Respected Brothers and Sisters:
Alsalam Aalaikum
Below, you’ll see the latest developments in my trial that has been going on since October 12th, 2006 and expected to continue until the mid to late January 2007. However, I’d like draw your attention to the followings:
1. My legal team is composed of Mr. William Moffit as the leading attorney, Mr. Keith Spielfogel as the local counsel and Professor Andrea Lyons.
2. Many Brothers have been asking me about the implications of dropping one charge against the co-defendant Mr. Mohammed Salah in the case “the material supportâ€. Unfortunately, it has no real impact since that charge is part of count one “RICOâ€. The rest of the charges are still there.
The latest developments that took place in the court were as follows:
Month Two, Week Two
Monday 11/20
9:20 Am. The Government published some phone and Faxes from September & December 1993.
The government published some parts of the co-defendant Mohammed Salah alleged confession.
9:55 AM The Government presented Mr. John Michael-Password Program Manager at the State department about an alleged co-conspirator to Mr. Salah, Mr. Anwar Hamdan, whom the State Department issued 14 passports since 1982. Mr. Deutch- Mr. Salah’s defense attorney crossed the witness and showed no criminal charges were ever charged against Mr. Hamdan and the State department never refused to issue a passport for him.
11:10 AM, the government presented Mr. John McBride-assistant Director of Investigation at OFAC-Office of Foreign asset Control at the Treasury department. He talked about the criteria that the administration relied on in designating Hamas as a terrorist organization in 1995. However, he admitted that there was nothing illegal in supporting Hamas before 1995. Also, he asserted that neither me nor Al-Aqsa Educational fund was ever been designated on the terrorist list.
2:30 -3:00 Mr. Paul Matulick from Senator Orin Hatch testified about a letter that his office received in July 1995 requesting Mr. Hatch’s intervention to release Dr. Abo Marzook from US Jail. In his testimony, the government tried to prove that Dr. Abo Marzook was the head of Hamas Political Bureau and the letter includes an implicit threat.
3:05 the government published some phone calls and faxes that go back to 1993
Month Two, Week Two
Tuesday 11/21
9:20 The Government introduced Mr. Steve Chaneson-a former assistant US attorney at Northern District of Illinois. Basically, his testimony was about the Grand Jury that was established by the US attorney’s office in Northern district of Illinois in 1996-2000 to investigate Hamas in general. He elaborated about the refusal of Mr. Sherif olwan to testify despite the immunity granted to him. Mr. Olwan had to go to jail in Civil and Criminal contempt. In Direct and Cross, he had to admit that no indictment was issued despite: a. what the government needs is probable cause only to issue the indictment. B. The government had all the evidences at that time that the government used in 2004 to issue the indictments against me and Mr. Salah. The only thing changed in the Government was Ashcroft became the attorney general. Furthermore, the immunity does not protect the individual overseas, in particular in Israel .
The Government published some documents from the alleged Mr. Salah’s confession under torture and Mr. Olwan’s transcripts in front of the Grand jury in 199 & 2000.
11:35. Ms. Pritalie FBI special agent published some documents from the search documents that the Government seized during a warrant less search. In the cross by the local counsel Mr. Spielfogel, She admitted that every thing goes back to before Hamas was designated and nothing in the documents about violence.
3:50 Ms. Carole Weiber, a court reporter testified about the authenticity of the transcripts during my appearance in front of the Grand Jury in June 25th, 2003. Then, the government published the transcripts to show that I refused to testify despite the immunity.
The rest of the week was off due to the Thanksgiving Holiday.
Month Two, Week three
Monday & Tuesday 11/27-11/28, 2006 were off due to the death of one of the Juror’s relative.
Wednesday 11/29/2006
9:30 AM-11:30AM. Judge keneath Karaas- a federal judge in southern district of New York and a former prosecutor in 1998 in the same district. He testified about the 1998 subpoena requesting my testimony in front of the Grand jury sitting in the Southern district of New York, the immunity that was granted to me, the scope of investigation and my incarceration. It is worth noting that no indictment was issued as a result of that grand jury 1996-2000.
11:30 the Government published the transcripts of the Grand Jury that was sitting in the Southern District of new York and three phone calls.
1:45 PM Mr. Joseph Hummel-Director of Investigation at NFL and a former FBI special Agent testified about the personal search of Dr. Mousa Abo Marzook in 1995 at JFK. Then, he testified about the phone book that he found in the belongings of Dr. Mousa and my name was in that book.
2:30 Mr. David Bray- FBI Supervisory special agent testified about the investigation that led to the indictments in 2004. Also, he testified about my refusal to testify in front of the Grand jury sitting in the Northern District of Illinois in 2003 and my incarceration at MCC in Chicago . It is worth noting that no one was allowed to talk any thing about my six months hunger strike in 1998 and the two months hunger strike in 2003.
2:55 Mr. Connolley FBI special agent testified about the search of Mr. Mohammed Shorbagi’s residence in Rome Georgia- a witness star for the Government.
3:45 Ms. Nazareth Humani- a translator testified about the authenticity of translating the documents seized from Mr. Al-Shorbagi’s residence.
3:55 Mr. Bradley Benapides-the case agent published some of the search documents
4:15-5:00 and on Thursday 11/30 10:00 4:00
Mohammed Al-Shorbagi a star witness testified on behalf of the Government. His testimony can be summarized in the followings:
· FBI was investigating him for Fraud and Embezzlement in March, 2006.
· He confessed to stealing $ 240,000 from his employer over 5 years
· He told the FBI that he was a representative for Islamic Association for Palestine (IAP) and Holy Land Foundation (HLF) in Houston Texas from 1987-2001 and in Rome , Georgia .
· He was distributing Hamas leaflets, charter, organizing lectures about the Intifada and raising fund for the HLF
· He attended Muslim Arab Youth Association (MAYA) annual convention in Oklahoma City and added Hamas organized a private meeting for 100-150. Mousa Abo Marzook attended that meeting and urged attendees to support Hamas
· In 1994, he attended MAYA annual convention in Chicago and testified that Hamas organized a private meeting for Hamas members that were attended by 100-150. Also, he added that Mr. Khaled Meshal and Dr. Abou Marzook were in that meeting.
· He testified that he was channeling money to Hamas from 1987 until 2004
· Finally, he testified that he witnessed me selling a book called the destruction of Israel and another one about the life of Sh. Ahmad Yassin
Mr. Bill Moffit-the leading attorney cross examined him and had him confess in the stand that he lied to FBI many times but never been charged with perjury; stole money from his employer but never been charged with embezzlement; committed a felony but the government did not deport him despite the fact that he is not an American citizen and the government will help him reside legally in the US; provided material support to Hamas but never been arrested and charged with RICO; confessed to providing material support to Hamas since 1987 but never been charged with any thing before Hamas was designated by the treasury department in 1997. In conclusion, Mr. Moffit discredited him and portrayed him as some one is saying anything to please the government.
4:10 Mr. Robert Siebel-a former consul at the American Consulate in Jerusalem testified a visit to Mr. Salah at Israeli Jail in Ramallah, West Bank in March 1993.
Friday, Monday, Tuesday and Wednesday 12/1, 12/4, 12/5 & 12/6 the court was off
Thursday 12/7/06
9:55. Mr. Steven Landes-the attorney for Boim family testified about the civil case. He elaborated about the responses of Mr. Salah and the purpose of the litigation. Boim case was filed in the Northern District of Illinois seeking 100 million dollar from Dr. Mousa Abo Marzook, Quranic Institute, IAP, AMEL, AMS, Mohammed Salah, USAR, HLF and John Doe 99. The 17 years old son of Boim family was killed in the occupied territories in May, 1996.
The Government published the alleged handwritten confession of Mohammed Salah
Friday 12/8/06
9:15. publishing the rest of the alleged handwritten confession of Mohammed Salah.
9:55 Mr. Richard Lyos-senior immigration & Customs officer testified about the two times Mr. Salah left the US in 1980’s & 1990’s.
10:35 Mr. Siebel-The former Consul continued his testimony about the visit he made to Mr. Salah in Israeli jail in March, 1993.
12:00. publishing some of my phone calls
2:10-2:30 publishing an article written by Judith Miller in NY Times in 1993 about Hamas in the US
2:35 Mr. Moriarty, FBI financial analysis testified about the alleged financial dealings of Hamas in the US from 1989-1993.
Month two, week four
Monday 12/11 no court
Tuesday 12/12
9:30 The testimony of Mr. Moriarty, FBI financial analyst continued. In the cross examination, he testified all dealings took place before the designation and no evidence whatsoever to show any money ever used to support violence.
12: Ms. Jilie Pritalie FBI special agent published some search documents
1:50 Ms. Awendar FBI special agent testified about the number of phone calls made from different phone numbers attributed to me from 1992-19993.
2:20 Ms. Jeniffer Sydnor FBI Intelligence Analyst testified about the phone calls, also.
4:30 The Government rests its case
Wednesday, Thursday, Friday 12/13, 12/14 & 12/15 No Court
Then the defense will start presenting its defense on Monday 12/18. The Defense will call Dr. Khaled Hroub from London , Dr. Norman Finkelstein as Expert witnesses on Middle East . Also, some FBI and US attorney officials from the State of Mississippi were subpoenaed to testify. These officials interviewed me in early and mid 1990’s. Also, two officials from the University of Mississippi were subpoenaed to testify, too. Finally, the defense will call some Human Right observers and attorneys to testify about violations of Human right by the Israelis. The entire case is expected to last through the end of January 2007.
I urge every one who can make it to show up in the federal court in Chicago
219 Dearborn Street
Room 1241