Appeals Court Holds Closed Door Proceedings in Challenge to NAIT Listing as Unindicted Co-conspirator

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September 14, 2010

On Sept 1, 2010, the North American Islamic Trust’s (NAIT) appeal challenging their inclusion on a federal prosecutor’s list of unindicted co-conspirators in a criminal case alleging illegal support for Hamas was held behind closed doors. NAIT is appealing a July 2009 ruling that rejected their request to be removed from the list of 246 unindicted co-conspirators in the Holy Land Foundation (HLF) trial.  Prosecutors published the list in 2007, in an apparent violation of Department of Justice procedures, and the groups complained they have no means of clearing their names. 

Did you see:

June 28, 2008: ACLU Challenges Two Organizations Labeled "Unindicted Co-Conspirators"

Politico: Secret showdown set for Islamic charity (Aug. 30, 2010)

According to prosecutors, the inclusion of NAIT, along with other groups such as the Council on American-Islamic Relations (CAIR), and the Islamic Society of North America (ISNA) on the list was justified because of alleged evidence linking the groups to Hamas. Representatives of all three groups denied connections to terrorism, and are not facing any criminal charges.

According to Politico, Judge Jorge Solis of the the United States District Court for the Northern District of Texas issued a secret ruling in 2009 that “criticized prosecutors for publicly filing the co-conspirators list” but rejected their request to be removed from the list. “The judge acknowledged the way the whole thing was handled by the prosecutors was not appropriate. On the other hand, he did not really go ahead and reverse the decisions,” said a source familiar with the proceedings.