Selected Government Exhibits & Documents from the Retrial: U.S. v. Holy Land Foundation

Between July and September 2007, prosecutors in the case against the Holy Land Foundation (HLF) and its top officials released scores of exhibits that provide unprecedented insight into the dizzying web of connections tying together a handful of alleged Hamas front groups that operated on American soil throughout the 1990s and beyond, serving as a central node in the Muslim Brotherhood's U.S. network. NEFA Senior Analyst Josh Lefkowitz reviewed this treasure trove of documents and highlighted select exhibits. That library of exhibits from the first HLF trial is available here.

On October 22, 2007, after 19 days of deliberation, a jury failed to convict the defendants of a single charge against them. However that decision was quickly thrown into limbo when three jurors indicated during polling that they disagreed with the verdict that had just been rendered. U.S. District Judge Joe A. Fish told jurors, "Your verdict must be unanimous and it's apparent to me from the answers of three members of the jury in respect to my question that the verdicts that I read earlier do not represent the unanimous view of the jury." The jury was ordered to continue deliberations.

Following an additional 45 minutes of deliberation, the jurors informed Judge Fish that they could not reach a unanimous decision, and he declared a mistrial.

In a verdict that was not voided, Mohamed El-Mezain was acquitted on all counts except one, as jurors failed to reach a decision on whether El-Mezain conspired to provide material support to a designated Foreign Terrorist Organization.

In September 2008, the second Holy Land Foundation trial began.

On November 24, 2008, after seven days of deliberation and six weeks of testimony, a jury convicted HLF and five of its leaders on charges of providing material support to Hamas. As DOJ stated, "The government presented evidence at trial that, as the U.S. began to scrutinize individuals and entities in the U.S. who were raising funds for terrorist groups in the mid-1990s, the HLF intentionally hid its financial support for Hamas behind the guise of charitable donations. HLF and these five defendants provided approximately $12.4 million in support to Hamas and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad."

Commenting on the verdicts, Patrick Rowan, Assistant Attorney General for National Security, noted, "Today's verdicts are important milestones in America's efforts against financiers of terrorism. For many years, the Holy Land Foundation used the guise of charity to raise and funnel millions of dollars to the infrastructure of the Hamas terror organization. This prosecution demonstrates our resolve to ensure that humanitarian relief efforts are not used as a mechanism to disguise and enable support for terrorist groups."

Update: Arguably one of the most important outcomes of the case was that the FBI reevaluated its relationship with the Council on American-Islamic Relations (CAIR), after significant evidence emerged during the trials about CAIR's links to the U.S. Hamas infrastructure. In an October 2008 letter to invitees to the Muslim Community Outreach Program, the Special Agent in Charge of the Oklahoma City Field Office announced that the meeting would be “postponed until further notice as a result of the planned participation by the Oklahoma chapter of the Council on American-Islamic Relations (CAIR).” Then, in a March 2009 CNN interview, FBI spokesman John Miller noted that the FBI aims to avoid "formally constructed partnerships" with CAIR, and pointed out that "Our concerns relate to a number of distinct narrow issues specific to CAIR and its national leadership." And, responding to an inquiry from Senators Kyl, Schumer, and Coburn, the FBI has provided the most comprehensive explanation, to date, of its issues with CAIR. According to the letter, during the HLF trial, "evidence was introduced that demonstrated a relationship among CAIR, individual CAIR founders (including its current President Emeritus and its Executive Director) and the Palestine Committee. Evidence was also introduced that demonstrated a relationship between the Palestine Committee and HAMAS, which was designated as a terrorist organization in 1995. In light of that evidence the FBI has suspended all formal contacts between CAIR and the FBI. The FBI's decision to suspend formal contacts was not intended to reflect a wholesale judgment of the organization and its entire membership. Nevertheless, until we can resolve whether there continues to be a connection between CAIR or its executives and HAMAS, the FBI does not view CAIR as an appropriate liaison partner." In February 2010, Assistant Attorney General Ronald Weich sent a letter to four members of Congress , in which he said, “trial transcripts…contain testimony and other evidence…introduced [at]…trial which demonstrated a relationship among CAIR, individual CAIR founders, and the Palestine Committee. Evidence was also introduced that demonstrated a relationship between the Palestine Committee and HAMAS, which was designated as a terrorist organization in 1995.”
[This story was originally broken by The Investigative Project on Terrorism.]

   
  Indictment, Superseding Indictment, and Department of Justice Press Release
The Department of Justice press release summarizing the initial indictment, which was filed on July 27, 2004, offers the following overview: "The indictment...alleges the Holy Land Foundation for Relief and Development ('HLF'), of Dallas, Texas, was an organization created by, among others, defendants Shukri Abu-Baker, Mohammed El-Mezain, and Ghassan Elashi to provide financial and material support to the HAMAS movement. It is also alleged that, since 1995, HLF and its members have illegally sent $12.4 million to support HAMAS and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad. In addition to the charges of providing material support to a foreign terrorist organization, the 42-count indictment also charges the defendants with engaging in prohibited financial transactions with a Specially Designated Global Terrorist, money laundering, conspiracy and filing false tax returns."
   
  Department of Justice Press Release on Convictions
On November 24, 2008, after seven days of deliberation and six weeks of testimony, a jury convicted HLF and five of its leaders on charges of providing material support to Hamas. As DOJ stated, "The government presented evidence at trial that, as the U.S. began to scrutinize individuals and entities in the U.S. who were raising funds for terrorist groups in the mid-1990s, the HLF intentionally hid its financial support for Hamas behind the guise of charitable donations. HLF and these five defendants provided approximately $12.4 million in support to Hamas and its goal of creating an Islamic Palestinian state by eliminating the State of Israel through violent jihad."

Commenting on the verdicts, Patrick Rowan, Assistant Attorney General for National Security, noted, "Today's verdicts are important milestones in America's efforts against financiers of terrorism. For many years, the Holy Land Foundation used the guise of charity to raise and funnel millions of dollars to the infrastructure of the Hamas terror organization. This prosecution demonstrates our resolve to ensure that humanitarian relief efforts are not used as a mechanism to disguise and enable support for terrorist groups,”
   
Department of Justice Press Release on Sentencing
On May 27, 2009, U.S. District Judge Jorge Solis handed down lengthy sentences on the Holy Land Foundation defendants. DOJ provides the following summary:
  • "Shukri Abu Baker, 50, of Garland, Texas, was sentenced to a total of 65 years in prison. He was convicted of 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; 10 counts of conspiracy to commit, and the commission of, money laundering; one count of conspiracy to impede and impair the Internal Revenue Service (IRS); and one count of filing a false tax return."
  • "Mohammad El-Mezain, 55, of San Diego, California, was sentenced to the statutory maximum of 15 years in prison. He was convicted on one count of conspiracy to provide material support to a designated foreign terrorist organization."
  • "Ghassan Elashi, 55, of Richardson, Texas, was sentenced to a total of 65 years in prison. He was convicted on the same counts as Abu Baker, and one additional count of filing a false tax return."
  • "Mufid Abdulqader, 49, of Richardson, Texas, was sentenced to a total of 20 years in prison. He was convicted on one count of conspiracy to provide material support to a designated foreign terrorist organization, one count of conspiracy to provide goods, funds, and services to a specially designated terrorist, and one count of conspiracy to commit money laundering."
  • "Abdulrahman Odeh, 49, of Patterson, New Jersey, was sentenced to 15 years in prison. He was convicted on the same counts as Abdulqader."
  • "HLF, now defunct, was convicted on 10 counts of conspiracy to provide, and the provision of, material support to a designated foreign terrorist organization; 11 counts of conspiracy to provide, and the provision of, funds, goods and services to a Specially Designated Terrorist; and 10 counts of conspiracy to commit, and the commission of, money laundering."
  • "The Court reaffirmed the jury’s $12.4 million money judgment against all the defendants, with the exception of El Mezain, who was not convicted of money laundering."
DOJ highlighted that "From its inception, HLF existed to support Hamas...The government’s case included testimony that in the early 1990's, Hamas’ parent organization, the Muslim Brotherhood, planned to establish a network of organizations in the U.S. to spread a militant Islamist message and raise money for Hamas...HLF became the chief fundraising arm for the Palestine Committee in the U.S. created by the Muslim Brotherhood to support Hamas."
   
  U.S. Government List of Unindicted Co-Conspirators
The document names an array of individuals, including those who raised money on behalf of HLF, belonged to the U.S. Muslim Brotherhood's Palestinian Committee, or were part of the "global Hamas financing mechanism."
   
  U.S. Government Second Supplemental Trial Brief
In preparation for the second Holy Land Foundation trial, prosecutors filed a second supplemental trial brief laying out their argument. Notably, prosecutors again will delve into the expansive Muslim Brotherhood network in the U.S.: "the defendants, through the HLF, were engaged in a conspiracy to support Hamas through their membership in the Palestine Committee, an organization created by the U.S. branch of the Muslim Brotherhood to assist Hamas, which itself is the Palestinian branch of the Muslim Brotherhood. Along with the HLF, whose function was to raise funds on behalf of Hamas, the Palestine Committee oversaw the Islamic Association for Palestine ('IAP'), the United Association for Studies & Research ('UASR') and, later on, the Council on American Islamic Relations ('CAIR')."
   
  Maps
   
  The Hamas Charter - Published by the IAP Information Office
DOJ writes that IAP "was designed as a propaganda facility, responsible for Intifada festivals (involving the defendant HLF), pro-Hamas publications, and the general rallying of support within the American Palestinian community. The IAP was the first organization to publish an English version of the Hamas charter, which...vows to replace Israel, the West Bank, and Gaza with an Islamic state." The charter states that the Islamic Resistance Movement is one of the wings of Moslem Brotherhood in Palestine. An IAP-translated version of the charter was entered into evidence as well.

DOJ also entered into evidence a copy of the charter published by Yale University.
   
  Hamas Structure
This "demonstrative" chart reflects the political, military, and social/"dawa" arms of Hamas. 
   
  Hamas Overview
This "demonstrative" 4 slide exhibit addresses the following topics:
  • “Hamas Charity Committees: Identifying Characteristics”
  • "The ‘Life Cycle’ of a Typical Hamas Activist”
  • “Hamas Charity Wing – The Early 90’s”
  • “Hamas Founders and Leaders in the West Bank”
   
  Hamas Leadership in the 1990s - In Pictures DOJ also entered into evidence this "demonstrative" chart that lays out Hamas' leadership structure in the 1990s.
   
  Designation of Hamas and Its Leadership as Terrorists
   
  Hamas Terror -  In Pictures
   
  "Work Paper #1 - A Historical Outline and The Main Issues"
This document provides a history of key dates for several  Muslim Brotherhood organizations in the U.S. For example, according to the document, "In 1981, the Ikhwan founded the Islamic Association for Palestine to serve the cause of Palestine on the political and media fronts."

(This document was seized in a search of Ismail Elbarasse's home. Elbarasse was an IAP official and an AMELP incorporator who shared a bank account with Hamas leader Mousa Abu Marzook.)
   
  "Ikhwan in America" - Zeid al-Noman
In a talk titled "Ikhwan in America," Zeid al-Noman makes a number of significant revelations about the U.S. Brotherhood's inner workings.

Al-Noman states, "recruitment used to take place in the following format: attending the MSA conferences and choosing active Arab elements and approaching them to join the Ikhwans. This was followed by visits to the local branches and, consequently, choosing active elements over there and approaching them to join the Ikhwans. As for the Ikhwan who came from their countries, they most probably joined the Movement specially if there were large numbers of the Ikhwan Movement who preceded them to America. Then, joining the Movement would be automatic..."

Commenting on the composition of the U.S. Brotherhood, al-Noman remarks, "at the north America's level...the vast majority of the Muslim Brotherhood here are students. Therefore, we find them very prone to change...The base changes about 70% almost every five years." Al-Noman laments that "this prevents long-term planning due to the lack of the long-term stability of the base." He further notes that "our number is limited," adding that within the population of "adherent Muslims who attend the Friday prayers," "you won't find the Ikhwans percentage in those people more than 1%..."

Moreover, when asked what he meant by a reference to "securing the group" in his speech, al-Noman responds, "Securing the Group' is...the Group's security against outside dangers. For instance, to monitor the suspicious movements on the...,which exist on the American front such as Zionism, Masonry...etc. Monitoring the suspicious movements or the sides, the government bodies such as the CIA, FBI...etc, so that we find out if they are monitoring us, are we not being monitored, how we can get rid of them." Notably, al-Noman asserts that "here in America, there is weapons training in many of the Ikhwan's camps."

Finally, al-Noman reveals that "a front is not formed until after a study and after an exhaustive study...the last front formed is the Islamic Association for Palestine."

(This document was seized in a search of Ismail Elbarasse's home.)

   
  "An Explanatory Memorandum: On the General Strategic Goal for the Group" - Mohamed Akram - May 22, 1991
NEFA Senior Investigator Doug Farah has blogged extensively on this document. One key excerpt follows: "The process of settlement is a 'Civilization-Jihadist Process' with all the word means. The Ikhwan must understand that their work in America is a kind of grand Jihad in eliminating and destroying the Western civilization from within and 'sabotaging' its miserable house by their hands and the hands of the believers so that it is eliminated and God's religion is made victorious over all other religions."

Akram also writes, "we are in a country which understands no language other than the language of the organizations, and one which does not respect or give weight to any group without effective, functional, and strong organizations." In this context, "the big challenge...is how to turn these seeds or 'scattered' elements into comprehensive, stable, 'settled' organizations that are connected with our Movement...and take orders from our guidance."

Note: NEFA Senior Investigator Doug Farah publicized a memo, written by Pentagon Joint Staff analyst Stephen Coughlin, analyzing this document. Introducing Coughlin's memo, Army Lt. Col. Joseph C. Myers, Senior Army Advisor and former head of the Defense Intelligence Agency's South America division, writes, "This assessment makes the point that the Muslim Brotherhood should be considered a threat organization and the affiliated US domestic Muslim NGOs and associations identified in the strategy document should likewise be considered part of the Muslim Brotherhood network, that these are 'front' functional organizations operating as links and nodes of the overall network." At the end of his memo, Coughlin assesses, "outreach strategies must be adjusted in the face of credible information that seeming Islamic humanitarian or professional non-governmental organizations may be part of the global jihad with potential for being part of the terrorist or insurgent support system."

(This document was seized in a search of Ismail Elbarasse's home.)

   
  The U.S. Muslim Brotherhood's Palestine Committee: Bylaws
According to the bylaws, the Palestine Committee is a specialized committee emanating from the Palestine Section which was formed by the executive office of the Muslim Brotherhood in the Levant countries. Its scope of work is limited to North America and its contacts include other countries. The Committee works only within its extent and with what does not conflict with the policies and the structures of the group in America." The IAP's duties include "drawing the strategy" and "supervision, follow-up and direction."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  The U.S. Muslim Brotherhood's Palestine Committee: Suggested Amendments
The suggested amendments note that the "instructions of the International Shura Council and the Office of Guidelines in regards to the Palestinian issues through the Secretariat General, dated 8/1/1990, state the following:...2 - Giving attention to holding conferences relating to the cause of Palestine, publishing and focusing on the brutality of the Jews. 3 - Collecting of donations for the Islamic Resistance Movement from the Ikhwan and others...5 - Bringing to the media light the cause of Sheik Ahmad Yasin and his ailing condition."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  U.S. Muslim Brotherhood Palestine Committee - Agenda and Meeting Minutes
In the agenda and meeting minutes from a July 1994 Palestine Committee meeting, the author discusses developing the "work of the following organizations": IAP, HLF, UASR, and the Council on American-Islamic Relations (CAIR). The author also points out "the need for trained resources in the media and political fields."
   
  The U.S. Muslim Brotherhood's Palestine Committee - 1991 Organization Chart
In addition to providing an organization chart, this document also lists those serving on the Central Committee, the Shura Council and the Executive Committee of the Muslim Brotherhood's Palestinian Committee.
   
  Palestine Section: Important Numbers Inside and Outside America
This document was seized in the house of U.S. Muslim Brotherhood Palestine Committee member Abdelhaleem Ashqar and provides phone/fax numbers for Palestine Committee members inside and outside America.
   
  Hamas Bulletin for the Palestine Committee: October 1992
This October 1992 "special non-periodical bulletin" authored by Hamas and distributed to the Palestine Committee in various countries notes "that the brothers should work on spreading the contents of the bulletin and the ideas contained in it among the Ikhwans and the collective Islamists."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Implementation Manual for the Group's Plan: 1991-1992
This manual lays out the Brotherhood's plan for an array of different departments/committees, including "The Sisters," "The Youth," "The Dawa," "South America," and "Security."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Work Plan: "Inside" and "Outside"
This document lays out various goals, the means of execution, a time frame for execution, and identifies an execution party, as well as a follow-up party.

(This document was photographed during a covert search of Abdelhaleem Ashqar's home.)
   
  "A Suggested Work Paper" - "Re-arranging Frame of Work on the Inside"
This document was photographed during a covert search of the house of U.S. Muslim Brotherhood Palestine Committee member Abdelhaleem Ashqar and provides background on the Muslim Brotherhood and Hamas. The paper asserts that one goal should be "familiarization of and publicizing Hamas," while another goal should be "improving the Islamists' image in general."
   
  Palestine Committee Update - Contained in 1989/90 Annual Report
According to this section of the Annual Report, the Palestine Committee contains "The Islamic Association for Palestine, The Occupied Land Fund, The United Association for Studies & Research, The Office of Foreign Affairs, The Investment Committee, The Rehabilitation Committee, The Medical Committee, and the Legal Committee."

A similar update for 1991-1992 was also entered into evidence.

(These documents were seized in a search of Ismail Elbarasse's home.)
   
  Meeting Agenda: June 1-3, 1990
According to this meeting agenda, the Palestine Committee heard updates from IAP, OLF, the Rehabilitation Committee, the Media Company, Levant, Finance, and the "Palestine branch/M. Information."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Meeting Agenda of the Financial Committee: February 18, 1989
This document memorializes the agenda for a meeting of the Palestine Committee's Financial Committee, which was held in February 1989 in Washington D.C. The document discusses the Fund [HLF], ISNA, the Association [IAP], and the World Muslim League.

Another document pertaining to that meeting was also entered into evidence.

(This document was seized in a search of Ismail Elbarasse's home.)
   
  "Preliminary Vision for Preparing Future Leadership"
This December 1988 document summarizes a meeting that was called in an "attempt to fill in the leadership vacuum, which is expected to occur in the upcoming years, and to create a second line of leadership to take over the administrative, planning, executive or technical duties." The meeting also sought to address the "major shortage in the educational and guiding leadership."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Mousa Abu Marzook/Ismail Elbarasse Financial Records These documents have been broken down and rigorously analyzed in NEFA's library of exhibits from the first HLF trial.
   
  Mousa Abu Marzook/Nadia Elashi Tax Returns
   
  Mousa Abu Marzook's Financial Support for HLF and its Top Officials
In the second trial, the defense entered this chart summarizing the transfers between Mousa Abu Marzook and HLF's top officials.

(The below information is drawn from NEFA's HLF Trial 1 library.)

A $10,000 check Hamas leader Mousa Abu Marzook wrote to HLF can be viewed here, while two $100,000 checks can be see here and here. Further, HLF Executive Director Shukri Abu Baker wrote that the organization received $66,000 through Marzook (This document was also entered into evidence in trial #2.) The U.S. government has also introduced HLF's IRS Form 990 filing from 1993, which documents $210,000 in donations from Marzook to HLF between 1989 and 1992. (This transfer was also highlighted in trial #2 in a DOJ filing). (This transcript of an intercepted April 1996 conversation between Mohamed El-Mezain, Shukri Abu Baker, and Haitham Maghawri reveals that Marzook's attorney denied this donation when questioned by a Dallas Morning News reporter. El-Mezain comments, "It is a big mess, my brother.")

Marzook also wrote checks to Abu Baker and HLF officials Mohamed El-Mezain and Ghassan Elashi.

Checks to Baker were written for $128; $139; $150; $243; and $1,200. A document summarizing the $1,886 Marzook transferred to Abu Baker is here.

El-Mezain received checks for $247; $1,000; $2,000; $2,000; $2,000; $2,000; $4,000; $5,000; and $5,000; in total, Marzook transferred $23,287 to El-Mezain. (Some of these checks were also entered into evidence in trial #2.)

Significantly, El-Mezain and Marzook are cousins, according to the HLF indictment.

Finally, Marzook sent $2,309 to Ghassan Elashi.

   
  Mousa Abu Marzook's Phone Contacts with HLF Officials
The government introduced a summary page demonstrating the frequent phone contacts between Marzook and the defendants.
   
  Mousa Abu Marzook's Financial Support for IAP
The government introduced a summary page of $757,864 in contributions Mousa Abu Marzook made to IAP. Some of the individual checks were also entered into evidence.

(The defense entered into evidence these financial records.)
   
  Mousa Abu Marzook's Financial Support for UASR
In support of UASR, which he co-founded, Marzook transferred $286,272 to UASR. (The defense entered into evidence these financial records.)
   
  Mousa Abu Marzook and K&A Trading
Between 1989 and 1991, K&A Trading - a Saudi company - sent Mousa Abu Marzook over $1,000,000. K&A Trading was headed by Khairy H. Al-Agha, a Saudi Palestine Committee member. Al-Agha's name is evident on this application to open a bank account, as well as on this Marzook financial statement and this Marzook money transfer.

Moreover, in 1988, OLF sent $250,175 overseas to K&A Trading.
   
  Mousa Abu Marzook's Phonebook
U.S. authorities seized Mousa Abu Marzook's phonebook after detaining him on an Israeli arrest warrant in July 1995
   
  IAP Internal Memo: "Teach the Enemies of God the Lessons of Prophets and Mujahideen"
An internal IAP memo provides additional insight into the organization's genesis: "In the beginning of the eighties, the Islamic action for Palestine experienced distinguished leaps. At the inside level, groups and apparatuses were formed to confront the Zionist enemy...At the outside level, a number of associations, Islamic youths and students unions were formed to ally the masses in order to render the Palestinian cause victorious. Therefore, the Islamic Association for Palestine's Students in Kuwait, the Islamic Association for Palestinian Youths in Britain, the Islamic Association for Palestine in North America and Muslim Palestinian Youths Association in Germany and others were founded." According to the memo, the IAP "was and still is the general field through which the Movement expresses its view and positions regarding the Palestinian cause."

Finally, the memo concludes by stating "we stress to our brothers the need to stand behind this blessed Islamic action so that God the Almighty make it, or make available to us through it, a field for Jihad in which we teach the enemies of God the lessons of prophets and Mujahideen in triumphing over them or martyring for the sake of God."

Mousa Abu Marzook gave IAP a total of $858,158.

   
  IAP Hosts Deported Hamas Leader Khalil al-Kouka
In this flyer, IAP announces that Khalil al-Kouka, "one of the deported leaders of the Islamic Resistance Movement-Hamas," will be a guest at an IAP festival.

(This document was seized in a search of Ismail Elbarasse's home.)
   
  IAP's Ila Filastine
  • Ila Filastine - October 1988 - This issue includes Hamas' charter and ads for OLF.
  • Ila Filastine - December 1988/January 1989 - This issue includes a statement from Hamas and an ad for OLF.
  • Ila Filastine - February 1989 - This issue includes a statement from Hamas and an ad for OLF.
  • Ila Filastine - November/December 1989 - The cover features Abdullah Azzam. The publication mourns the "passing of our beloved sheik" and remembers his "extreme love for Palestine." The magazine added, "the Islamic Association for Palestine in North America appeals to the masses of our Muslim nation in the corners of the earth to be faithful to the blood of our hero martyr...and to translate this faithfulness into non-tiring work to support the march of Islamic Jihad in Palestine and Afghanistan and everywhere..." IAP hosted Azzam at its 1988 conference in Oklahoma City and held a conference named after him following his death. Azzam co-founded Makhtab al-Khidamat, considered the "precursor organization to al Qaida." And, according to the U.S. government, Azzam is "regarded as a historical leader of HAMAS..." The issue also states "We call on all of you to perform jihad with your money for the sake of God by donating the maximum amount you can to support the Intifada of your people in Palestine. You may send your donations in the name of: Occupied Land Fund..."
  • Ila Filastine - August 1990 - The front page notes that "the Hamas people are the symbol of the stage and the defiance"
  • Ila Filastine Excerpt
   
  IAP and Ahmed Yassin
This flyer, published by IAP, marks the one year anniversary of Ahmed Yassin's imprisonment and asserts he was tortured by Israel.
   
  IAP and Izz Al-Din Al-Qassam
In this book, titled "The Jihadist School: Izz Al-Din Al-Qassam" and published by IAP, IAP profiles the man after whom Hamas' military wing is named. The book notes that he knew that "jihad is the only path to freedom."
   
  IAP Grant Request - Projects and Goals 1994
In this document, IAP provides “a detailed scheme of our current projects as well as our plans for the near future along with their financial costs.”

The author of this document is Nihad Awad, one of the three incorporators of the Council on American-Islamic Relations (CAIR), who served as Public Relations Director for IAP. All three CAIR incorporators - Omar Ahmad, Nihad Awad, and Rafeeq Jaber - have held senior positions at IAP.
   
  UASR's Middle East Affairs Journal
The prosecution entered into evidence the Summer/Fall 1996 edition of the Middle East Affairs Journal, published by UASR. The publication includes an article titled, "Hamas' Military Operations: Resistance or Terrorism?", as well as a piece titled, "Ahmed Yassin: A Leader in Limbo."

Also entered into evidence was the Winter/Spring 1998 edition of the Middle East Affairs Journal, published by UASR. The publication includes an article titled, "The Legitimacy of Palestinian Resistance: An Islamist's Perspective," authored by Azzam Tamimi.

The Summer/Fall 1998 edition of the Middle East Affairs Journal was entered into evidence. It includes two Hamas communiques, and articles by Hamas' Khalid Mishal and Jamal Hamami. (A 1995 fax from the IAP Information Office identified Hamami as a Hamas leader. Further, he has been named in U.S. government court filings as "part of...Hamas' social infrastructure in Israel and the Palestinian territories.")
   
  North American Islamic Trust - Financial Records
The prosecution entered 295 pages of North American Islamic Trust (NAIT) financial records.

NAIT was named an Unindicted Co-Conspirator by DOJ. In June 2008, the North American Islamic Trust (NAIT) and the Islamic Society of North America (ISNA) challenged (Appendix) their inclusion on this list stating that "the government's characterization of each organization as part of a criminal conspiracy to support a designated terrorist organization has profoundly harmed their reputations and has had deeply negative consequences for their lawful missions and activities: promoting the participation of American Muslims in this country's religious, civil and political life."

In response, in July 2008, federal prosecutors filed a motion opposing NAIT and ISNA's request to have their names expunged from the unindicted co-conspirator list. DOJ wrote that, "during last year’s trial, numerous exhibits were entered into evidence establishing both ISNA’s and NAIT’s intimate relationship with the Muslim Brotherhood, the Palestine Committee, and the defendants in this case. Accordingly, there is no possible basis for petitioner’s 'expungement' from the Government’s list of co-conspirators and joint venturers." In the filing, DOJ explicitly stated that "the evidence introduced at trial...established that ISNA and NAIT were among those organizations created by the U.S.-Muslim Brotherhood."

Moreover, "ISNA and NAIT...were intimately connected with the HLF and its assigned task of providing financial support to HAMAS." Federal prosecutors wrote, "during the early years of the HLF’s operation, HLF raised money and supported HAMAS through a bank account it held with ISNA at NAIT...Indeed, HLF (under its former name, OLF) operated from within ISNA, in Plainfield, Indiana, where Defendant Shukri Baker was employed. ISNA checks deposited into the ISNA/NAIT account for the HLF were often
made payable to 'the Palestinian Mujahadeen,' the original name for the HAMAS military wing...From that ISNA/NAIT account, the HLF sent hundreds of thousands of dollars to HAMAS leader Mousa Abu Marzook, Nadia Elashi (defendant Ghassan Elashi’s cousin and Marzook’s wife), Sheikh Ahmed Yassin’s Islamic Center of Gaza, the Islamic University, and a number of other individuals associated with HAMAS."
   
  Holy Land Foundation Defendants - In Pictures
   
  Incorporation Documents - Hamas' U.S. Infrastructure
   
  Palestinian Authority Document: "Who is Financing Hamas"
A Palestinian Authority document on Hamas fundraising notes that Hamas collects 10% of its budget from the U.S. Organizations supporting Hamas include HLF, IAP, UASR, and Mecca Investments. Other entities in Europe, the Middle East, and Africa are also identified.
   
  HLF's Internal Revenue Service (IRS) Filings
  • OLF's IRS 1023
  • OLF's Letter 1045
  • OLF IRS 990 - 1989 (scanned upside down)
  • OLF IRS 990 - 1990
  • OLF IRS 990 - 1991
  • HLF IRS 990 - 1992
  • HLF IRS 990 - 1993. As highlighted below, this document states that Hamas leader Mousa Abu Marzook gave HLF $210,000 between 1989 and 1992.
  • HLF IRS 990 - 1994
  • HLF IRS 990 - 1995
  • HLF IRS 990 - 1996
  • HLF IRS 990 - 1997
  • HLF IRS 990 - 1998
  • HLF IRS 990 - 2000 (via the NEFA Foundation)
  • IRS letter confirming HLF's tax exempt status
   
  HLF's Annual Reports
  • Annual Report - 1997
  • Annual Report - 2000
   
  HLF Officials' Familial Relationships to Hamas Leaders Overseas
This slide displays the myriad familial relationships between HLF officials and Hamas leaders overseas, including Khalid Mishal and Mousa Abu Marzook.
   
  HLF Telephone Contacts with Hamas Leaders Overseas
This slide lays out the phone contacts between HLF offices and Hamas leaders overseas, including Khalid Mishal and Abdel Aziz Rantisi.
   
  Occupied Land Fund - Board Meeting Minutes: May 5-6, 1990
These minutes document a 1990 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. A plan for a "public relation and information program" were discussed.
   
  Occupied Land Fund - Board Meeting Minutes: July 25-26, 1990
These minutes document a 1990 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Again, a "media strategy" was discussed.
   
  Occupied Land Fund - Board Meeting Minutes: Feb. 16-18, 1991
These minutes document a 1991 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Two transfers of $50,000 involving the Hamas-linked Islamic University of Gaza are referenced.
   
  Occupied Land Fund - Board Meeting Minutes: May 4-5, 1991
These minutes document a 1991 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Possible board members were discussed, including Jamal Badawi, Nabil Sadoun, and Jamal Said.
   
  Occupied Land Fund - Board Meeting Minutes: Feb. 22, 1992
These minutes document a 1992 Occupied Land Fund board meeting in Los Angeles attended by Mohamed El-Mezain, Ghassan Elashi, and Shukri Abu Baker. Better relations with the Jerusalem office were highlighted as a key action item for 1992.
   
  Shukri Abu Baker: Report on Trip to the Occupied Territories - July/Aug. 1991
Shukri Abu Baker authored this document summarizing his July-August 1991 trip to the Occupied Territories where he traveled to Jerusalem, Bethlehem, Gaza, Tulkarem, Jericho, Jenin, Nablus, and elsewhere. He noted that he told the "officials" he met with that it was "necessary that the brothers inside submit a unified strategy for charity work."
   
  Re: Resolutions Relating to the Occupied Land Fund
This document, signed by the head of the Central Committee, notes that "the Fund will commit to paying $25,000 annually to the Central Committee."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Holy Land Foundation's Name Change
This document explains that the Occupied Land Fund changed its name to the Holy Land Foundation "after a study from the inside and contacts with the outside and - upon a request from the inside to change the name and outside consultations..." HLF hoped that this change would "bring its desired fruits in the form of support for the people on the inside and to make their matters easier to manage."

(This document was seized in a search of Ismail Elbarasse's home.)
   
  Holy Land Foundation - Employee List
This spreadsheet provides the names of HLF employees, their date of hire, the years during which they worked for HLF, and their salary. The U.S. government's list of unindicted co-conspirators indicates that an array of HLF employees were members of the U.S. Muslim Brotherhood's Palestine Committee, such as Kifah Moustapha, Ayman Ismail, Dallel Mohmed, Islam Siam, Mohamed El Shorbagi, and Fayez Idlebi.

A number of HLF employees, including Ayman Ismail and Mohamed El-Shorbagi, have already been subject to U.S. government enforcement action. Ismail was deported in August 2004; the accompanying ICE press release states, "Ismail claimed he was merely a Web site designer. However, documents seized from HLF showed he also had a significant role in fund raising." In February 2007, El-Shorbagi was sentenced to 7 years, 8 months in prison after pleading guilty to providing material support to Hamas. A DOJ press release notes that El-Shorbagi, a Georgia representative for HLF, "attended HLF meetings at which high-level HAMAS officials made presentations condemning Israel." Moreover, he "hosted high-level HAMAS officials at the Rome, Georgia mosque at which he served as imam." As part of his plea deal, he was to "testify about the HLF and IAP, and their relationship to Hamas and the Muslim Brotherhood." Shorbagi was not called to testify in the first HLF trial.

   
  The HLF-IAP Relationship
(The below documents, except when noted, were entered into evidence in trial #1)

Over the course of its existence, IAP worked diligently to raise money for HLF. A series of documents highlight the IAP/HLF relationship. One such document, known as the "Ramadan Agreement," establishes that "HLF shall pay the AMS/IAP a total of (40,000) U.S. dollars for all HLF fundraising activities facilitated by or coordinated with the AMS/IAP during the month of Ramadan." The document covered HLF's fundraising tour through 25 U.S. cities during Ramadan 1997. (It is worth noting that Rafeeq Jaber, the AMS/IAP representative named in the document, is one of the Council on American-Islamic Relations' three founders.) The "Ramadan Agreements" for Ramadan 1998 and Ramadan 1999 are equally illustrative. During his 2003 deposition in the Boim case, Shukri Abu Baker also said that "some of the contracts would go between us and American Middle East League, so being the mother organization of the IAP."

Federal prosecutors introduced additional evidence highlighting the ties between IAP and HLF. This advertisement (Arabic and English) in a publication from the IAP Information Office solicits donations for the Occupied Land Fund, while this ad (Arabic and English) in IAP's Al-Zaitounah requests donations for HLF. Additional Occupied Land Fund advertisements can be seen in this November-December 1989 issue of IAP's Ila Filastine. The text of one article, honoring the "martyr" Abdullah Azzam (see more on Azzam below), states, "...we remind our brothers and sisters, the Muslims of North America, that they can express their faithfulness to th e blood of our hero martyr...through the support to the Occupied Land Fund..." Still another HLF ad can be seen in this February 1993 issue of IAP's Al-Zaitounah.

HLF's 2001 advertising expenditures on IAP publications, as well as on an array of other publications, are viewable here. Other HLF advertising expenditures on IAP publications are here.

In the trial #2, prosecutors introduced an IAP document, seized at the home of Ismail Elbarasse, that states, "This is in reference to the 10% we agreed upon last October to be paid by OLF to IAP to cover our expenses for Planning, managing and executing the enclosed list of activities that OLF has benefited from."

And prosecutors have produced checks OLF/HLF wrote to IAP for $1,035; $1,385; and $2,750. A $40,000 transfer between the two organization can be seen here, while in this communication IAP requests payment of $39,688 from HLF. Moreover, prosecutors have released checks OLF wrote to the American Middle Eastern League for Palestine (IAP did business as AMELP) for $5,000; $6,027; and $7,000.

In total, between 1989 and 2001, HLF transferred $249,230 to IAP.

Also of note is this 1989 letter from Ghassan Elashi, in which Elashi requests a $1,500 payment be made to a joint IAP/OLF post office box in Culver City, California.

There was even personnel overlap between HLF and IAP. As noted above, IAP was co-founded by Ghassan Elashi, who also incorporated HLF. Moreover, HLF official Shukri Abu Baker served on IAP's advisory board. During his 2003 deposition in the Boim case, Shukri Abu Baker explained that while serving on IAP's board, he "advocated the Holy Land Foundation wherever I went." Further, Kifah Mustapha was HLF's registered agent in Illinois and an IAP board member. And Akram Kharoubi was an HLF and IAP representative, while HLF board member Ahmed Agha was an incorporator of AMELP (IAP did business as AMELP). Finally, HLF board member Rasmi Almallah was an incorporator of IAP in Texas.

   
  The 1993 Philadelphia Conference - Background
The U.S. government's trial brief provides this background on the Oslo Accords: "Although there are varying accounts as to the exact date at which the First Intifada officially ended, by most accounts, 1993 and the signing of the Oslo Accords...signified the end." As the government notes, "The Oslo Accords were not...universally accepted. Hamas rejected the agreement for its unacceptable condition of recognizing Israel's right to exist. For Hamas, the Oslo Accords were a threat to its survival and in direct confrontation with its most valued tenet - the destruction of the State of Israel and the creation of an Islamic state in all of what is today Israel, the West Bank, and the Gaza Strip."

Moreover, "For Hamas' support network in the United States (the Palestinian Committee), the signing of the Oslo Accords and America's brokering of the agreement presented a difficult challenge. The Oslo Accords had provided a degree of public expectation for a peaceful resolution to the historic conflict. In order for the Palestinian Committee to fulfill its mandate of assisting and strengthening Hamas, it would have to be much more cautious and organized in its efforts, so as to avoid overt alignment with a group now dedicated to undermining the American-backed peace process."

It was in this environment that "in October 1993, less than one month after the public signing of the Oslo Accords, approximately 20 members of the Palestinian Committee gathered together in Philadelphia, Pennsylvania to discuss how best to proceed in light of the Oslo Accords."

   
  The 1993 Philadelphia Conference - Planning
In this September 13, 1993 intercepted telephone conversation between Abdelhaleem Ashqar, Shukri Abu Baker, and Omar Ahmad (a.k.a. Omar Yehya), the three men discuss the details of the upcoming Philadelphia conference. (During trial #1, the full transcript was entered into evidence.)

A significant portion of the conversation is spent talking about the best format for the conference. Ahmad asks, "should we ask every organization...to present a paper on behalf of his organization?...for instance, the people of the Association [IAP], we are four or five. All of us should try to organize our thoughts and one of [us] would come and present a paper, to see what he believes, the strategy and what is the situation of the work in the future. For instance, the same thing for the Fund, the same thing for Al Aqsa, too." Abu Baker responds, "my opinion is to designate people to write" because "it is essential to know what the future of the charitable and national organizations under the self rule area will be. At least, even if theoretically...from the legality standpoint, what can happen to them."

When the discussion shifts to the invite list, Ahmad asks about inviting Abdel Aziz Sidiqui, "the Sudanese brother." Abu Baker replies, "I'm just with the original idea that we limit the number. We don't know necessarily have to bring everyone who is working because is strategic planning." He continues, "A large number...will be suspicious and...will attract attention."

Reflecting similar concerns, Abu Baker expresses his desire that "this meeting will be an open presentation...so that some[one] walks into us from the street and hears the talk, he will not..." Abu Baker adds, "Because, you have talk about the organizations and you need to work properly."

The men also review basic logistics. For example, Ahmad says, "we should make reservation. I heard that, by Friday, they have 45 percent, discount on some of the routes, not all the routes." And Ahmad notes, "we will be near the airport...and...there is a shuttle bus...to the hotel."

During this conversation, Abu Baker also asks his friends for advice on whether he should agree to deliver a sermon "about this subject." He warns, "I can't get up on the pulpit and be a hypocrite...I will go up and deliver the sermon and it could be because of a Friday sermon that one gets the Foundation in grave trouble." Ahmad cautions, "a quotation from You can be used ten years later." (Ironically, CAIR's Nihad Awad is still haunted by comments he made at a 1994 event, when he declared, "I am in support of the Hamas movement more than the PLO.")

Then, in this September 27, 1993 intercepted telephone conversation between Abdelhaleem Ashqar and Omar Ahmad (a.k.a. Omar Yehya), the two men discuss which invitees will be attending. Ashqar states, "you are looking at twenty-three or twenty-six" attendees. (In trial #1, a full transcript was entered into evidence.)

(Note: CAIR, the organization Ahmad would go on to co-found, has been a passionate defender of Ashqar during his legal battles. For example, this CAIR-Chicago press release states, "Through its targeting of Mr. Salah and Dr. Ashqar, the Bush administration has attempted to criminalize charitable aid to Palestinians...The defendants are neither terrorists nor criminals for having supplied charitable aid to the most vulnerable factions of their occupied and war-raved country of origin, Palestine." This year Ashqar was acquitted of racketeering conspiracy charges related to supporting Hamas but convicted of obstruction of justice and criminal contempt.)

   
  The 1993 Philadelphia Conference - Attendees
This chart identifies the individuals attending the conference, as well as their affiliations (HLF, IAP, Palestine Committee, CAIR, etc.)
   
  The 1993 Philadelphia Conference - In Pictures
   
  The 1993 Philadelphia Conference - Financial Records
   
  The 1993 Philadelphia Conference - Agenda
This document lays out the conference's agenda, stating that the seminar's goals are "determining the strategies, policies, and frames of Islamic activism for Palestine in North America in the near and far stages in its following aspects: Political action and public relations. Popular action. Charitable action. Media action." One session planned to address "charity work and its future in light of the changes."

(This document was photographed during a covert search of Abdelhaleem Ashqar's residence.)
   
  The 1993 Philadelphia Conference: "This Meeting was Called for by the Palestine Committee"
On this tape, Omar Ahmad explains the purpose of the meeting to the attendees, saying, "This meeting was called for by the Palestine Committee...to study the situation in light of the latest developments on the Palestinian arena, its effects and impact on our work here in America."

Laying the ground rules, he states, "The brothers who will submit papers...will have a moderator with them and someone to take the minutes of the session and the points [discussed]. When discussion is over, he will present to us what he got out of the discussions. We approve it and then we end the first session and so forth...We would leave with work visions or action plan."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.
   
  The 1993 Philadelphia Conference - "Please Don't Mention the Name Samah in an Explicit Manner"
With the conference in its early stages, Shukri Abu Baker makes a telling request, asking the attendees, "Please don't mention the name Samah in an explicit manner. We agree on saying it as 'sister Samah'...the session here is joint workshop between the Holy Land Foundation and the IAP."

Prosecutors have argued that Abu Baker used "Samah," which is Hamas spelled backwards, as a code word.

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference - "What is the Goal of the Upcoming Stage?"
During this session, Gawad (last name unknown) highlights widespread ignorance about the Oslo Accords: "How many people have read it [the agreement]? One in every thousand?...So, how do you expect these people to defend the future of the Movement and the Movement's position?...What is needed then is to have the Palestinian be aware of what is in the agreement...We barely read some of it. How about the general public?"

He then lays out the consequences of the Accords: "You're no longer have the right to resist the occupation. All of that will be classified according to the American concept. There is no occupation now. There is an understanding and there no weapons to be carried because there is no occupation to be fought...Suffering now is on the hands of the local government. This will be classified as terrorism according to America...How are you going to perform Jihad?"

Speaking on a similar theme, Gawad says, "The resistance will continue...This will be a true problem if you deal with the resistance which will continue to fight on even against the self-rule and they are in dire need for sympathy and dealing with them...You must formulate the position of the Palestinians and the Muslims here in America to support the resistance...That's a problem by itself. In the same time, not falling under the accusations of terrorism and those who harbor terrorism or tend to according to the American...How can we carry two...at the same time? This, really, is a true problem."

In his presentation, Gawad also advises, "Following up on the issues of the self-rule should be on two axises...The first axis you have to work on is the institutions of the self-rule as far as human rights and democracy are concerned in order to show that it is an undemocratic Authority...Also, analyzing the American sympathy...with...[the PNA]...unfortunately, our approach will be the same in dealing with the Israeli government in America...The second one relates to the final stage negotiation which is you trying to say that Israel is maneuvering, wants to postpone, plays the mouse game...if you take a hostile stand towards the self-rule, I believe that there should be a harmony between the two approaches."

Responding to the presentation, Abdelhaleem Ashqar asks, "What is the goal of the upcoming stage? Is it to derail the agreement[?]" Shukri Abu Baker chimes in, "The term 'derailment' should include resistance, you see? 'Derailment' scares me a lot as we work in organizations meant to...when we say 'derailment', it puts us in a platform bigger than what the U.S. atmosphere would tolerate."

Later, Omar Ahmad posits, "have we been able to make people view the [Palestinian National] Authority as collaborators? An Authority which doesn't care for people's interests and the interest of the national rights and the people's....This is the best success we could reach."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference - "The Relationship of America to the Inside"
During this session, Abdelhaleem Ashqar tackles the topic of "the relationship of America to the inside..."

Ashqar notes that "What pushed me to this topic...is three consideration and several incidents. First of all, the incident of Mohamed Salah...The first result, conclusion or lesson from the incident of Mohamad Salah is that bearers of U.S. passports are not above the reach of the law." (Note: Chicago resident Mohamad Salah was incarcerated in Israel from 1993-1997 for assisting Hamas. In 2007, Salah and Ashqar were acquitted in U.S. federal court of racketeering conspiracy charges related to supporting Hamas; Salah was convicted of obstruction of justice for providing false answers in a civil lawsuit.)

Ashqar continues, "The second thing is precision and caution. My brothers, with great respect for the people of America, like the Sudanese people say, America's and Canada's brothers, they see themselves as a distinctive style. They have a distinctive style in America and Canada, but the inside has its circumstances and its precautions. Therefore, precision and caution should come to play when dealing with it. Not like we deal in America where we have a legal slack or an atmosphere of freedom."

Then, Ashqar states, "The third point...is the peace accord which ended the legitimacy of the resistance of the Israelis as an occupation. This might be one of the most important results as America didn't use to condemn action against military personnel. But, now that the agreement is in place...your actions now are terrorism and not a resistance."

Assessing the current situation, Ashqar points out that "we have several institutions which support work on the inside, but still a lot remains. I will give you an example; the deportees, since December until now, not even one official delegation went [to see them] from America, not because we didn't think about it, but because there are no resources."

Turning to education, Ashqar says, "Most of the college professors are graduates from America...The issue of education and the higher studies in America is an essential issue...in order to control the institutions and in order to give political might to our brothers in the inside." Ashqar also asserts that "The effect of visiting delegations...is really an important issue, particularly in the upcoming stage. We must make people in the inside [feel] that they're not cut out like a limb from a tree, but that they have their extensions."

Further, Ashqar warns that "The entire archive in the inside might be confiscated entirely. If there was really no duplicate for it, the Movement will really come without a heritage and every movement will begin from...zero." 

And Shukri Abu Baker cautions the attendees that "the other issue...is the legal and security situation. I mean, now...you resist the entire world...The entire world is against you...No doubt, there will be legal obstacles. Three years ago, we were visited by some of our brothers...and we said 'Our brothers, think about the day Sister Samah will get divorced, when everybody rejects her and say about her that she is a terrorist'. They were saying that this will never happen."

Earlier in the session, Abu Baker had admitted, "We used to have an approach which probably had a glaring color, I mean the Jihadist [address] and this and that, focus on activism even through our lectures, conferences and seminars. And maybe this address was in harmony with the current, the general current was marching in that direction. Therefore, we were marching in that direction. We used to tell the Islamic and the Palestinian communities about the heroism of the youths in the inside." He added, "Military breeding, it was going in that direction. Now, truly, what happened is a turning point. In general, people - regardless if they're convinced or not - even he who was marching with that current, now feels that its speed stopped, slowed down or something."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference - "America Constitutes Five Fundamental Axises"
On this tape, Gawad (last name unknown) declares that "America constitutes five fundamental axises for the Movement."

According to Gawad, the first axis is "to remain a secure place for the Movement." Gawad continues, "Two, potentials from the community - specially those who speak the language and stuff like that - the Movement needs them to invest in them...We have to pay attention to this advanced mentality, this civilized [mentality], the one which understands how the world works...Three, to make this front a pressure element on the Palestinian political leadership over there. Why? In order to shape the public opinion, the enlightened class, doctors, the rich, the well-to-do, those who live in the West, those who know the Western nations, etc. The American front...will give a backing to the position of the Movement."

Gawad continues, "Four, providing services. This includes humanitarian [services]...The fifth direction is to our work in the IAP and the group which is here for Palestine should take leadership of the Palestinian political current in America..." Gawad also warns, "if financial support for them [the brothers inside] does not continue, our institutions will really stop."

In this same session, an unidentified speaker comments, "All the Jews have one religion and all infidels have one religion, regardless. I mean, they all agree on slaughtering Muslims."

Also in this session, Omar Ahmad responds to the assertion that "Israel's military is stronger than us" by acknowledging, "We couldn't destroy it."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference - "We Give the Islamists $100,00 and We Give Others 5,000"
In this transcript, Abou Basem (last name unknown) announces that his "paper has six points which were discussed in the meeting of Al Quds Committee for Human Services."

Abou Basem states, "The first point is that it might be suitable for the charitable organizations working on the Palestinian field such as Al Quds Fund, The Holy Land [Foundation] and others to be open to other areas in the charitable work. We suggest that this new areas reach Palestinian camps in Lebanon and Jordan, for instance, and other areas...The second point is as follows; as the media attention will focus on Gaza in the near future, specially that Gaza will become the political capital in the short term first and before the [West] Bank. It is our duty then to focus our media campaign on the [West] Bank, its problems and what economic crises it suffers from."

He then argues "that one of the biggest factors for the success of media campaigns is bringing guests from inside the occupied territories. Media campaigns...are the ones the which serve the cause in the charitable and the political fronts. Friday sermons must be arranged in the mosques...." Abou Basem also advocates "start[ing] a dialogue with the U.S. and international charitable organizations, UN organizations and embarking on new joint projects in Palestine." He further complains that "the Palestinian community in Canada...doesn't have any effectiveness in doing charity work with us...They don't support the Organization or Islamic activism...No matter how we tried with them, they're busy with their daily lives and only a few of them inquire about those on the inside. Our support within the Islamic community and the most giving groups are the Indian and the Pakistani communities."

Also in this session, Shukri Abu Baker makes a highly revealing comment, admitting that "we give the Islamists $100,000 and we give others 5,000...We should never ever be agents of others but we should maintain a balance...The Foundation must stay on its legal track as far as charitable projects are concerned without going after a sentiment which could harm the Foundation legally..." Notably, federal prosecutors introduced a $5,000 check HLF wrote to assist the victims of the Oklahoma City bombing.

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference - "An Official U.S. Cover Representing the Islamic Community"
During this session, Palestine Committee member Muin Shabib tells the group that "there was a noticeable absence for Islamic organizations in the West Bank and the Gaza Sector, whether before the Intifada until now..." He proceeds to describe Hamas' presence in ten sectors, including educational organizations, Zakat committees, and media organizations. For example, he states, "the main organization...which is known to belong to us is Islamic University in the Gaza Sector..." (see below for more on the Islamic University of Gaza's ties to Hamas.) Similarly, he points out, "we could say that the Ramallah Zakat Committee is ours, including its management and officers." Shabib also bemoans the fact that "we establish [organizations] and others reap the fruits."

Shabib then lays out his "vision regarding the situation of the organizations in the coming stage under the self-rule. The relationship between us and the new Authority will be a hostile one...The possibility of the continuance of Jihad operations against the Jews, a matter which the self-rule authority won't accept."

Later in the session, an unidentified speaker says, "I wrote about a point which should be taken into consideration which is making available an official U.S. cover representing the Islamic community in general terms...This way, we can visit Palestine not as Holy Land Foundation because the Holy Land Foundation is stamped already as...er, whatever. So, if we collected a group of representatives of Islamic organizations, one from ISNA, one from ICNA and one from here and there, and formed an official delegation representing the Islamic community in America and announced in a studied format that we will be going to the Occupied Territories and Gaza in particular...to provide assistance to Islamic foundations which are already established [there]. This will achieve more than one goal: first, we exhibit the existence of an Islamic concern for the cause...secondly, we give an official cover for the existing organizations in case they got dissolved."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "Even Children's Daycare Centers...Their Dawa'a Value is Close to Zero"
On this transcript, Shukri Abu Baker and Omar Ahmad discuss the relationship between HLF and IAP.

Abu Baker says, "some of the brothers greatly exaggerate the relationship between the [Islamic] Association [for Palestine] and the Fund and that is because it is not understood...the strongest relationship we have is during the conferences and the income from the conferences does not constitute more than one sixth of the total income." Abu Baker points out that he also has a "relationship with the [Muslim Arab Youth] Association", as well as with the Islamic Society of North America (ISNA). However, Abu Baker complains that "ISNA is a hopeless case, almost a hopeless case because, for them, the cause of Palestine in the back memory."

Omar Ahmad asserts that he feels "there is something missing from the [Islamic] Association [For Palestine] and its relationship with the Fund. There is a lot missing which is the media aspect of the Fund. For instance, you meet with the community every year through the festivals...now Abou Ibrahim [Mohamed El-Mezain] is now known all over America. I don't think there is one Arab-Muslim who doesn't know him...Brother Shukri is the same thing...Even if a future problem rises where he cannot raise money during the festivals, the point is that the Fund goes out to its public and remains a point of contact for the public..."

As the focus of the conversation shifts, Abu Baker worries that "there are no studies...indicating that our consumer's services really benefit people...Even children's daycare centers...we discover that their Dawa'a value is close to zero...What have we benefited from that? The same thing applies to orphans sponsorships; we spend hundreds of thousands of dollars over this program but, there is no Dawa'a use for it...We are not re-evaluating our strategy in charity work in the first place."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "The Most Important Thing...is to Support Jihad in Palestine"
On this tape, Abdel Rahman (last name not listed on FBI transcript, but note that Abdul-Rahman Baraksi was at the meeting) tells conference attendees that "in the coming stage, the most important thing we can provide...is to support Jihad In Palestine. I believe it is the only way if we want to bring the goals of the [peace] accord to fail...We as a organization - as a non-profit organization - are not able to do that. But, at least, we can focus on the issues relating to that matter..."

He continues, "you have the issue of sponsoring the families of martyrs, you have the prisoners...those people have a direct relationship with Jihad, and they must get more money and more thought [from us]. In our letters we sent to people, we ought to place emphasis on the families of the martyrs, the prisoners, the orphans and the families of the wounded."

Later in the session, Omar Ahmad attempts to dispel a myth, stating: "there is a rumor being circulated with some people that people would like to form alternate organizations in place of the [Islamic] Association [for Palestine] and the Fund and stuff. This is not true. There was a misunderstanding...There are no alternate organizations." Providing more detail, Ahmad reveals that "a suggestion was made by a Jordanian person to start an alternative, meaning that they want the organizations to form a solidarity committee for the Palestinian people and the other organizations would dissolve within it within two years. It was a suggestion made by whom? By one or two people."

Finally, the tape concludes with discussion of a familiar topic, as Muin Shabib is asked "What are the kinds of organizations which you expect will be directly hit, during the initial phase...?" Shabib responds, "in the Gaza Sector, the Islamic University will be target number one...the most important activity for the Zakat committees...is in the form of the Medical Scientific Society which now encompasses most [of] the medical activity in the West Bank...the cover is now in place." Additionally, "there are tens of organizations in the West Bank...which might be targeted directly. For instance, there are several organizations in Hebron...such as the Young Men Muslim Association, possibly the Islamic Welfare Society which is one of the organizations with notable activity."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "Is America a Confrontation Front?"
An unidentified speaker begins this session by "talking about the future of the political, media and public activism, and...public relations." According to this individual, "The main goal we should follow while doing media activism is awareness." He suggests building "awareness on the level of imams and Sheiks", and notes "We should always feed them with the points of the Friday sermons and speeches they give about the cause of Palestine." Further, he advocates "Building a network of faxes for quick initiatives" and encouraging "student activism in universities." The attendees should also work to ensure that there are "curricula and teaching materials which spread in Islamic schools and in weekend schools" in the U.S. Finally, he tells the group that they should collect "cassettes for speeches and lectures about the issue and publishing them" and establish "a historical museum."

Moreover, he advises his colleagues how to answer when asked "Are you against peace?", urging them to say, "We are not opposed to peace as a peace but we are against hypocrisy because this peace is not just...No peace without justice."

Also on this tape, Gawad, who was an active participant in this prior session, comments, "regarding the goals, I was very surprised. There is a 180-degree change in customary threatening language of the organizations regarding the Palestinian cause...You feel that it is over, that's it, we must deal with the reality and we surrendered...Issues such as steadfastness, direct support to the people of Palestine and supporting the Jihad in Palestine are now absent. Where are they? I'm really surprised." Gawad later elaborates, noting, "my opinion regarding the goals is very clear: supporting the resistance to the occupation because the occupation will continue. It won't end."

Aware of the consequences of openly stating such a position, the unidentified speaker who began the session cautions, "As an American organization, we cannot adopt this stuff or add it to our goals...in the eighties, we at the [Islamic] Association [for Palestine] wrote that."

The exchange between the two men intensifies as Gawad says unabashedly, "I'm working on Jihad, support the Jihad, support the Jihad, support the resistance to the occupation." He continues, "The [Islamic] Association [for Palestine] met with the FBI in defense of Hamas. It was a clear talk then. Support to the Movement. Henceforth, do these goals mean anything?" The security conscious unidentified speaker cautions his colleague, "Keep your voice down."

Later in the tape, Shukri Abu Baker takes control of the dialogue, asking, "Is America a confrontation front? And what do we want from...from the reader of Al Zaytouna and the reader of the Monitor and from the guy who owns a store in Chicago? Do I want him to go fight or do I want to earn his sympathy so that he could donate to me..." He adds, "what do we want from the Americans? Do we want to convert them to Muslims...because the [Islamic] Association [for Palestine] often does activities which sound like that of mosques; pure Islamic things."

He then tells the attendees, "our brother is telling you...'let's not hoist a large Islamic flag and let's not be barbaric-talking. We will remain a front so that if the thing happens, we will benefit from the new happenings instead of having all of our organizations classified and exposed." Expanding on his warnings about becoming too "Islamic," he says, "I was telling our brother Aboul Hassan [Abdelhaleem Ashqar] about Al Aqsa Organization. Why 'Al Aqsa Educational'?. When you go to Oxford they will ask you: 'Sir, what is Aqsa?'. Make it the 'Palestinian General Education Academy'. Make yourself a big name like that and give it a media twinkle and there is no need for Al Aqsa, Al Quds, Al Sakhra and all that stuff." (Note: Ashqar ran the Al-Aqsa Educational Fund, which Chicago prosecutors argued was a conduit for Hamas funds)

Abu Baker predicts that they may be "unable to work because all of us have become burned, all of our organizations are purely Islamic organizations..." Thus, he believes "we should start right now...begin thinking about establishing alternative organizations...whose Islamic hue is not very conspicuous."

The tape concludes with Abu Baker highlighting that if "Samah is classified as a terrorist [organization]...if I wanted to adopt its work, they kick me out..." In order to be "reactive," the Palestine Committee should "expect the worst case scenario and be proactive so that when an event takes place we would have a blanket to fall on instead of falling to the ground."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "War is Deception"
Continuing the debate from the prior session, Omar Ahmad disputes Shukri Abu Baker's assertion that the organizations can hide their Islamic character. On this tape, Ahmad says, "I personally believe that anybody's secret will be revealed right now...no matter what names you will use they will be revealed because...you cannot hide a Muslim."

As the group continues to debate the merits of forming new organizations, Omar Ahmad is asked, "Have you studied the legal status of the [Islamic] Association [for Palestine]...and found there are real dangers such as closing...any time soon?" Ahmad responds, "The danger is two-fold, either a financial connection or orders." But, Ahmad points out, "if you cover these two bases...as an American organization, [you] can do whatever you want. This is from the legal point of view. As for the media, it is possible than you could be destroyed by the media without the law touching you."

Expanding on his point, Ahmad states, "For instance, newspapers and magazines can say that you are a terrorist because you are an Islamic organization." He adds, "they could hold things against you and destroy you on the media front before you're destroyed by the government and the law. This is like Sheik Omar, for instance." Ahmad continues, "Sheik Omar Abdel Rahman, there are no...,what you call crimes against him, you see?" According to Ahmad, "they kept digging around him and stuff like that. But, it was the media which accused him before he was legally charged and he wasn't able to...because he didn't have a support system. He couldn't defend himself in face of the media. The media is overwhelming, that is." (Note: Omar Abdel Rahman was convicted for his central involvement in the 1993 World Trade Center bombing and the New York landmark bombing plot. As The 911 Commission Report states, Rahman "preached the message of Sayyid Qutb's Milestones, characterizing the United States as the oppressor of Muslims worldwide and asserting that it was their religious duty to fight against God' enemies." Qutb was a key figure in the Muslim Brotherhood.)

Ahmad then bemoans the difficulty of appeasing both American and Muslim audiences. He comments, "if you want to [talk to] the Americans, you lose the Muslims. If you address the Muslims, it means that you cannot reveal your address to the Americans. Frankly speaking." Providing an example, he says, "Like when you're talking opposition to peace...people are telling us that we have become peace-loving, for instance...But, one could interpret peace-loving that we have surrendered and another would interpret it that we...use diplomatic terms...if someone asked you if you want to destroy Israel, what are you going to say on TV?" He tells the group, "if you give an inconclusive response which is like you didn't answer the question, someone will come to you and tell you that you have forsaken your principles."

Turning his attention back to the possibility of forming new organizations, Ahmad points out that "we don't really have available people whom we could dedicate for the work we want to hide."

After discussion about whether the organizations "should drop our Islamic identity or keep it," Shukri Abu Baker tells his colleagues, "War is deception. Deceive, camouflage. Pretend that you're leaving while you're walking that way...Deceive your enemy." Omar Ahmad chimes in, "This is like one who plays basketball; he makes a player believe that he is doing this while he does something else...I agree with you. Like they say, politics is a completion of war."

Next, IAP official (and future CAIR co-founder) Nihad Awad presents on media strategy. He tells attendees, "the first thing is training and qualifying individuals in the branches and the communities on media activism through holding special courses on media. Also, we could have internships for students, either in institutions or universities." Other proposals include "giving an opportunity to the largest number of non-Arab writers to adopt, write about and speaking about the Palestinian cause...", "inviting non-Arabic speakers to attend the Return Festivals so that they see that Palestine has a certain cultural and artistic characteristic," and "re-writing some leaflets and media issues relating to the Palestinian cause in English."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: There is "No One Left to Protect the Principles...Other than Samah"
On this tape, Nihad Awad continues his prior presentation, stressing the importance of "keeping up with the internal events and incidents and breaking the Western black-out of them."

Discussion then turns to a statement that HLF, IAP, and ten Islamic organizations issued about Palestine. Omar Ahmad tells the group, "we kept prolonging it, diluting it and making it like water...At the end, a person must be very smart and either know that we are opposed and, consequently, understood from the statement that we are opposed, or he is intelligent and he understands that we are opposed but cannot speak." Nihad Awad points out that the other organizations were included "Because we wanted to provide legality or cover for the bottom line...As for those who want to know the opinion of the [Islamic] Association [for Palestine] [they] shouldn't read this statement. Go and read the [Islamic] Association [for Palestine]'s first statement."

An unidentified speaker informs the IAP officials that "all the Islamic organizations such as ISNA, ICNA and others wish to see the day you issue a statement in your name and that's it. You are a specialized entity and you leave them alone." However, "if you keep contacting ISNA and ICNA, you will be forced to modify the language of the address."

Later in the session, Omar Ahmad comments that the peace treaty "is between infidels and infidels." And responding to a statement that "peace shouldn't be endless," Nihad Awad replies, "This is correct." Awad also argues that he does not "see any embarrassment in speaking about Islamic Sharia..."

The tape ends with the participants discussing how to address Americans. Shukri Abu Baker opines, "I have a feeling...that we avoid speaking with the Americans as we are not trained in talking with them and we are intimidated. We are scared to talk. We don't really have a clear policy in dealing with them." Pointing out the importance of choosing one's words wisely, Omar Ahmad remarks, "There is a difference between you saying 'I want to restore the '48 land' and when you say 'I want to destroy Israel.'" Shortly thereafter, Nihad Awad chimes in, "Address people according to their minds. When I speak with the American, I speak with someone who doesn't know anything. As for the Palestinian who has a martyr brother or something, I know how to address him..."

Also on this tape, Omar Ahmad declares, "By God, it seems that are no principles...No one left to protect the principles and believe in the principles other than Samah."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "Muslims, Arabs and Jews are Meeting under the Dome of the White House"
On this tape, debate circles back to whether the Palestine Committee should form a new organization.

Osama (no further information) asks, "how is this organization going to be different in its dealing from the [Islamic] Association [for Palestine] if it is an Islamic one? Do you want it to become like Abdel Rahman Alamodi? Ok, Abdel Rahman Alamodi wants to deal with them."

Gawad notes that "there is a clear attempt to normalize the Jewish, Arab and Islamic relationship in America." He adds, "There are now concrete indications about this normalization. Alamodi is saying 'For the first time, Muslims, Arabs and Jews are meeting under the dome of the White House'. He said that to Clinton." An unidentified speaker confirms, "even President Bush sent a greeting to the ISNA conference 3-4 years ago. So, the process has started long time ago but its fruits have started to appear now."

In this context, the men discuss the importance of lobbying Congress. Omar Ahmad tells the group, "We're not talking about the lobby imagining that, all of a sudden, you will have 50 Congressmen in support. We are dreaming right now." Because IAP "is seen as an Islamic entity," Ghassan (last name unknown) argues that "people must have another organization which addresses the [Palestinian Liberation] Organization, addresses the U.S. Administration, addresses any government, address with the lobby..." An unidentified individual then asks, "So, the idea suggested by Omar is acceptable. Right? The idea of a political organization and public relations and stuff."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "We Will Have an Entry Point to Use Them to Pressure Congress and the Decision-Makers in America"
In this transcript, Akram (last name not listed on the FBI transcript, but HLF and IAP representative Akram Kharoubi attended the meeting) suggests, "we should try to publish some articles by representatives of the Islamic Movement in U.S. papers." He then warns attendees that "there are preparations under way to compensate the refugees of '48 or '67 for their rights meaning, to forsake their land, sell their land..." He asks, "why are waiting for this decision to be made before we publish legal edicts, before we warn people that it is not permissible?...that selling the land is treason."

On this tape, Gawad slips up and mentions Hamas, quickly correcting himself by saying "the Samah Movement. I mean Samah." His gaffe is met with laughter.

Also on the tape, Omar Ahmad comments, "What is the goal from the war? Isn't it the liberation of Palestine? Come on. How are you going to liberate Palestine?" An unidentified speaker responds, "Through Jihad." Ahmad replies, "Who is going to carry out Jihad? The Palestinians only are the ones who will go to Jihad against a national occupation."

Shortly thereafter, Ahmad delivers a presentation on "strengthen[ing] the Islamic activism for Palestine in North America." He argues, "we must do...two things: widening the Muslims' circle of influence and reducing the Jews' circle of influence." He stresses the importance of "broadcasting the Islamic point of view in U.S. media", pointing out that "when Nihad appeared on CNN and talked in the way he spoke, this greatly reduces the severity of allegations of radicalism."

Ahmad advocates for "preparing studies which define a method for dealing and address which suits the American political and media atmosphere. We now have a research organization which is UASR, for instance. But UASR...does not help us in Palestinian activism in America..."

Further, he believes that there must be a "unified activism program for Palestine. If the positions of the Islamic organizations started to contradict, which is what is currently happening as the [Islamic] Association [for Palestine] is saying one thing, the AMC is saying one thing, MAS is saying another thing...we must be careful that the positions of Muslims remain the same."

And, echoing a point made previously, Ahmad highlights the need to strengthen "the influence with Congress..." In his view, "This can be achieved by infiltrating the American media outlets, universities and research centers...It is also achieved by working with Islamic political organizations and the sympathetic ones such as...the American Muslim Alliance, such as the United Muslims of America, MPAC...if Muslims engage in political activism in America and started to be concerned with Congress and public relations we will have an entry point to use them to pressure Congress and the decision-makers in America."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: Alliances "Will Protect Our Organizations with the Official Circles"
On this tape, an unidentified speaker rejects the assertion that Committee members should temper their language, arguing, "If we retreat and didn't insist on [our] own initial position people won't have someone as a role model. Therefore, we must remain steadfast on our Islamic position and work under pressure in order to strengthen the Islamic voice for Palestine...We shouldn't retreat from our position even if we come under attack by the media and their allies. In this manner, we will gain credibility with people."

This speaker also advocates "forming alliance with Arab and American organizations which are sympathetic to us such as the ADC and others. This will protect our organizations with the official circles."

Then, Gawad takes control of the discussion, presenting on "the axises of activism", which include "connecting the children of the cause...to Jerusalem based on Islamic grounds" and "establishing an Islamic entity for missionary and Islamic call."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: Focus on "the U.S. Front" or "the Domestic Front?"
In this transcript, Shukri Abu Baker tells the group that America represents "a safe place for the Movement." He later asks the attendees, "Should most of the effort be focused on stabilizing the organizations in America and focusing on the U.S. front or should focus be on the domestic front?...should the organizations exist to serve the Movement inside or...for building a strong community, a politically active one, one which we use and establish our roots in America..."

Omar Ahmad responds, "I believe that we are a service organization for the inside. All of our work is for Palestine. All of the work for Palestine is 75-25, 75% for the inside..." Highlighting the problem with this approach, Ahmad notes that "the community here doesn't want to just serve the inside...Are you going to serve it or you're going to tell them, 'I just want you to serve the inside. I bring you news, donate money to me.'" Explaining how other U.S. organizations serve the American Muslim community, he gives the example of the American-Arab Anti-Discrimination Committee (ADC), which defends against racial discrimination and harassment. He then asks, "are we supposed to develop and do things like that so that the community feels that we're defending them..." Later, Ghassan Elashi tells Ahmad, "you...don't want to turn into a specialized organization like the ADC. The ADC is already existing and its name is the Anti-Discrimination Committee..."

Also on this tape, Ahmad points out that if the organizations encounter financial difficulties, "there is another way out. Why would you work in America? Go to the Gulf, get donations."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: The Impact of the Accord on Charity Work in the U.S.
In this transcript, Akram (last name not listed on the FBI transcript, but HLF and IAP representative Akram Kharroubi attended the meeting) delivers a presentation on impact of the accord "on charity work in America."

According to Akram, "the morale of donors will be more negative in regards to donations. There is...near unanimity that donations will decrease as a result of some donors' conviction that there will be an economic revival..." The upside of that development is "the new economic situation might cover some of the families' needs in Palestine, the needs which the Fund used to spend almost 80% of its allocations on. So, this small break which might occur can cover some of the need and, consequently, a direction to provide more support to the organizations might emerge and with more vigor in the future." Akram further suggests "registering some of the charitable organizations in Palestine under names of people living abroad in order to make it hard to hit them in the inside and closing them."

Also on this tape, Ghassan Saleh argues that there "should be a dramatic change in the [Islamic] Association [for Palestine]" and "that it should move in the community's direction." As the discussion continues, Omar Ahmad warns that IAP could be marginalized: "Tomorrow, the Jews will use the media [and say], 'The Islamic Association for Palestine and stuff. It does this and that.' Not a single person will go to the festival." Addressing the potential need to temper IAP's approach, Shukri Abu Baker notes that individuals are asking whether an alternative is needed to the "twenty-five percent of our media which said, 'Our brave heros have conducted this and that operation and killed X number of Jews and Zionists..."

Later on the tape, the conversation returns to IAP, as an unidentified attendee assesses that they must be "careful not to show the Association as an opposition party with direct connections with the inside...It expresses the Movement's position but it doesn't say I represent this side or anything like that." Abu Baker replies, "It should lie, you mean." Shortly thereafter, he adds, "war is deception," repeating a phrase he first used on this tape.

Additionally, Abdelhaleem Ashqar asks whether "it is possible here to publish some of the magazine which serve the inside in order to fill the existing vacuum" because he believes that "they [don't] read anything that is being published in America." He remarks that he "really wanted Ahmad Yousef to do that." Yousef served as the Director of UASR and is now the political advisor to Palestinian Prime Minister (and Hamas leader) Ismail Haniya.

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "I Cannot Say to Him that I'm Hamas"
On this tape, Shukri Abu Baker analyzes the best strategy for communicating with Americans about the Oslo Accords, saying, "It does not benefit me to show to the American people that...I am against the accord because I hate Abou Ammar [Yasser Arafat] and hate the [Palestinian Liberation] Organization. But, it is very possible that you speak out of objectivity, democracy and freedom of expression...and...show reasons but, without being forced to attack the Organization in a personal and direct manner." An unidentified speaker chimes in that they should be "playing a very important tune to the average American which is the issue of democracy, the issue of representation. When you tell an American individual that, '...this person is not elected. He is an oppressor...This is a dictatorial regime...' Bring up Saddam Hussein's name..." Ghassan Saleh challenges this approach, arguing that "we should oppose and combat this accord using its humanitarian aspects..."

Moreover, Abu Baker stresses that when talking to Americans, "I cannot say to him that I'm Hamas." He also declares that "we don't want the American front to become a front for direct conflict." The organizations must be extremely careful because "for the American organizations, if you're against peace, you're a terrorist."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: UASR is "Not Affiliated with the Palestine Committee"
Here, the conversation again centers around the need "to have an organization...to conduct research or studies about Islamic Palestinian activism in America...It would be an organization which conducts research at the World Islamic Movement's level to tell you what to do and how to act, tell us what to do in America."

A schism is revealed as Nihad Awad tells the group that when he has made research requests to UASR they have replied, "We don't have a relationship between you and us. We don't know how you work or what are the publications." An unidentified speaker, unhappy with UASR's response, states, "By God, there are certain assignment which could be given to UASR to do within a month, two or three months..." However, attendees are informed that UASR is "not affiliated with the Palestine Committee." An unnamed speaker is baffled, as he points out that "this organization conducts research and produces scientific material [such as] 'Who is Ahmad Yasin?'" (Note: Nonetheless, Mousa Abu Marzook was an incorporator of UASR and sent the organization over $285,000. And the U.S. government identified UASR as a Palestine Committee member in this filing.)

The tape ends with a brief review of the international reaction to the Accords. One unidentified speaker reports that "the Syrians are opposed to the accord", but they "are self-serving."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: Do Not Mention "We are Being Supported by Syria"
In this transcript, an unidentified speaker continues his review of the international landscape and tells the group, "if you want to move and to work, go ahead but without mentioning that we are being supported by Syria or encouraged by Syria. I mean, just like Hizbollah worked." Abou Ahmad reminds the speaker that "the U.S. and the Jewish administrations know the truth."

As the conference draws to a close, Omar Ahmad reminds every attendee to "take a copy" of the papers because they "will not be sent via mail."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  The 1993 Philadelphia Conference: "Alliances Will Protect Our Organizations with the Official Circles"
On this tape, an unidentified speaker rejects the assertion that Committee members should temper their language, arguing, "If we retreat and didn't insist on [our] own initial position people won't have someone as a role model. Therefore, we must remain steadfast on our Islamic position and work under pressure in order to strengthen the Islamic voice for Palestine...We shouldn't retreat from our position even if we come under attack by the media and their allies. In this manner, we will gain credibility with people."

This speaker also advocates "forming alliance with Arab and American organizations which are sympathetic to us such as the ADC and others. This will protect our organizations with the official circles."

Then, Gawad takes control of the discussion, presenting on "the axises of activism", which include "connecting the children of the cause...to Jerusalem based on Islamic grounds" and "establishing an Islamic entity for missionary and Islamic call."

During the second trial, DOJ also entered into evidence an excerpt from the larger transcript.

   
  Conflict between HLF and Ashqar's Al-Aqsa Educational Fund
(The below information is drawn from NEFA's library of HLF trial #1 documents, unless otherwise noted.)

According to a declassified FBI memo, "in early 1994, [Abdelhaleem] Ashqar's Al-Aqsa Educational Fund (AAEFI) and the HLFRD were in conflict over fund-raising issues...HAMAS Political Bureau head Mousa Abu Marzook designated the HLFRD as the primary fund-raising entity in the United States and ordered the AAEFI to curtail fund-raising operations. Ultimately, Marzook traveled to the United States  and chaired a meeting in Dallas, Texas, regarding this issue...Two senior Hamas activists, Jamal Hamami, one of the founders of Hamas, and Sheikh Mohammad Siyam (a.k.a. Siam), a self-admitted HAMAS official...met with Ashqar in Oxford, Mississippi, on March 13, 1994, to explain Marzook's decision." 

Intercepted conversations provide extremely valuable insight into this conflict.

In this 1993 (no further specificity provided) conversation between Muin Shabib and Mohamed El-Mezain (entered into evidence during trial #1), El-Mezain voices his belief in the need for one fundraising organization in the U.S. supporting Hamas: "One of the sheiks told him...'You have now opened an education [foundation]. Tomorrow, you will have someone to open a health [foundation] and the day after one will come and open this and that [foundation]. It will be a problem, instead of having one strong, respectable organization you will have too...'...I mean, we will not be having something respectable to work on and we will not be working in an organized way." 

During this November 20, 1993 conversation between Ashqar and Abou Omar, Ashqar complains that HLF official Mohamed El-Mezain "cannot manage things..." and that "The Association [IAP] has become a company...Everyday, they appoint someone...gossip and defamation has abounded in this matter...The concept of volunteerism has ended...And then, every now and then, they're coming to Al-Aqsa Fund and [saying], 'We don't want it'."

Then, in this January 22, 1994 conversation between Ashqar and Abou Ahmad (no further information), Ashqar reports on a letter he received which stated, "the matter is threatening undesirable consequences. The prevention of sedition takes precedence over the keenness...[of] interests...God has ordered us and admonished us against disaccord....I wish that you stop your activity until I arrive to America." Abou Ahmad advises Ashqar, "You either close down the Fund or you close them down completely...Don't consult them or coordinate with them regarding business...If this is how business is going to be in this manner, forget about them...make yourself a new network."

In a a February 23, 1994 conversation between Ashqar and Muin Shabib, which was entered into evidence in the second trial, Shabib says, "I want to entirely stop doing their kind of business. It's trashy business. These guys are crooks. It's childish business. I swear, by god, this guy, Shukri, Shukri is despicable...He hung up the phone on me!"

And, in this February 23, 1994 conference call between Muin Shabib, Ismail Elbarasse, Omar Ahmad, Osama Ahmad, Shukri Abu Baker, Jamil Hamami, and Abou Bilal (no further information), Osama Ahmad recounts a conversation in which "Omar Yehya said, 'I want to put on the table a suggestion to close down Al Aqsa Fund. Would anyone be willing to second?' I believe Shukri...said, 'I'll second.' At this point, Aboul Hasan jumped up and said, 'Even if you voted to do it, we will not close it down because you do not have the authority to close it down.'"

Ahmad tells the group that the main conflict centered around "guests" because Ashqar was "bringing them to the same public, the same places and the same centers where the Fund would be bringing its guests. Therefore, people would start wondering and get confused." Thus, a suggestion was made that "Aboul Hassan should not bring guests over during the month of Ramadan and [should] leave that opportunity to the Fund because its capacity for collection is broader. He can bring guests over twice a year in coordination with the Holy Land Foundation. He is to give them a one-month advance notice."

A point of particular tension, discussed in the call, is an upcoming visit by Jamal Hamami organized by the AAEFI. Lashing out, Shukri Abu Baker says, "the Al Aqsa Fund has interfered in our line of work and I consider it an illegal interference...it was done without coordination. He is communicating with our own network...the same people...without trying to innovate in any other field except our exactly...Sheik Jamil:, we brought him to the American scene, we introduced him to the public, the Fund has investment large sums of money...to make this Sheik become well known...There is a mutual cooperation agreement signed in Sheik Jamil's and between us and them, that the...Holy Land Foundation, represents the [Islamic Science and Culture] Society and oversees its interests in America...Sheik Abou Hamza [Hamami] signed it. Therefore, my opinion is that Sheik Jamil, in his visit to America, should proceed along with the Foundation."

In the end, the men agree with Abu Baker's suggestion and propose that during Hamami's U.S. visit, "the funds...raised...[will] be disbursed according to an agreement between him and the Holy Land Foundation." Muin Shabib is the only dissenter, arguing that such a decree "will result in more damages than benefits," particularly since it will likely enrage Ashqar. The men decide that "in the event Sheik Jamil declines and requested to stay...with Al Aqsa, we consider Al Aqsa the one in violation, and not Sheik Jamil." (In trial #2, prosecutors introduced an excerpted transcript of the conversation call.)

In a transcript of a March 1, 1994 conversation introduced into evidence in trial #2, Ashqar and Abou Ahmad (no further information) discuss the issue further. Ashqar notes that he received a message railing against the "disaccord and conflict." He was also asked to stop his activity until the individual arrives in the U.S. It is also noted that Elbarasse is "being the most strict."

And, in this 1994 conversation (no further information), Muin Shabib says to Haitham Maghawri that he has spoken to Shurki Abu Baker and “we are supposed to coordinate things in an organized manner…this issue must be resolved from the roots, from the roots, from the roots…because a mess like this will hurt all of us.” The upcoming visit of Sheik Siam is also discussed.

Prosecutors in the first HLF trial also entered into evidence a transcript of a meeting between Ashqar, Siam, and Hamami. During that meeting, the two men inform Ashqar that they feel the decision to support HLF is "balanced" and "right." Siam points out that "it is not worth it to be angry at each other and become rivals while we are brothers." What's more, according to Siam, Ashqar has admitted to "competing with them over employees." (In trial #2, prosecutors introduced an excerpted transcript of the meeting, which was identified as taking place on March 14, 1994.)
   
  HLF USA Agreement with HLF Jerusalem
In June 1994, Shukri Abu Baker and Mohamed Anati (Exec. Dir. of HLF Jerusalem) signed an agreement identifying HLF Jerusalem as HLF USA's "sole agency in the West Bank and Israel."

(Documents pertaining to HLF Gaza are here and here and here. And, in this document, HLF Hebron transfers money to HLF Gaza to support the "Demolished Homes Project.")
   
  Shukri Abu Baker's Complaint Letter to the Associated Press
In June 1997, Shukri Abu Baker wrote a letter to the Associated Press complaining about a three part series titled "Jihad USA." Abu Baker stated that "we at the Holy Land Foundation are outraged to find our name in the middle of an article that is desperately trying to divert attention from the real terrorism that is facing this country." The author "crossed the lines of ethical journalism when he chose to link our charitable organization to Hamas." Abu Baker then highlighted a number of purported errors in the story. For example, he claimed that HLF never had an office in Jerusalem; rather, "there is a Palestinian organization with a similar name in Jerusalem legally operating under Israeli law."
   
  Wiretap: HLF Officials React to the Closure of HLF's Jerusalem Office
In December 1997, Shukri Abu Baker, Haitham Maghawri, and two unidentified individuals were recorded discussing the Israeli closure of HLF's Jerusalem office. Planning a media strategy to handle the crisis, Abu Baker tells the unidentified male that "we are going to say" that "you have a board of directors and complete independence..and we have a relationship of cooperation with you." Abu Baker plans this response because he feels that "the U.S. media is very keen to show that we have offices which are shut down."

Previously, in March 1996, Ghassan Elashi and Shukri Abu Baker reacted to an Israeli raid of HLF's Jerusalem office.
   
  HLF Transfers to Its Overseas Offices
These documents (#1, #2)  trace HLF's transfers to its overseas offices.
 
  Fawaz Abd-al-Rahman Hammad and HLF
In February 1998, HLF received an intercepted fax from the wife of Fawaz Abd-al-Rahman Hammad, who was detained at the time in Israel.

She requested: “A certificate providing that Mr. Fawaz Abd-al-Rahman Hammad was working as an economic consultant for your projects with charitable legal organizations. A copy of the Holy Land Foundation licensing. A copy of the cancellation of the order to close down the Holy Land Foundation.” (The fax was sent "from: Alrazi Hospital Jinen.")

In June 1999, in this recorded conversation, Haitham Maghwari and Ghassan Elashi note that "Fawaz expressed his readiness to work with us."

The same month, Hammad provided his resume.

In August 1999, this recorded conversation took place between Hammad, Bassam Fares, and Ibrahim al-Samneh. Hammad is identified as a regional manager.

In December 1999, in this recorded conversation, Hammad, Shukri Abu Baker, and Javid Karim discuss Hammad's employment status. Hammad voices his desire to return to his status as a consultant.
 
In a document from trial #1, Fawaz Hamad was identified as the HLF representative in Jenin.
   
  Mufid Abdulqader's Fundraising Efforts
This document summarizes events involving HLF fundraiser Mufid Abdulqader, who was a long-time member of the Al-Sakhra band, which frequently performed pro-Hamas songs and skits at IAP and HLF events. For example, at the IAP's Third Intifadah Festival, Al-Sakhra sang, "You will not cross over my blood, over my blood. You will not live in my homeland, in my homeland. Death to you...under the ground, and glory to us...above the ground...Surround them, Kill them. With skill, stone them."

And, in this sequence, Abdulqader sings, "I am Hamas, O dear ones. And I am Hamas, O dear ones. In midst of fire, they throw me. And I am Hamas, O dear ones. In midst of fire, they throw me. I swear to wipe out the name of the Zionist. And protect my land, Palestine."

The following documents also pertain to Abdulqader's fundraising efforts:
And in a recorded January 2000 conversation about a fundraising trip, Mufid Abdulqader said, “After the late night prayer I did another fundraising and got $11,500…Cash, cash, counting cash.” He continues, “I milked them very good. What milking! A milking!”
   
  HLF's List of Overseas Speakers
HLF's list of overseas speakers contains a litany of individuals the U.S. government has tied to Hamas; in fact, FBI Special Agent Robert Miranda testified in court that over three dozen of those speakers were linked to Hamas.

For example, the U.S. government has identified Mohammed Siam as "one of the founders of Hamas." At a Muslim Arab Youth Association (MAYA) conference held in Los Angeles from December 30, 1994 to January 2, 1995, Siam was introduced as "Head of operations of Al Jihad Al Islamia in Gaza, the HAMAS military wing." (According to a FBI source, Shukri Abu Baker and Mohamed El-Mezain attended that conference.) Siam's participation in conference calls raising money for HLF can be seen here and here. In this speech, Siam recounts how people in Gaza have targeted Israeli soldiers by blowing up water jugs filled with gasoline. And here is Siam saying, "They will be victorious over the invaders, with the leave of God." Notably, Siam is related to HLF's Mufid Abdulqader.

This internal HLF report notes that 64 Islamic centers participated in a February 1996 conference call with Siam, and HLF raised $18,500.

This January 31, 1997 conference call included Siam, as well as Kamal al-Hilbawi, who identifies himself as "an official spokesman for the Muslim Brotherhood." (Significantly, CAIR Chairman Emeritus Omar Ahmad [a.k.a. Omar Yehya] discusses bringing al-Hilbawi to the U.S. for an IAP event in this undated intercepted conversation.) A flyer advertising that conference call was also entered into evidence.

According to the indictment, speakers like Siam and Hilbawi were "employed to inflame the audience and enhance fundraising. The HLF paid for the travel to the United States of several of these speakers and HAMAS officials, including current HAMAS leader Mahmoud Zahar and former HAMAS spokesperson Jamil Hammami." An HLF receipt showing a plane ticket for Hamami is here (see p.8).

Notably, this February 1996 HLF conference call featured a presentation by Qadi Hussein Ahmed, a Muslim Brotherhood leader and head of Pakistan's radical Islamist group Jamaat-e-Islami.

   
  HLF Distributions to the Families of Martyrs
A search of HLF's property turned up these records, which document financial transfers to the families of martyrs.

Another document found in an HLF search lists the names of martyrs.

In July 1993, Shukri Abu Baker wrote, “The truth is that although the Foundation supports the poor families, its effort is focused now on the relief of the afflicted families in Gaza and the families of the deported, the detainees, and the martyrs.”

In this August 1992 letter, HLF official Haitham Maghawri asks that his “honorable brother please nominate some names from the children of the martyrs and write a synopsis about the condition of each child, his level of cooperation and expression in case there is a simple dialogue in front of the audience.”

And, in this February 1996 letter, HLF official Abdel Rahman Odeh writes, “I send to you sponsorships for two orphans and a sponsorship for a family of a martyr.”
   
  Abdel Rahman Odeh Sponsors Hamas Bombmaker Yehya Ayyash's Child
HLF official Abdel Rahman Odeh personally sponsored the child of Hamas bombmaker Yehya Ayyash following his death.

DOJ also entered into evidence this letter from Odeh, referencing checks which were to be sent to the Ayyash family.

An article on a Hamas website notes that Ayyash "is credited with introducing the technique of Martyrdom Operations in the Palestinian War against Israeli-Zionist terrorism." The article adds that Ayyash, a master bomb maker, "manage[d] to train tens of Palestinians and he taught them how to make everything out of every simple materials." Moreover, a 1996 Time magazine article asserts that Ayyash built bombs that killed 35 Israelis and frequently selected the timing and location of attacks.

A document seized during a search of HLF's property
notes that Ayyash was “the brain that planned a series of martyrdom operations which resulted in the deaths of over one hundred Jews and injuring hundreds more.”

Notably, a search of Infocom turned up a 1993 
document signed by the wife of Hamas leader Abdel Aziz Rantisi stating that she received $4000.
   
  HLF: Priority to Those Wounded in the Intifada
During a May 2001 conference call, HLF’s Akram Mishal is asked about possible aid opportunities for “emergency cases”, particularly those afflicted by “natural illness.” He explains that “under the current circumstances, in the Intifada case, we give the priority to…the injured and those who are wounded…during the incidents.” He continues, “As for diseases…we do not support them based on the fact that we do not have budgets for them. Because most of our budget are designated for or earmarked for the injured of the Intifada or those who were shot during the Intifada. These, actually have the priority.”
   
  Zakat Committees - Ties to Hamas
A letter addressed to Shukri Abu Baker and seized from Ismail Elbarasse's home establishes the relationship (or lack thereof) between numerous Zakat Committees and Hamas. For example, according to the author, "all of" the Ramallah Zakat Committee is "ours." Similarly, assessing the Qalqilia Zakat Committee, the author states that "all of it is ours and it is guaranteed." And the Jenin Zakat Committee is "guaranteed." In contrast, referring to the Hebron Zakat Committeee, the author states "we have nobody in it." The author also declares that "we have nobody" on the Jerusalem Zakat Committee either.

And this letter, intercepted under a wiretap of Shukri Abu Baker's phone, identifies the person in charge of each committee.
   
  HLF and the Islamic Center of Gaza
When announcing the HLF indictment, then-Attorney General John Ashcroft revealed that "the Islamic Center of Gaza was established by HAMAS leader and founder Sheik Ahmed Yassin, and was used by him to coordinate and conduct HAMAS activities." Aschroft noted that "between April 1989 and October 1989, the Holy Land Foundation transferred approximately $725,000 to an account held by the Islamic Center of Gaza, located in Gaza."

In trial #2, the prosecution provided this summary chart detailing those transfers. Another document pertaining to OLF and the Islamic Center of Gaza was also entered into evidence. DOJ further tendered this document in which the Islamic Center of Gaza thanks HLF for its support and describes "the activities of the second camp at the Palestine Mosque.”

This summary document was also entered into evidence.

(In trial #1, these individuals transfers were entered into evidence: 
here, here, and here.)
   
  HLF and the Al-Salah Society
In August 2007, the U.S. Treasury Department named the Al-Salah Society a Specially Designated Global Terrorist (SDGT). According to Treasury, "the Al-Salah Society supported Hamas-affiliated combatants during the first Intifada and recruited and indoctrinated youth to support Hamas's activities. It also financed commercial stores, kindergartens, and the purchase of land for Hamas. One of the most senior Gaza-based Hamas leaders and founders, Ismail Abu Shanab, openly identified the Al-Salah Society as 'one of the three Islamic charities that form Hamas' welfare arm.'"

This letter from Ahmad Al-Kurd, head of the Al-Salah Society, thanks HLF for its assistance in helping "the children of the martyrs and the orphans." Treasury notes that Al-Kurd is "a recognized high-ranking Hamas leader in Gaza. Al-Kurd's affiliation with Hamas goes back over a decade. During the first Intifada, Al-Kurd served as a Hamas Shura Council member in Gaza. As of late 2003, Al-Kurd was allegedly the top Hamas leader in Deir Al-Balah, Gaza. Since mid-2005, he has served as the mayor of Deir Al-Balah, elected as a Hamas candidate."

DOJ also entered into evidence a series of communications between the Al-Salah Society and HLF, including a November 1994 report on an HLF-sponsored al-Adha feast and a letter stating, "We also attach for you a list containing the names of the martyrs who fell in the Gaza Sector following the Hebron Massacred [sic] on 2/52/49 AD [sic] for their sponsorship. You will receive detailed reports about the individual case of each person later from our end.”

Another set of communications were also entered into evidence. One letter thanks HLF and notes, "School backpacks were distributed to students orphans who study at al-Salah Charitable School for Children of Martyrs & Orphans as each student received a school backpack.”

And in this letter to CBS News, Kurd bashed the network for airing a report accusing HLF of “diverling [sic] money to teriorists [sic].” Kurd wrote, “We trust the Holy Land Foundation and we Know where the money goes, It goes to keep the Palestinian [sic] alive, Please stop your propaganda and correct your mistake.”

This summary document was also entered into evidence.

   
  HLF and the al-Razi Hospital
HLF made several transfers to the al-Razi hospital, which has been linked to Hamas.

(This report on the "Islamic Hospital" in Jenin details the affiliations of employees and the board of directors. Many are listed as "Islamist/brother.")
   
  HLF and the Islamic Society of Gaza
Between 1992 and 1996, HLF sent the Islamic Society of Gaza $80,750.

This document includes a recommendation from Hamas leader Ahmad Yasin, who writes, “I certify that the brothers who are in charge of the Islamic Society, Jabalia City branch, are benevolent people, working for the service of the Palestinian society in various fields, and that Doctor Mohamed Shihab is the representative of the Society and its administration.

In this compilation of communications between the Islamic Society of Gaza and HLF, the Islamic Society thanks HLF for “providing urgent assistance to…the children of the martyrs, the wounded, the injured, and the needy.”

In this letter, Ahmad Mohamed Bahr, Secretary General of the Islamic Society of Gaza, thanks HLF for its support in "providing urgent assistance to relief the children of the martyrs, the wounded, the injured, and the needy." This IAP report identifies Bahr as a Hamas leader in the Gaza Strip.(In trial #1, these two documents were entered into evidence.)

Another thank you letter was also entered into evidence.

In 1994, Bahr wrote CBS a scathing letter, blasting it for highlighting HLF's ties to terrorism; he alleged that "your attack against HLF is nothing but Israeli propagande" [sic] and requested that the network "apologize immediately." Another letter, with the same text, was sent to CBS on Islamic Society of Gaza letterhead. (In trial #2, a letter to CBS from the Society of Islamic Sciences and Culture was also entered into evidence.)

This summary document was also entered into evidence.

   
  HLF and the Islamic Relief Agency
The government of Israel closed the Islamic Relief Agency (IRA) on March 17, 1996. An FBI memo notes, "Based upon the search of the IRA offices on July 27, 1995, and November 8, 1995, the GOI determined that the IRA transferred funds to, among others, the families of HAMAS activists who carried out several terrorist attacks, including kidnaping [sic] and murder of civilians, policeman and soldiers. The beneficiaries of the funds also included families of prisoners, deportees and HAMAS activists killed during attacks. The IRA also transferred funds to families whose homes were demolished according to an administrative decree."

Further, "According to the records found, the money transfers to the families of HAMAS activists were separated from the lists of other beneficiaries. The IRA paid salaries to some ten HAMAS activists in the West Bank who have been imprisoned and/or deported in the past and are acting as the 'representatives' of the IRA in their area of residence."

Between 1991 and 1996, HLF sent the Islamic Relief Agency $1,430,811. Some of those transfers are evident here. (The above content is drawn from the library of exhibits from trial #1.)

In trial #2, DOJ introduced this project summary report and communications pertaining to the Islamic Relief Agency. These financial records, as well as these financial records, these financial records, and these financial records, were also entered into evidence.

In trial #2, a document was introduced into evidence in which Shukri Abu Baker directs $20,000 to the Islamic Relief Organization.

   
  HLF and the Al Aqsa Charitable Foundation
On May 29, 2003, the Treasury Department labeled the Al Aqsa International Foundation a Specially Designated Global Terrorist, revealing that "Al Aqsa is a critical part of Hamas' terrorist support infrastructure. Through its headquarters in Germany and branch offices in the Netherlands, Denmark, Belgium, Sweden, Pakistan, South Africa, Yemen and elsewhere, Al Aqsa funnels money collected for charitable purposes to Hamas terrorists." The official Treasury Department designation is here.

In this letter, addressed to the Al Aqsa Charitable Foundation, Hamas founder Ahmed Yassin writes that he "has considered establishing an exemplary school" where "education...will be free for children of martyrs and children of detainees, orphans, the poor, and the needy..." He then tells the Foundation that "there is a detailed study about the project, its architectural plans, cost lists and photos of the start of construction." Yassin requests the Foundation's mailing address in order to send that study.

(The below content is drawn from the library of exhibits from trial #1.)

In this letter from the Al Aqsa Charitable Organization-Holland to HLF official Akram Mishal, an Al Aqsa official provides "a copy of the addresses of the charitable organizations working for Palestine in Europe." Those organizations include identified Hamas-linked organizations, such as Interpal and C.B.S.P.
   
  HLF and the Islamic Relief Committee
The U.S. government describes the Islamic Relief Committee as "part of the HAMAS' social infrastructure in Israel and the Palestinian territories." These internal documents from the Islamic Relief Committee, which received funds from HLF, state: "You do not know how happy people become when they watch those Mujahideen and how proud they feel when they parade in their uniforms and weapons and the extent of their honor when they carry out their Jihadist operations against the Jews and their tentacles. It is a feeling that no taste or enjoy its flavor except the ones who live it. Jihad in Palestine is different from any Jihad; the meaning of killing a Jew for the liberation of Palestine cannot be compared to any Jihad on earth...about your brothers over there in our beloved Strip. They live now in permanent alert and cry out to you with their loudest voice: 'Be with us and live with us. Do not rest, and do not twinkle until you care about us and provide us with what helps us of funds and weapons. Weapons, weapons, our brothers." (The above paragraph is drawn from the library of exhibits from trial #1.)

In the second trial, DOJ introduced this summary of HLF's ties to the Islamic Relief Committee. Another summary document was also entered into evidence.

Also entered into evidence was a newspaper article describing a joint HLF-Islamic Relief Committee project, in May 1993, to assist those whose homes were destroyed by Israeli authorities in Gaza.

Financial records from the Islamic Relief Committee were entered into evidence as well: Financial records #1 and financial records #2 and financial records #3. These orphan sponsorship records were also placed on the record.

This summary document was also entered into evidence.

An entry for the Islamic Relief Committee (Dubai) was also listed in Abdelhaleem Ashqar's address book, photographed during a covert search of Ashqar's home.
   
  HLF and the Islamic University of Gaza
OLF wrote a $50,000 check to the Islamic University of Gaza.

A State Department the memo notes that "out of the list of eleven current board members...6 are known members of Hamas...Ten former members of the Board also held positions in the Palestinian government headed by Hamas that was installed after the 2006 PLC elections. They included Palestinian Authority Prime Minister Ismail Haniyeh, former Ministers of Interior, Health and Public Works. The University Council, led by University President Kamalain Shaath, is responsible for all academic and administrative issues. Of the 22 individuals serving on the Council, seven are members of Hamas. An additional eight are considered to be affiliated with Hamas, though not members." Moreover, "Sixteen IUG professors (twelve of whom are Hamas) were elected" to the PLC in the January 2006 election.

In 1994, faculty and students from the University wrote a letter to CBS News demanding a retraction or an apology after HLF was "smeared" by a report run by the network.
   
  HLF and the Islamic Charitable Association (a.k.a Islamic Charitable Society in Hebron)
Discussing the Islamic Charitable Society Hebron, the author of this letter seized in 2004 declares that "all of it is ours." In 2001, the FBI reported that Muhammad Ayad Muhammad Missaq, the organization's director/manager, was identified by Israeli authorities "as a senior HAMAS activist." Minutes from an Islamic Charitable Society Hebron meeting are revealing as they state, "We also call upon the Almighty to have mercy on our martyrs, to heal our wounded and release our detainees, and to crown this blessed efforts with liberation, victory and riddance from the occupation." This slide summarizes the organization's ties to Hamas. (The above paragraph is drawn from the library of exhibits from trial #1.)

In trial #2, DOJ entered into evidence these financial records and communications with HLF, as well as these financial records and these financial records. Between 1991 and 2001, HLF sent the Islamic Charitable Society Hebron $1,674,594.

DOJ also entered into evidence these communications between the Islamic Charitable Society Hebron and HLF.

press release on  the opening of an HLF-Islamic Charitable Society-sponsored children's library was made available. 

This summary document was also entered into evidence.

   
  HLF and the Bethlehem Zakat Committee/Bethlehem Orphans Society
According to this Hamas letter, "we have 7 out of 11" of the Bethlehem Zakat Committee. This slide offers more information on the Committee's affiliation with Hamas and documents HLF's significant financial support for the Committee (as well as for the Bethlehem Orphans Society). (The above paragraph is drawn from the library of exhibits from trial #1.)

In total, HLF sent $429,005 to the Bethlehem Orphan Care Society between 1991 and 2001.

In trial #2, DOJ entered into evidence these financial records and communications with HLF, as well as these financial records.

This summary document was also entered into evidence.
   
  HLF and the Jenin Zakat Committee
The HLF indictment identifies the Jenin Zakat Committee as a "Hamas controlled organization," while this FBI memo provides details on the Hamas ties of some of the organization's personnel. And, as noted above, this letter asserts that the Jenin Zakat Committee is "guaranteed." Moreover, this government slide provides additional evidence linking the Committee to Hamas. Finally, this report from "Fawaz" (likely Fawaz Hamad, the HLF representative in Jenin) to "Abu Ibrahim" (a.k.a. Mohamed El-Mezain) identifies the members of the Jenin Zakat Funds Committee. The involvement of deportee/"brother" Sheik Mohammad Fouad Abu Zeid and Abdullah Azzam's brother is particularly notable. (The above paragraph is drawn from the library of exhibits from trial #1.)

In total, HLF sent $554,500 to the Jenin Zakat Committee between 1991 and 2001.

During trial #2, the defense entered this document into evidence, which authorizes the Committee to build a hospital. And a communication about the hospital was also entered into evidence, as were these financial records. A handwritten letter about the Islamist leanings of hospital employees was tendered as well. (Fawaz Hamad was identified as the author of this letter in a document from trial #1.)

Other financial records were also entered into evidence. Jenin Zakat Committee bank accounts (#1 and #2) were entered as well.

And, in this document, the Jenin Zakat Committee expressed its "deepest thanks" to HLF.

This summary document was also entered into evidence.
   
  HLF and the Nablus Zakat Committee
The HLF indictment identifies the Nablus Zakat Committee as a "Hamas controlled organization." This FBI memo cites a 1997 Israeli government interview with "Mohammad Anati, HAMAS activist and former head of the HLFRD Jerusalem," in which Anati reported that the Nablus Zakat Committee "was headed by Dr. Abd Al Rahim Hanbali, a HAMAS activist." And this U.S. government slide lays out the Nablus Zakat Commitee's ties to Hamas.  (The above paragraph is drawn from the library of exhibits from trial #1.)

In total, HLF sent $475,715 to the Nablus Zakat Committee between 1991 and 2001.

In trial #2, DOJ entered into evidence a letter from the Nablus Zakat Committee, stating, “The Nablus Zakat Committee has received from your generous Foundation (500) school backpack[s]. Thanks be to God, we immediately distributed them to the needy students, orphans, and children of martyrs before the start of the school year and they necessary pictures were taken.

Another letter from the Committee, entered into evidence in the second trial, notes that it has distributed foot packages and Eid gifts to “poor families, orphans and children of martyrs.”

Another letter to HLF from the Committee, similarly entered into evidence in the second trial, states that “Your generous donation went toward the distribution of 1,6000 food packages to your brothers in the Jenin governate in Palestine to be distributed to the families of the martyrs, the wounded, [and] and the needy ones.”

And, in this proposal for a joint project with HLF, the Committee explains its focus: “sponsoring orphans, specifically children of the martyrs, about 2200 orphan[s].”

This series of photos of HLF-financed projects undertaken by the Nablus Zakat Committee was seized in a search of HLF. Senior Hamas leader Hamed al-Bitawi appears in one of the photos.

The Nablus Zakat Committee requested funding of a mosque project in this letter.

And, in this October 1994 letter to CBS News, a Committee representative assailed the network for airing a report accusing HLF of ties to terrorism: “Our charity organization condemns your attack on the Holy Land Foundation. Your attack will result in the loss of funds that we need to feed our orphans and needy families….Why attack the Holy Land Foundation when we, the people of Palestine respect them and now [sic] how important their work is. We demand that you apologize immediately.”

This summary document was also entered into evidence.
   
  HLF and the Ramallah Zakat Committee
According to this letter, "all of" the Ramallah Zakat Committee belongs to Hamas. And an FBI memo, citing Israeli information, identified a number of Ramallah Zakat Committee associates as "HAMAS activists." For example, Aqel Suliman Muhammad Rabia, the Committee's then- Director/Manager, had been jailed from December 1990-March 1992 "due to his involvement in HAMAS." This government slide provides more details on the Committee's ties to Hamas. (The above paragraph is drawn from the library of exhibits from trial #1.)

HLF sent the Ramallah Zakat Committee $494,252 between 1991 and 2001, much of which went through the Arab Bank.

In trial #2, prosecutors introduced a Palestinian Authority General Intelligence document that lays out the Ramallah Zakat Committee's ties to Hamas. Another Palestinian General Intelligence Service document notes that “officials and members of this committee are associated with Hamas movement and some of them are activists in the Movement.” In trial #2, this summary document was also entered into evidence. In the retrial, prosecutors further introduced these Ramallah Zakat Committee financial documents: document #1 and document #2 and document #3 and document #4.

Also entered into evidence was an HLF summary report on projects carried about by the Ramallah Zakat Committee.

And in this October 1994 letter to CBS News, a representative of the Committee bashed the network for airing a report accusing HLF of ties to terrorism: "your attack on the Holy Land Foundation is meant to cut off the humanitarian funds to the Palestinian people. Do you want us to remain economic slaves to the Israelis?...You are not attacking the HLF, you want the Palestinian people to die in silence !!!.”
   
  HLF and the Qalqilia Zakat Committee
The HLF indictment identifies the Qalqilia Zakat Committee as a "Hamas controlled organization." This conclusion echoes that of a letter to Shukri Abu Baker, referenced above, which concludes that the Qalqilia Zakat Committee "is ours and it is guaranteed." And this government slide documents the Committee's links to Hamas. Reflecting the Committee's orientation, a February 1997 letter to HLF authored by a Qalqilia Zakat Committee official reported that cash had been distributed to "needy families, families of martyrs and orphans." (The above paragraph is drawn from the library of exhibits from trial #1.)

In total, according to bank records, HLF sent $295,187 to the Qalqilia Zakat Committee.

In trial #2, DOJ entered into evidence these financial records and communications with HLF, other financial records, as well as this thank you note. Moreover, a document was entered into evidence that notes that "ten families of deportees" benefited from HLF's funds.

Qalqilia Zakat Committee bank account records (#1, #2, and #3) were offered too.

This summary document was also entered into evidence.
   
  HLF and the Tulkarem Zakat Committee
The HLF indictment labels the Tukarem Zakat Committee a "HAMAS controlled organization" and this slide provides further details on those ties. (The above paragraph is drawn from the library of exhibits from trial #1.)

HLF gave the Tulkarem Zakat Committee $366,585 between 1991 and 2001.

In the retrial, DOJ introduced these communications between HLF and the Tukarem Zakat Committee. Additional communications were also tendered.

And this Tulkarem Zakat Committee letter was seized in a search of HLF. Further, prosecutors entered this summary exhibit into evidence.

In the second trial, the defense also offered this registration document from the Palestinian National Authority.

Tulkarem Zakat Committee bank account records (#1 and #2) were entered as well, along with these financial records.

   
  Key Hamas Leaders in Pictures - Tulkarem Zakat Committee
   
  Key Hamas Leaders in Pictures - Nablus Zakat Committee
   
   Key Hamas Leaders in Pictures - Qalqilia Zakat Committee
   
  Key Hamas Leaders in Pictures - Jenin Zakat Committee
   
  Key Hamas Leaders in Pictures - Ramallah Zakat Committee
   
  Key Hamas Leaders in Pictures - Islamic Charitable Society of Hebron
   
  Key Hamas Leaders in Pictures - Islamic Science and Culture Society
This summary document was entered into evidence in trial #2, as was this project summary report and these financial records.

In total, between 1991 and 1996, HLF transferred $485,468 to the Islamic Science and Culture Society. This summary document was also entered into evidence.
   
  Key Hamas Leaders in Pictures - Bethlehem Orphan Care Society
This summary document was entered into evidence in trial #2.
   
  Hamas Institutions in Gaza in Pictures - Islamic Center of Gaza/Islamic Society of Gaza/Al Salah Society
This summary document was entered into evidence in trial #2.
   
  Key Hamas Leaders in Pictures - Islamic Center of Gaza (al-Mujamma' al-Islami)
This summary document was entered into evidence in trial #2, as were these communications with HLF. And, in this document seized in a search of HLF, al-Mujamma' al-Islami notes that one of its aims is “teaching the martyrs, jailed, needy sons free of charge trying to make up for them.”
   
  Key Hamas Leaders in Pictures - Islamic Society of Gaza (al-Jamiyah al-Islamiyah)
This summary document was entered into evidence in trial #2.
   
  Material Seized from the Tulkarem Zakat Committee
  • Moya'ed Mahmoud Iyadah Salah Eddin - This poster states, "With all pride and glory, the Islamic Resistance Movement (Hamas), Tulkarem Governate, eulogizes Its righteous son, the man of Quran and Creed, the heroic al-Qassami..." Eddin is identified as "the executor of the heroic martyrdom operation in Baqa al-Sharqiyya on Thursday 11/8/2001..."
  • Jamal Mansur/Jamal Salim/Salah Eddin Daruza - The bottom of the poster states, "Political Leaders of the Islamic Resistance Movement - Hamas. Nablus."
  • Yehya Ayyash - An article on a Hamas website notes that Ayyash "is credited with introducing the technique of Martyrdom Operations in the Palestinian War against Israeli-Zionist terrorism." The article adds that Ayyash, a master bomb maker, "manage[d] to train tens of Palestinians and he taught them how to make everything out of every simple materials." Moreover, a 1996 Time magazine article asserts that Ayyash built bombs that killed 35 Israelis and frequently selected the timing and location of attacks.
  • Mousa Abu MarzookThis poster states, “We are against the aggressor with you…So, beware lest you submit or get softer.”
  • Statement from Hamas' "Martial Wing" - This communiqué states that “Abdul Baset Mohamed Qasem Odeh (25) from the steadfast city of Tulkarem was able to bypass all the Zionist security measures – the highest in place—arriving at 7:25 Wednesday evening…3/27/2002…at the inside of the targeted hotel Park in the city of Um Khalid, the so-called city of 'Natanya'...exploding his pure body in the midst of a throng of Jewish settlers, the extortionists of our cities and our villages.”
  • Abdul Baset Mohamed Qasem OdehThis poster states, "“With all the glory, pride and triumph, the Islamic Resistance Movement Hamas – Tulkarem Announces the good new of the martyr hero Jerusalem’s Lion of Revenge…”
  • Al Qasami leader Imad Aqel; Child Mo’az Imad Aqelb - This poster states, "“In your memory Life is born from the men of death and martyrdom Stronger than all the pains of disappointment."
  • Hamas Poster - This poster states, "The Zionist Entity Will Definitely Disappear. The Jewish society will certainly be corrupted. We are not callers for death. But, if we are afflicted We are elevated To jump in the sea of death seeking life.”
  • Unidentified "Martyr" with Weapons
   
  Material Seized from the Nablus Zakat Committee
Moreover, this summary document was entered into evidence in trial #2.
 


  Material Seized from the Qalqilia Zakat Committee
This summary document was entered into evidence in trial #2.
   
  Material Seized from the Jenin Zakat Committee
  • Paper on Dealing with the Expected Withdrawal from the Sector – May 23, 2004 - This document states, "The attached is our proposed paper concerning the issue of the possible withdrawal from the Gaza Strip and the Movement’s position in that regard.”
  • Letter to Interpal - This document states, "We received your letter dated 11/27/2001 A.D. in which you mention that you have designated the sum of ($14000) for us to assist needy families, and the sum of ($7455) to support the Palestinian Product Project…” The Al-Aqsa Charitable Foundation - Germany/Belgium/Holland are referenced as well. . While the UK Charity Commission has refused to act against Interpal, the U.S. Treasury Department designated Interpal a Specially Designated Global Terrorist on August 22, 2003. That designation declared: "Reporting indicates that Interpal is the fundraising coordinator of HAMAS. This role is of the type that includes supervising activities of charities, developing new charities in targeted areas, instructing how funds should be transferred from one charity to another, and even determining public relations policy." The Israeli government labeled Interpal a terrorist organization in May 1997.
  • Ahmad Yasin - This poster states, "The Islamic Resistance Movement – Hamas announces the good news to the Arab and Muslim nation, and to our Palestinian people the death of the Founder and Mujahed, Sheik of Palestine Sheik Ahmad Yasin.”
  • Abdul Aziz Al Rantisi - This poster states, "The Islamic Resistance Movement ‘HAMAS’ Announces the good news of the death of its leader and one of its founders, the Mujahed martyr Dr. Abdul Aziz Al Rantisi.”
  • Mahmoud Ali Alhilwa - This poster states, "Leader of Martyr Ez Al Dean Al Qasam Phalanx In the Jenin Camp Who was martyred in the battle defending the Jenin Camp on 4/10/2002”
  • Letter - This letter reads, "We request that your eminence work on a project addressing Summer Centers and geared towards the brothers at the Palestinian Relief and Development Fund (Interpal), taking into consideration the following factors: 1) To Substitute the words Summer Centers with Training and Rehabilitation Centers 2) The activities of these Centers are to be limited to Scientific, Cultural and Athletic activities only. 3) Avoiding the raising banners or mantra with Islamic nature.”
Additionally, this summary document was entered into evidence in trial #2.
   
  Material Seized from the Islamic Charitable Society Hebron
  • Internal Hamas document - This document states that “work is underway to provide money to aspects relating to the martyrs and the detainees…”
  • "Have Mercy on our Martyrs" - This document states "may God reward you…for your Jihad and your effort. We ask Almighty God to keep you steadfast, to strengthen you, to you and protect you, and to protect the blessed Intifada of our people from all attempts to derail and abortion. We also call upon The Almighty to have mercy on our martyrs, to heal our wounded and to release our detainees, and to crown this blessed efforts with liberation, victory and riddance from the occupation.”
  • Hamas document - This document is a "Political Memorandum concerning [Illegible], the Western and U.S. Efforts to Abort the Intifada of our People and its resistance."
  • "A Call for Unity and Resistance" - This April 2001 document, authored by the Islamic block – Palestine Polytechnic University, states, “this popular conviction of the Palestinian People for choosing the resistance path proves anew the correct direction of the Jihadist course which is chose by the Islamic Resistance Movement (Hamas), relying on a solid foundation, in depth understanding [of] Political Islam, its thorough knowledge of the Zionist enemy, and its infliction upon the enemy heavy casualties.”
  • Hamas statement - This document states, "We extend to you our sincere greetings and thanks for your sincere efforts in serving the Dawa’ and consistently highlighting the bright visage of the City of Martyrs. We also submit to you our heartfelt greetings for your stand by us, the prisoners in the prisons of the grudging occupation, and your stand by our families and care for our children.”
  • Abdullah Azzam: "Defending Muslim Lands is the Most Important Among Individual Mandates"
  • Collection of Hamas Martyr Posters
  • Mousa Mohammed Salem Dudin/Abu Mohamed - This poster identifies Abu Mohamed as the "The Hawk of the Phalanx."
  • Rifa’at Khalil Abdel Rahman al-Ju’aba/Abu Khibab - This poster identifies Abu Khibab as a "martyr hero."
  • Yacoub Fathi Idkek - This poster identifies Idkek's date of martyrdom as December 17, 2001.
  • Martyrs of al-Aqsa and Palestine Intifada - Heros - This poster praises four individuals “who were martyred on the hands of the Zionist treachery the morning of Sunday, 9/1/2001 on the land of Bani Na’im.”
  • Hamas Poster - This poster states, "We will not speak, our actions will speak" and "Palestine Chechnya Abu Ja’far." It also includes the Hamas logo.
This summary document was entered into evidence in trial #2.
   
  The U.S. Agency for International Development's (USAID) Vetting of Palestinian Charities
The defense entered into evidence a USAID document summarizing the vetting of numerous Palestinian charities. Further, this memo from an individual working at the U.S. Embassy in Tel Aviv  noted that no derogatory information had been found on the Al-Razi Charitable Hospital “Zakat Fund Committee” Jenin. Other organizations are discussed in this U.S. Embassy memo, as well as another
U.S. Embassy memo.

And a USAID press release highlighted USAID aid to Jenin. (The defense also entered into evidence a USAID West Bank & Gaza document titled "Activities Related to Procurement.")

Notably, in December 2007, a USAID audit concluded that "USAID/West Bank and Gaza did not always follow applicable Federal laws, regulations, or USAID policies when providing assistance to" Al-Quds University, the Islamic University in Gaza, and American Near East Refugee Aid.
   
  HLF Donor Form: "Family of a Martyr"
Evaluating a family's need for assistance, this HLF document notes the following about the family in question: “As for the housing situation of the family, it is poor. The house needs many repairs and refurbishments, which the head of the household will undertake with the sums he received as aid for the family of a martyr.”

Another document about an HLF-sponsored child notes that the father's cause of death was "martyrdom."
   
  HLF Donor: Donation for the "Son of a Martyr from the Ramallah Region"
Abdel Rahman Odeh wrote to Akram Mishal to inform him about a $55 check “from Baher Hammad for an orphan sponsorship on condition that he is the son of a martyr from the Ramallah region.” Odeh adds, “please do the necessary as soon as possible and send the orphan’s picture to the sponsor.”
   
  HLF Donor: "A Small Money Transfer for My Mujahideen Brothers in Palestine"
This donor from Vancouver sent HLF $300 and wrote, "I am enclosing with this letter of mine a small money transfer for my Mujahideen brothers in Palestine, and I ask God to bless it for them and to help them, keep them steadfast and to support them with victory."
   
  HLF Donor: Thank You for "Supporting the Mujahideen in the Occupied Land"
A donor from New Jersey wrote Shukri Abu Baker and said "may God bless you and all the honorable brothers who perform the best of charitable deeds which is supporting the Mujahideen in the occupied lands."
   
  HLF Donor: A "Contribution to Support the Jihad in Palestine"
This donor from Vancouver sent OLF $9,873 and said that it was a "contribution to support the Jihad in Palestine." He noted that he was the "person in charge of the Fund in Canada" and requested media materials.
   
  HLF Donor: We are Donating "In Support of the Blessed Islamic Uprising in Palestine"
In this letter, Asthma R. AlSaieh writes to OLF: "You used to send me publications about Hamas' communiqus and about the activities of the Islamic Office, then you stopped. I presented to some of our brothers in God, my colleagues at work, the idea of supporting the Uprising, by God's grace it was accepted by them. We will send you an undetermined amount quarterly as much as they are able to give, and that is in support of the blessed Islamic Uprising in Palestine. I would like to inquire about Hamas' books by Ahmed Yousef, and also his book about Ahmed Yasin. I would like to obtain them. Please advise me of the cost with my thanks."

Shukri Abu Baker responds: "I received you letter issued August 10, 1411, which transmits your noble feelings and generous support in benefit of our steadfast people in occupied Palestine. As for the books you are inquiring about, we contacted the Islamic Association for Palestine which is the distributing party of statements, publications and books relating to the Palestinian cause, they promised us well."

Abu Baker adds, "It's important to me...to assure you that the Occupied Land Fund is your trustworthy organization to which the hearts of thousands of people of charity everywhere look up to, hoping and taking advantage of the historic opportunity to support the resistance of a nation and the jihad of a people."

   
  HLF Donor: "Crush the Hated Enemy" and "Destroy Israel"
In an exhibit suggesting that HLF donors were aware of the organization's alleged true mission, HLF donor "Sultan Mahmoud" wrote in November 1996, "enclosed is modest contribution [sic] for our people suffering from Jewish/Christian (Western) crimes. In's'allah; Both will be defeated/slaughtered and kicked out of Islamic lands. This is for relief supplies and weapons to crush the hated enemy." He continued, "we must destroy Israel." Despite Sultan Mahmoud ugly rhetoric, he remained on HLF's mailing list. Mahmoud's name is also evident on this document, as well as on this list of HLF donors.
   
  Shukri Abu Baker's Ode to Hamas
HLF official Shukri Abu Baker published this ode to Hamas, titled "Hayzum Hamas has Arrived," in IAP's Ila Filastine. The ode ends by asserting, "we will not accept any other than Hamas." An ad for OLF follows the piece.
   
  HLF Officials Praise a January 1995 Hamas Bombing as "a Beautiful Operation"
In this wiretapped conversation between HLF officials Mohamed El-Mezain and Abdel Rahman Odeh, Odeh calls El-Mezain on January 22, 1995 to inform him that "a beautiful operation just took place." Odeh tells Mezain that a Hamas suicide bombing in Beit Lid killed 18 Israeli soldiers and wounded 60.

IAP's Information Office provided a "special report about the heroic operation on the intersection of Beit Lod."

Then, on February 25, 1996, El-Mezain and Riyad Mustafa spoke briefly in the wake of two bus bombings carried out by Hamas.

   
  HLF's Efforts to Avoid Detection - Following Security Protocols and Sweeping for Bugs
A prosecution slide entered into evidence in trial #2 summarizes some of the events below.

Authorities seized a security manual from Infocom, the computer company run by HLF official Ghassan Elashi. That manual provided an array of suggestions such as "agreeing on a cover for the reason of the meeting," "avoiding having the meetings at the homes of those who are under watch," and "disconnecting the phone/fax during the meeting and not using the phone during meetings." The manual also advises that "handshaking and other forms of greetings are to take place after the doors are shut and guests have entered" and that "exposed individuals are not to contact unexposed individuals or vice versa from homes phones." Moreover, employees should encrypt calls, distribute those "calls by location and time," and agree "on a fixed cycle at which previous financial statements are destroyed."

This government slide gives an example of how HLF followed the directives outlined in the security manual, using the term "Samah," rather than Hamas, at the Philadelphia meeting.

Moreover, following the manual's suggestion that "advanced equipment" should be used for "conducting necessary maintenance measures for the foundation," HLF hired a security firm to sweep for bugs. In a July 29, 2000 memo, Shihan Hale, President and CEO of the Executive Protection Group, Inc., reported to HLF's Shukri Abu Baker that "the Basic RF Counter-Surveillance Sweep determined that certain aspects within the facility, and therefore the Foundation, have been under technical surveillance by unknown entities, for an undetermined period of time."

Hale adds, "you will note the Foundation has received a more than generous discount for the services rendered." Notably, Hale identifies himself as the Regional Director of Security for the Muslim American Society (MAS). A September 2004 Chicago Tribune article provides excellent background on MAS' ties to the Muslim Brotherhood. In that article, a senior MAS official admits that "Ikhwan [Brotherood] members founded MAS..." It is also worth highlighting that minutes from a Palestine Committee meeting introduced at the HLF trial state that "the role of MAS [is] to educate the brothers in all work centers, mosques, and organizations on the necessity of stopping any contacts with the Zionist organizations and the rejection of any future contacts."

Prosecutors also entered into evidence a transcript of a February 1999 recorded conversation between Mohamed Wafa and Ammar al-Jilani, captured during a wiretap of Shukri Abu Baker, in which Wafa said, “We are under scrutiny” and noted that he warned Abdel Jabbar that “the FBI is keeping an eye on us…”

And this prosecution slide summarizes Mousa Abu Marzook's order of security for HLF.

   
  Wiretaps: Abu Baker and Elashi Discuss a PR Campaign re: Hamas Funding Ban
In this March 1996 recorded conversation, Ghassan Elashi, Shukri Abu Baker, and Wijdan Abu Baker react to a Jerusalem Post article on IDF raids of the Holy Land Fund office in Jerusalem and the Islamic Relief Committee in Nazareth.

Shukri Abu Baker then states, “there is an article in the Christian Science Monitor saying that there is a possibility that within the next days the President may issue a presidential order cutting off the assistance to Palestine…but it could involve the Holy Land Foundation. So his opinion is that speed up the...PR, and…go to Washington… and hold a press conference there to refute [New York Senator Chuck] Schumer’s allegations, during which we need to talk about…about the Foundation and it’s [sic] work and such.”

Elashi later adds, “all I want is to do a press release…in the, the Press Room…we let somebody reserve it for us, through CAIR, they understand about these things, and prepare the press release, and our literature and the press release should be that we are…waging a national fundraising campaign…to counter the slavery of the Palestinians….and also we are here to deny the allegations…”
   
  Wiretaps: HLF Officials React to the 1996 Anti-Terrorism Bill
In this April 15, 1996 wiretapped recorded conversation, Shukri Abu Baker and Ghassan Elashi discuss the passage of the 1996 Anti-Terrorism Bill by the U.S. Congress.

Abu Baker asks, "do you have a version of the Terrorism Bill...,the new one." He notes that "It is gonna ban...fundraising by organizations linked to terrorism." Further, he states, "the law differentiates...the charitable and...let's say, military wings of any organization. Up to this point. But after this passes, it will be the same. IT doesn't matter if you're supporting charitable. It is the same as long as that organization is named a terrorist organization."

Ghassan Elashi asserts that "the Dallas Morning News is preparing the atmosphere." The men also talk about contacting elected officials (John Bryant) to plead their case.

In this April 19, 1996 recorded conversation, Shukri Abu Baker and Abdel Rahman Odeh discuss a Wall Street Journal article about an imminent ban on financial transfers to Hamas.

Then, in an April 23, 1996 recorded conversation, Abu Baker and Elashi blame AIPAC, the ADL, and Steve Emerson for designing the bill to support Jewish interests. Abu Baker says, "It is clear for whom it is designed. I mean, you can feel the language." Elashi comments, "I'm trying to formulate what is my answer back for these guys. I think it is not a legal battle...it is a political battle." Abu Baker then remarks, "Imagine a law is made in America which states that it is a felony or a crime to criticize Israel...Just like what happens in our countries: in the Islamic countries whoever curses the religion in the middle of the street, they put him in jail..." Elashi then suggests, "nobody should touch us and before they touch us, they should go and touch the...over 1,000 Jewish organizations...and find out what are those Jewish organizations doing and getting the money from America to Israel." In Abu Baker's opinion, "after they release the lists, it is gonna be clear, crystal clear that this is racism against the Palestinian people." (Note: A fuller version of this exhibit was entered into evidence in trial #1.)

And, on April 24, 1996, on the eve of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, Ghassan Elashi, Shukri Abu Baker, and Wijdan Abu Baker have a heated recorded conversation about the legislation. Elashi comments, “I’m going to be severely outspoken, I’m going to put my neck on the whole issue because this shouldn’t happen.”
   
  Wiretap: Abu Baker and El-Mezain React to Boim Civil Lawsuit
In December 2004, a federal magistrate judge found HLF civilly liable in the death of David Boim, a 17 year old American shot and killed by Hamas terrorists while waiting at a West Bank bus stop. In the $156 million judgment, the judge also held liable the Quranic Literacy Institute, the Islamic Association for Palestine, the American Muslim Society, the American Middle Eastern League for Palestine, the United Association for Studies and Research, Amjad Hinawi, and Mohammed Salah.

However, on December 28, 2007, the Seventh Circuit Court of Appeals ordered a retrial and stated, "the Boims will have to demonstrate an adequate causal link between the death of David Boim and the actions of HLF, Salah, and AMS. This will require evidence that the conduct of each defendant, be it direct involvement with or support of Hamas's terrorist activities or indirect support of Hamas or its affiliates, helped bring about the terrorist attack that ended David Boim's life...Absent such proof, those appellants will be entitled to judgment in their favor."

In the first trial, federal prosecutors entered into evidence the First Amended Complaint, as well as HLF's response.

When the original complaint was filed by Boim's attorneys, a U.S. government wiretap recorded a conversation between Shukri Abu Baker and Mohamed El-Mezain. During the conversation, the men discuss records kept in Arabic and English and the possibility some internal documents will become public. Abu Baker points out that "we approve the English one[s] only." He continues, "Do you see what I'm saying?" El-Mezain responds, "Yes." Abu Baker later adds, "Don't take anything lightly as there might be a name of something or a poor or a needy guy or something. You don't know."

   
  Shukri Abu Baker's Deposition in the Boim Civil Lawsuit
Shukri Abu Baker's full deposition in the lawsuit was entered into evidence in the first trial; however, in
the retrial, only excerpts were entered.
   
  Mohamed El-Mezain's Deposition in the Boim Civil Lawsuit
Mohamed El-Mezain's full deposition in the lawsuit was entered into evidence in the first trial; however, in the retrial, only excerpts were entered.
   
  Shukri Abu Baker Denies HLF Supported Hamas in a Sworn Declaration
In a sworn declaration filed in a lawsuit filed against John Ashcroft, HLF official Shukri Abu Baker wrote, "Neither I nor, to my knowledge, any of the founders of this charity have had any connection whatever to Hamas, or to any terrorist groups or to terrorism. I do not believe that suicide bombing is countenanced by the Islamic religion. I have always opposed radicalism. I have always been for dialog and for peace and I am firm in these convictions. I am confident that the other founders of the Holy Land Foundation feel the same way. Our objective was and has always been simply to alleviate suffering in Palestine and elsewhere." At the same time, Abu Baker acknowledged that he "cannot deny that HLF's policy of distributing charity to the needy without regard to politics, race or religion may have resulted in incidental support to a needy family that may have a member who has supported Hamas or may even have committed a terrorist act."
   
  Abu Baker and Elashi Discuss the Failed Brooklyn, NY Subway Attack
In this wiretapped August 1, 1997 conversation, Shukri Abu Baker calls Ghassan Elashi to inform him that three men suspected of ties with Hamas had been arrested for plotting an attack on a Brooklyn subway station. (Note: the Department of Justice, Office of Inspector General produced an investigative report examining how two plotters entered and stayed in the country.)

Ghassan replies, "I heard the news and I watched CNN and others. They said, don't jump to conclusions...I mean, Hamas will never do this." He adds, "It is Guiliani, the bastard, he is a bastard, a Zionist." In Elashi's eyes, Guiliani "wants to take this chance to introduce...a bill to tighten up security." Abu Baker chimes in, "there is something which indicate that the whole thing is fabrication..." What's more, Abu Baker notes, Hamas leader Abdul Aziz "Al Rantissi denied the operation." The two men also discuss the botched investigation of now-cleared Atlanta bombing suspect Richard Jewel, which they feel proves the fallibility of federal investigators. According to Elashi, "you see how they sometimes do...,in the labs they do this and that." Elashi further comments, "This guy, Jewel...Had he been a Middle-Eastern, I swear to God...he would have been finished."

   
  Elashi Responds to Dallas Morning News Op-Ed about Hamas and Marzook
In an August 1995 Op-Ed, The Dallas Morning News urged that Mousa Abu Marzook be "deported and permanently barred from the United States." It adds that the "FBI has noted in the past that cells of the Hamas organization are known to be operating even in North Texas."

Responding to the Op-Ed, which states, "the organization has openly stated its dedication to the destruction of Israel and the creation of an Islamic state in its place," Ghassan Elashi says during a wiretapped phone call with Shukri Abu Baker: "Yes, I want to establish an Islamic state in Palestine. Is this a crime?" He continues, "this article should be severely criticized as an indication of the Dallas Morning News...one point-of-view...if Hamas practiced terrorism, Israel practiced terrorism." He assesses, "there is no argument. This is a Steven Emerson article." Elashi adds, “I mean, this article should be severely criticized as in [sic] indication of the Dallas Morning News…one point-of-view. I mean, if…if Israel practiced…,if Hamas practiced terrorism, Israel practiced terrorism.”

   
  The Dallas Morning News Interviews Shukri Abu Baker
In an April 1, 1996 telephone interview, recorded by the U.S. government, HLF official Shukri Abu Baker tells a Dallas Morning News reporter, "I can speak for the Holy Land Foundation very comfortably...We have never raised [sighs] money for Hamas...We, we, we have never in any written communication used the word Hamas or in any oral communication in front an audience try to raise money for us."

When asked why Mousa Abu Marzook had his "home phone and the Holy Land L.A. number in his address book when he was...arrested at JFK," Abu Baker responded that it was likely one of "another thousand names" because Marzook is "charismatic" and a "philanthropist."

In this transcript of an intercepted April 3, 1996 conversation between Mohamed El-Mezain, Shukri Abu Baker, and Haitham Maghawri, Abu Baker recounts his interview with the reporter. He remarks, "I told her, 'I know what you want. You're following the theory that we have a conspiracy and that Hamas is hiding over here and there and that there are ties and connections.' I told her, 'All of that is bologna, all of that is nonsense and the Zionist propaganda.'"

   
  The Dallas Morning News Visits HLF-Gaza
In December 1999, Dallas Morning News reporter Steve McGonigle visited HLF's Gaza office, setting off a frenzy of concern amongst HLF officials.

In this intercepted conversation, Shukri Abu Baker is livid that McGonigle introduced himself as Abu Baker's friend, spitting, "Liar! He's my enemy." Abu Baker continues, "this journalist is a Zionist, meaning that...he is not a friend...he has been attacking the foundation here in Dallas...for four years." Abu Baker says, "he is trying to find any issue that may link the foundation with terrorism." In Abu Baker's eyes, McGonigle is "just like a snake" and "is part of a concentrated campaign...in America in cooperation with the Jewish lobby." To protect HLF from McGonigle's prying eyes, Abu Baker orders that HLF-Gaza personnel must not "take him...to any martyr's family. Don't take him to any martyr or prisoner."

In this intercepted conversation, Ghassan Elashi warns that McGonigle "will go to Jerusalem and he will ask the Israeli authorities and he will get confirmed reports from them. He will come back and publish the order and he will write his opinion."

In this intercepted conversation, it is noted that when McGonigle interviewed Hamas leader Ahmed Yassin, Yassin “played a little dumb” and said “What is this Holy Land Foundation? I do not know anything about it. Where is it?”

In this intercepted conversation, Ghassan Elashi, Haitham Maghawri, and Shukri Abu Baker discuss how HLF's relationship with its overseas offices should be presented. Moreover, Shurki worries that HLF representative Fawaz Hammad may struggle to explain his 20 months in detention.

The following documents were entered into evidence in trial #1: HLF-Gaza provided this summary of McGonigle's visit, which resulted in this Dallas Morning News article.

   
  HLF Officials Pose as Infocom Employees
In 1996, HLF officials Shukri Abu-Baker and Akram Mishal posed as Infocom employees when applying for Saudi visas. In this letter to the Saudi Embassy, seized during a search of Infocom, Mishal is identified as Infocom's International Sales Manager.

(Abu-Baker's visa application is here, while Mishal's is here.)

And an August 1990 letter to Mohamed El-Mezain on International Computer & Communications (Infocom) letterhead was also entered into evidence in trial #2.
   
  HLF's Proximity to Infocom
This map is intended to show the proximity of the headquarters of HLF and Infocom.
   
  IT Services Contract Agreement: Infocom/HLF
This contract outlines the IT services Infocom will provide HLF.
   
  HLF Officials Discuss Fundraising in Saudi Arabia
In this June 2001 recorded conversation between Wijdan Abu Baker, Shukri Abu Baker, Ramzi Abu Baker, and Akram Mishal, a potential fundraising trip to Saudi Arabia is discussed. Shukri states, "I am not really enthusiastic about traveling." He continues, "when it has to do with Palestine, they hesitate a lot because they have their own...committee and organizations...and they participate in the project of one hundred and one [days]."

Interestingly, writing on this HLF donor form states "willing to open office in Saudi."
   
  HLF Officials Discuss Structuring Financial Transactions
In this February 1995 recorded conversation between Mohamed El-Mezain and Abdel Rahman Odeh, the men discuss structuring transaction to avoid the regulatory scrutiny that comes with depositing over $10,000. Odeh asks, “do you normally deposit 10,000 and over in the bank or do you always make it in installments?” El-Mezain responds, “No, less.” Odeh notes, “It is good that I asked you. I didn’t want to deposit before I ask you because I know that 10 would cause us a problem and stuff like that.”
   
  El-Mezain: "The Work Continues"
In this October 1994 recorded conversation between Mohamed El-Mezain and Abdelhaleem Ashqar,  Ashqar reports that “Rabin and his government are shutting down even the charitable organizations…” El-Mezain replies, “They still threaten and making noise and stuff. I said, ‘My man, it is Ok. The name changes and the work continues as it. And if it did not come through point ‘A’, it will come through point ‘B’. And God knows all secrets’.”
   
  Ashqar Provides El-Mezain w/ Bank Account Numbers
In this document, photographed during a covert search of Abdelhaleem Ashqar's home, Ashqar provides Mohamed El-Mezain (a.k.a. Abu Ibrahim) with bank account numbers for the Islamic Complex in Gaza, Al-Islah Society in Gaza, the Islamic University, and the Committee of the Islamic Sciences & Culture, Jerusalem.
   
  Banks Doing Business with Hamas Front Groups
This Palestine and Lebanon Relief Fund (Interpal) document provides a list of banks handling the accounts of various Hamas-linked organizations, such as the Tulkarem Zakat Committee and the Nablus Zakat Committee.
   
  HLF Charitable Activities - Domestic
During the 1993 Philadelphia meeting, Shukri Abu Baker admitted that "we give the Islamists $100,000 and we give others 5,000...We should never ever be agents of others but we should maintain a balance...The Foundation must stay on its legal track as far as charitable projects are concerned without going after a sentiment which could harm the Foundation legally..."

Four years earlier, following the bombing of the Murrah Federal Building in Oklahoma City, HLF was active in responding to the tragedy (see above). Significantly, prosecutors introduced a wiretapped conversation between Mohamed El-Mezain and Abdel Rahman Odeh, in which Odeh suggests that the Oklahoma City tragedy provides "a good opportunity...for us to be highlighted...that we do something in America." Odeh adds that HLF should provide aid "if we can benefit from the matter" because "We are an American organization and we're supposed to...not only send stuff over there but help over here as well."

   
  HLF Charitable Activities - Overseas
Notably, Akram Mishal instructs the recipient of this fax, identified as Kamal al-Tamimi (Regional Director - Palestine), “to form teams or committees to visit the afflicted and the wounded in the hospitals or in their homes and to offer assistance, while taking pictures of them during the visit.” It is essential to also “form a rescue unit made up of the foundation’s volunteers (dressed in shirts bearing the foundation’s name or logo in cooperation with some of the specialized institutions in this field or with some of the official institutions”
   
  Miscellaneous HLF-Related Exhibits
   
  HLF's Day-to-Day Operations
Exhibits capture the mundane nature of much of HLF's work.
   
  Infocom Financial Records
   
  Abdelhaleem Ashqar's Address Book
During a covert search of Abdelhaleem Ashqar's residence, authorities photographed his address book.

This address book excerpt was also entered into evidence, as was this excerpt.
   
  Fatwa: "Support Every Effort that Stops Kufr...and Reestablishes the Islamic State"
This fatwa, issued by Akeel Al-Nashmi of the University of Kuwait and supported by Yousef al-Qaradawi (who helped HLF raise funds), states, "we believe that the meaning of the 'In the Path of Allah' includes supporting Islamic da'wa and making the Word of Allah (high) prevail. This is strongly supported it is a general term that includes Jihad with arms to fight the enemies which is more important than other things."

It continues, "there is no doubt that working to restore Islamic life and to reestablish the Islamic State is a tremendous task and a duty on everyone to the best of his/her abilities and if the first opinion or meaning of the term 'In the Path of Allah' is applied to today's situation, it would then mean 'TO SUPPORT EVERY EFFORT THAT STOPS KUFR AND ITS REGIMES AND REESTABLISHES THE ISLAMIC STATE.'"

Thus, "it is...allowed to pay Zakat to those parties, groups, and Islamic societies in the west, for example, because they aspire to restore Islamic life, erase Kufr regimes, and replace them with the Sharia' of Allah...Zakat will be paid to every action that could be considered as a means to reach the goal..."

(This document was seized during a search of HLF's property.)

   
  Jamal Hamami and the U.S. Government
The HLF defense entered into evidence a document showing that Jamal Hamami was frequently invited to speak in the U.S. by the U.S. Information Agency and other entities.

A 1995 fax from the IAP Information Office identified Hamami as a Hamas leader. Further, he has been named in U.S. government court filings as "part of...Hamas' social infrastructure in Israel and the Palestinian territories."

In trial #2, an OLF-linked travel receipt for Hamami from 1990 was entered into evidence. And "Sheik Jamal" is repeatedly referenced in this February 1995 intercepted conversation between Mohammed El-Mezain and Shukri Abu Baker. A February 1995 intercepted conversation between Mohammed El-Mezain and Hamami was made available as well.

And in this April 1996 recorded conversation, Shukri Abu Baker and Abdel Rahman Odeh discuss Hamami's arrest.

Hamami's name was also listed in Abdelhaleem Ashqar's address book, photographed during a covert search of Ashqar's home. Hamami's name also appears on a document, titled "Suggested Names to Interview to Conduct the Study," seized during a search of Ismail Elbarasse's residence. (Ismail Haniyah is also listed.)
   
  Fawaz Mushtaha's House - In Pictures Mushtaha was a member of the U.S. Muslim Brotherhood's Palestine Committee and an Islamic Association for Palestine board member. The individual to whom he sold his Falls Church, Virginia house, Marcial Peredo, testified that he unearthed over 30 buried tapes while working in the backyard.

Mustaha also ran Light Star Travel, a Virginia travel agency that, according to this defense exhibit, booked a trip for the Al Nojoum band. 
   
  Report on Visit to "Occupied Palestine" - May-June 1991
This document, whose author is not identified, details a trip to "occupied Palestine" from May 17 - June 4, 1991. Among other topics, the report details "the situation of the Hamas Movement," "the situation of the Dawa'a work in the '48 territories," and "the general situation in the Bank and the Sector."

(This document was photographed by authorities during a covert search of Abdelhaleem Ashqar's residence.)
   
  Hamas: "Meeting with the Iranian Administration"
This internal Hamas memorandum, titled "Meeting with the Iranian Administration", lays out the meeting agenda, and provides: a “summary of the meetings which took place with the Iranians so far”, an assessment of Hamas’ relationship with Iran, and “useful information regarding the relationship with Iran.”

(This document was photographed by authorities during a covert search of Abdelhaleem Ashqar's residence.)
   
  Hamas Warns Sen. Hatch: "Wave of Outrage" if Marzook is Not Released
Shortly after U.S. officials detained Mousa Abu Marzook on an Israeli arrest warrant in July 1995, Hamas spokesman Ibrahim Ghousbeh sent a fax to Senator Orrin Hatch warning him that "The continued detention or the handing over of Dr. Abu Marzuq to the Israelis will provoke a wave of outrage against the United States in various parts of the Arab and Muslim world. Serious repercussions could ensue as a result." He continued, "We hope that you will kindly consider intervening with the U.S. authorities and urge popular and official circles in the United States to support the campaign for the immediate release of Dr. Abu Marzuq..."
   
 
Qaradawi Pictured with Hezbollah and Hamas Leaders
In this picture, Muslim Brotherhood leader Yousef al-Qaradawi is pictured beside Hezbollah's Sheikh Hassan Nasrallah and Hamas' Khaled Mishal.
   
  Matt Levitt - "Undercutting a Culture of Militancy: Designating Hamas Charities" The HLF defense entered into evidence this Washington Institute PolicyWatch briefing by Matt Levitt, who testified as an expert witness for the prosecution.

According to his biography, Levitt is a senior fellow and director of The Washington Institute's Stein Program on Counterterrorism and Intelligence. He is also a professorial lecturer in International Relations and Strategic Studies at Johns Hopkins University's Paul H. Nitze School of Advanced International Studies (SAIS). From 2005 to early 2007, he served as deputy assistant secretary for intelligence and analysis at the U.S. Department of the Treasury."



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