Holy Land Foundation Sentencing Raises Questions for U.S. Charitable Sector

On May 27, 2009, U.S. District Judge Jorge Solis sentenced Shukri Abu Baker, the former chief executive of the Dallas-based Holy Land Foundation for Relief and Development, to 65 years in prison for his role in funneling more than $12 million to Hamas.  Abu Baker is one of five defendants who were found guilty on 108 counts by a federal jury in Dallas in November 2008. All were part of the now defunct Holy Land Foundation, which was once the largest Muslim charity in the U.S.

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Sri Lankan Government Denies Entry to Aid Groups, Raising Humanitarian Law Questions

Even as the catastrophic human tragedy unfolds in Sri Lanka, the island's government is refusing to allow aid workers or journalists into the country, banning the delivery of humanitarian relief outside of the official camps. With at least 50,000 civilians unable to escape the exchange of gunfire and shelling between the military and the rebel Liberation Tigers of Tamil Eelam (LTTE) along the northeastern coast of Sri Lanka, a UN spokesman described the disintegrating situation as a "bloodbath." The Sri Lankan government's actions have directly jeopardized the lives and security of tens of thousands of citizens, violating long accepted standards for humanitarian aid.

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Audit Says FBI's Watchlist Riddled With Errors

On May 6, 2009 yet another audit, this time from the Department of Justice's Office of Inspector General (OIG), has documented the high error rate and dysfunction of the government's central terrorist watchlist. In response the ACLU has called for Congressional oversight, and Sen. Patrick Leahy (D-VT) called the situation "unacceptable." The audit may spark action on legislation passed by the House of Representatives and pending in the Senate that would provide redress procedures for people wrongly placed on watchlists. The audit also raises significant questions for U.S. nonprofits, since the Department of Treasury Anti-Terrorist Financing Guidelines for charities and USAID's proposed Partner Vetting System promote list checking. It is time to re-think the role of watchlists in counterterrorism strategy, and not just try to fix a broken system.

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Aid Workers Killed or Abducted Around the World in 2009

Listed by country where incident occurred


(UN Photo/UNHCR)

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Court Orders Review of FBI Records on California Muslim Organizations as New Complaints Emerge in 2 States

Responding to claims that Muslim organizations have been illegally spied upon in southern California, a federal judge said on April 20, 2009 he will conduct a review of the FBI records.  The decision comes after nearly three years of legal efforts by the ACLU and American Muslim groups to obtain information that they say would demonstrate illegal surveillance by the FBI. The FBI will have 30 days to deliver approximately 100 pages of related surveillance memos and the files on the Council of American Islamic Relations (CAIR) and its leaders to the judge.

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Judges: Application of Executive State Secret Privilege Limited

On April 28, 2009, the U.S. Court of Appeals for the Ninth Circuit rejected the Obama administration's claim that a lawsuit involving extraordinary rendition must be dismissed for national security reasons. The three judge panel's unanimous decision said the federal government could not assert the "State Secret" privilege to throw out an entire civil case prior to the discovery phase. The 26 page ruling said that evidence the executive branch claims to be a state secret must be evaluated by the court on an "item-by-item basis." The American Civil Liberties Union (ACLU) and other advocacy groups are hopeful that this ruling sets a precedent for surveillance lawsuits and charities designated as supporters of terrorism based on secret evidence held by the Treasury Department.

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Clinton's Speech Stresses "A New Generation" for State and Civil Society Relations

Speaking at the Global Philanthropy Forum Conference in Washington, D.C., Secretary of State Hillary Rodham Clinton told the audience that the State Department's doors are "wide open" to engage and collaborate with civil society organizations. The April 22, 2009 speech served as another platform for Clinton to promote her "smart power" strategy that emphasizes an increased role for aid and development in American foreign policy.

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Hearing Calls for Improved Intelligence Gathering Strategies That Protect Free Speech

Members of the private task force charged with making recommendations to help guide recent national, state and local law enforcement  information sharing efforts addressed the Senate Judiciary Subcommittee on Terrorism and Homeland Security on April 21, 2009, agreeing with civil liberty advocates that more must be done to protect privacy and free speech amid the effort to detect terrorist plots.

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DHS Report on Rightwing Extremism Puts Napolitano on Defensive

On April 15, 2009, Homeland Security Secretary Janet Napolitano responded to criticism from lawmakers, conservatives and veterans groups about a leaked unclassified intelligence assessment warning national law enforcement agencies about ongoing political and social conditions that could trigger "rightwing" extremism.

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Report Calls for Greater Civil Society Role in Security Policy

A March 2009 report from the Fourth Freedom Forum tracks the growing disconnect between international and United Nations efforts to include civil society in Security Sector Reform (SSR) and counterterrorism programs implemented by many governments, including the United States.  Oversight or Overlooked?

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