Muslim charity's First Amendment argument fails

By The Associated Press

08.09.02

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WASHINGTON — An organization that claims to be the largest U.S.-based Muslim charity can legally challenge the government's search of its property but not the freezing of its assets, a federal judge ruled yesterday.

The Holy Land Foundation, accused of funding the militant Islamic group Hamas, sued the Bush administration after the group's offices in Richardson, Texas, were raided and its assets were frozen in December. Hamas is on the State Department's list of foreign terrorist organizations.

Holy Land alleged the government violated its rights to a trial by jury before punishment, First Amendment freedoms of religion and speech, and protection against unwarranted searches and seizures.

U.S. District Court Judge Gladys Kessler upheld several government motions and threw out the group's complaints on all counts except those related to the search of the group's property, which, she said, could be a "classic Fourth Amendment violation."

The government acknowledged conducting the search without a warrant.

Her ruling ensures a trial over the matter.

The narrowing of the lawsuit probably will make it more difficult for Holy Land to win its case, experts said.

"The group tried to cast a wide net with a broad lawsuit and the judge ruled there was only one fish in it," said Kenneth Williams, a constitutional law attorney in Dallas. "Now, religion, freedom of speech and right to jury won't be able to be brought up in court. It puts much more (of a) burden on the Holy Land Foundation."

Kessler struck down Holy Land's argument that the freezing of its assets constituted an illegal seizure. "Case law is clear that a blocking of this nature does not constitute a seizure," the judge wrote.

Justice Department officials did not immediately comment on the ruling. Messages left late yesterday for attorneys representing the Holy Land Foundation were not immediately returned.

Holy Land was shut down by the Treasury Department in December as part of a terrorism investigation. An FBI memo, used by the government to freeze Holy Land's assets, claims a leader of the charity attended a mid-1990s event where $207,000 was raised for Hamas.

Officials say their conservative estimate is that Hamas has raised several million dollars in the United States over the past decade.

Holy Land leaders have denied supporting terrorism, arguing in court documents that they raise funds for humanitarian and disaster relief.

But Kessler said the government's arguments against Holy Land were strong and likely to prevail in court. In the opinion, Kessler also struck down Holy Land's request that the government be kept from freezing the group's assets until a trial.

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