Two Palestinians found not guilty in US Hamas financing trial
AFP
Date: 02-01-07
by Mira Oberman
CHICAGO (AFP) - A US jury found two Palestinian men not guilty of racketeering conspiracy charges in a Hamas financing case once hailed by the US administration as a major victory in the "war on terror."
The jury did however find both men guilty of less serious charges of obstruction of justice.
The three-month trial, which evolved into a debate on the legitimacy of the Islamist movement Hamas and the alleged use of torture by Israeli security forces, had been closely watched by Chicago's Palestinian and Jewish communities.
Dozens of spectators, who had rushed to the courtroom on short notice, burst into cheers and applause when the not guilty verdict was returned against naturalized US citizen Muhammad Salah, a grocer, and former Washington-based university professor Abdelhaleem Ashqar.
The crowd gasped though when the guilty verdicts were read out on the lesser charges for which the two men could face several years in prison.
Prosecutors had argued that both men were top officials in the militant wing of Hamas, which currently heads the Palestinian government but is still designated as a terrorist organization by the United States.
Salah was accused of being a "bag man" who shuttled funds for guns and other terrorist activities, while Ashqar was accused of being the group's secretary and communications go-between.
As Salah exited the courthouse he carried his eight-year old son, Ibrahim, on his shoulders and the flash of cameras shone off the glasses resting on his forehead.
"We are good people. We are not terrorists," he told reporters, before thanking the Palestinian and Muslim communities who had supported him.
"I hope God will help me make a living and put food on the table. It's not easy to go without work since 1993."
Salah's assets were seized and he faced heavy restrictions while under investigation by the US government. He was found guilty of one count of obstruction of justice.
He was first arrested in Israel in 1993 when he was stopped at a checkpoint and spent several years in prison on allegations that he was a Hamas militant, where he allegedly confessed under torture.
That confession was controversially admitted as evidence in the Chicago trial.
Asqhar left the building without speaking to the press. He was found guilty on two counts of obstructing justice, and criminal contempt of court in a Grand Jury investigation.
His attorney, Bill Moffitt, who successfully defended another Palestinian in a similar case, said he hoped the US government would now cease waht he called harassment of Palestinians.
"The issues in the Middle East are not going to be solved by criminalizing one side of the conflict. This administration cannot win this war by trying to make criminals out of people fighting for their freedom," he said.
Salah said he was unsure whether he would return to the Palestinian territories, but urged his fellow Americans to go there and judge the situation for themselves.
Both men had insisted throughout the trial that they were only involved in charitable activities and had been documenting the history of a legitimate political movement.
Defense lawyers had likened Hamas members to freedom fighters such as the founding fathers of the United States and South Africa's anti-apartheid party the African National Congress.
They maintained the case was an attempt by the US government to stifle freedom of association and the expression of political beliefs.
Prosecutors argued there was no distinction between the militant and charitable arms of Hamas and used charges first developed to prosecute mobsters to press their case against Salah and Ashqar.
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