdict, claiming their innocence and arguing that the foundation's 2001 terrorist designation must be similarly flawed. Many other critics have also pounced on the outcome, charging the government with overreaching in a manner similar to other "failed" terrorism financing prosecutions. Although the mistrial was a major setback for the government, it was hardly the victory depicted by the defendants (who all remain under a standing indictment and are likely to be retried), and it will not affect Washington's previous blacklisting of the foundation.