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   Vol. 67/No. 4           February 3, 2003  
 
 
Court backs government
attack on Islamic charity
 
BY PETER THIERJUNG  
A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled December 31, 2002, that the government has the legal authority to freeze the assets of the Global Relief Foundation, an Islamic charity with its offices in the Chicago area.

The foundation’s offices were raided by FBI, U.S. Treasury, and CIA agents on December 14, 2001, the same day Rabih Haddad was arrested in Ann Arbor, Michigan (see accompanying article.) Haddad was a co-founder of the charity, which has raised some $20 million over the last ten years for relief aid for people in 22 countries.

The U.S. Treasury Department seized the property of the foundation and froze its assets under provisions of the International Emergency Economic Powers Act, claiming "reasonable" cause to believe the foundation was "funding terrorism."

The government has presented no evidence to substantiate the allegations. At first it admitted that it did not have enough proof to add the foundation to its blacklist of organizations that it claims are directly linked to funding terrorism. In October 2002, however--six days prior to hearings on Rabih Haddad’s petition for political asylum--the government added the foundation to its list of proscribed organizations. Haddad’s supporters believe that the decision was intended to prejudice Haddad’s political asylum application.

In appealing the government’s freezing of assets, the foundation’s lawyers challenged the Treasury Department’s designation of the foundation, saying it has never broken any laws or supported terrorism.

Asserting "due process" rights under the U.S. constitution, they have asked to see government evidence, "secret’ or otherwise, backing up its allegations of connections with terrorism. They also asserted their right to confront the foundation’s accusers and cross-examine witnesses.

Siding with a lower court’s ruling upholding the government’s asset freeze, the court ruled that the appeal was premature because the government investigation is ongoing. The judges said that the foundation "does not have any grievance, any more than a cocaine ring has the right to recover the value of the illegal drugs or a thief a right to be paid the value of confiscated burglar tools."

Roger Simmons, an attorney for the Global Relief Foundation, has said that he will appeal the ruling.
 
 
Related articles:
Detroit Muslim leader fights deportation  
 
 
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