Protecting Nonprofit Rights | Center for Effective Government

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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Disclosure of Recovery Act Lobbying Far from Comprehensive

President Barack Obama's March 20 memo restricts communications between federally registered lobbyists and executive branch employees on use of Recovery Act funds and requires disclosure of written communications. A closer examination of the summaries of lobbyist contacts with federal agencies shows that there are few online postings of those communications; some agencies have not posted any contacts at all. According to a review of the 29 agencies receiving stimulus money, only 110 contacts had been disclosed as of May 18.

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Surge of Voter Reform Efforts Spreads Across the Nation

There is a new surge of voter reform efforts sweeping the nation. Some of these efforts are designed to stimulate voter participation by easing barriers to voter registration through use of electronic mediums such as the Internet and e-mail. Other measures seek to impede the voting process in response to allegations of voter fraud during the 2008 elections, despite research indicating that voter fraud cases are rare and greatly exaggerated.

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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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Lobbying Restrictions Generate More Criticism

It appears that the Obama administration’s restrictions on lobbying are drawing criticism even as the administration defends the policies. The controversy surrounds two policy documents: one addresses restrictions on hiring lobbyists and others as political appointees, and the other focuses on communications by lobbyists about use of Recovery Act funds.

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Recent FEC Rulings May Indicate Growing Leniency in Enforcement

The Federal Election Commission (FEC) recently issued a series of rulings that may represent a move toward a more lenient interpretation of election laws. The commissioners have repeatedly split along party lines over whether to pursue possible campaign finance violations involving organizations charged with acting as political committees.

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Oral Arguments Indicate Court May Strike Down Key Voting Rights Provision

On April 29, the U.S. Supreme Court heard oral arguments in Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a case in which a small utility district in Texas is challenging Section 5 of the Voting Rights Act of 1965. Section 5 was reauthorized in 2006 and applies to all or part of 16 states, including nine states in their entirety. It requires those states to seek federal approval before changing election rules or procedures due to past laws and practices that discriminated against and disenfranchised racial minorities.

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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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