Daniel Pipes: CAIR Named "Unindicted Co-Conspirators"

From DanielPipes.org:

June 4, 2007 update: Federal prosecutors have named CAIR and two other Islamic organizations, the Islamic Society of North America and the North American Islamic Trust, as "unindicted co-conspirators" in a criminal conspiracy to support Hamas, a designated terrorist group.

In a filing last week, prosecutors described CAIR as a present or past member of "the U.S. Muslim Brotherhood's Palestine Committee and/or its organizations." They listed ISNA and NAIT as "entities who are and/or were members of the U.S. Muslim Brotherhood." Josh Gerstein of The New York Sun reports that spokesmen for CAIR did not respond to requests for comment.

This development occurred in connection with the trial, scheduled to start on July 16 in Dallas, of five officials (Shukri Abu-Baker, Mohammad El-Mezain, Ghassan Elashi, Mufid Abdulqader, and Abdulraham Odeh) of the now-defunct Holy Land Foundation for Relief and Development, accused of sending funds to Hamas. This court filing listed some 300 individuals or organizations as co-conspirators.

What is an unindicted co-conspirator? Someone by and about whom hearsay is permissible in the courtroom. Here is a definition by legal journalist Stuart Taylor, discussing an entirely unrelated case:

The prosecutor is saying in essence in court … that we believe this man was part of the criminal conspiracy, along with the people who are on trial. We haven't indicted him but the relevance of that for the purposes of the trial is that [it] lets them get in more evidence about the unindicted co-conspirator's … out-of-court statements than they otherwise could. It's a way around the hearsay rule. … For example, if they want … one of their witnesses, to talk about what [a person] said to him, ordinarily that would be barred by the so-called hearsay rule. You can't … testify in a trial about what somebody else said out of court. That rule has a lot of exceptions. One of the exceptions is if the person who you're trying to quote … is named by the prosecution as an unindicted co-conspirator, then you can talk about what he said out of court.

Substitute "organization" for "man" and "person" and this description applies to the situation of CAIR, ISNA, and NAIT.

Comments: (1) CAIR being named as an unindicted co-conspirator complements the fact that many of its staff and associates are associated with terrorism, as I have documented in this entry.

(2) It is only logical that CAIR, whose origins lie in the Islamic Association for Palestine, which was founded by Hamas, be legally investigated in connection with Hamas.

(3) This may be the first time since 1994 that the press could not find a CAIR spokesman for a comment.

(4) If it turns out that there is substance to the CAIR-HLF connection, then CAIR will be caught out by the changed political and legal environment since 9/11. Put simply, Islamists can no longer get away with they could before then. (I elaborated this in a different context at "Nike and 9/11.")

(5) Whatever the future brings, this designation will hang as a permanent albatross around CAIR's collective neck.