Judge Rules in Favor of Hamas/al-Qaeda-Related Charity

Judge stops terror probe of Ohio charity

October 26, 2009

COLUMBUS, Ohio (AP) — The U.S. government must halt its investigation into whether a charity should be deemed a terrorist organization, a judge ruled Monday.

KindHearts for Charitable Humanitarian Development cannot be labeled a "specially designated global terrorist" pending further action by U.S. District Judge James Carr in Toledo, Ohio.

Carr in August ruled that the government violated the Constitution by secretly freezing the charity's assets in 2006. The charity had asked him to halt the investigation pending further action regarding the August ruling.

Treasury officials said KindHearts was connected with the Hamas-affiliated Holy Land Foundation and the al-Qaeda-affiliated Global Relief Foundation. KindHearts leaders have denied being connected to any terrorist group and say the group is a nonprofit charitable organization that administers humanitarian aid to the world's poor.

In his Monday ruling, the judge said the government's actions could cause KindHearts to lose its attorneys and harm its reputation.

"Defendants are requiring KindHearts to respond to allegations that I have found constitutionally lacking," Carr wrote. "This ... has severely prejudiced KindHearts' ability to respond especially in light of defendants' arbitrary and capricious denial of KindHearts' requests to pay attorneys fees with its own blocked resources.

"To analogize, KindHearts not only is blindfolded, but also has its hands tied behind its back," the judge wrote.

KindHearts has asked the judge to alter the process by which the government designates groups terrorist organizations and allow it to use its funds to pay legal fees, said Alan Kabat, a Washington attorney representing the charity.

"We're very pleased with the court's ruling," he said. "The effect is to postpone any designation until the judge has ruled on the remedy for any violations that have already occurred."
Both sides are to present written arguments to the judge by Jan. 11.

In his August ruling, Carr said the government has an obligation to tell an organization why it is freezing its assets and give it a chance to respond.

The government had argued that the judge did not have the authority to issue an order stopping the investigation.

Dean Boyd, a U.S. Department of Justice spokesman, said the government is reviewing the ruling and had no immediate comment late Monday.

Source: AP
James Carr
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