The Right Wing and the Council on American-Islamic Relations; No Due Process for the Unindicted
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair
What exactly is a un-indicted co-conspirator?
Attorney Peter R. Rient defined the term as any person the Government alleges “agreed with others to violate the law but who is not charged with an offense and who, consequently, will not be tried or sentenced for his criminal conduct.” 1/
While the “un-indicted co-conspirator” designation may not have immediate legal consequences, it definitely has long term social consequences. As Ira P. Robbins, Bernard T. Welsh Scholar and Professor of Law and Justice, has written: “Although a criminal defendant is presumed innocent until proven guilty and has a Sixth Amendment right to a speedy trial, these procedural protections do little to shield an individual who is identified as an unindicted co-conspirator. Because trials focus on the guilt or innocence of the indicted individuals, the practice of naming an individual as an unindicted co-conspirator in effect accuses the person of a crime without providing him or her with a forum for seeking vindication. Thus, the practice routinely results in injury to their reputations, lost employment opportunities, and a practical inability to run for public office.” 2/
Three decades earlier the Fifth Circuit Court of Appeals in United States v. Briggs came to much the same conclusion: “”[t]the grand jury that returns an indictment naming a person as an unindicted conspirator does not perform its shield function [protecting the innocent] but does exactly the reverse. If the charges are baseless, the named person should not be subjected to a public branding, and if supported by probable cause, he should not be denied a forum.” 3/
That’s precisely what happened to some of the nearly 300 individuals or entities named as un-indicted co-conspirators in the “Holy Land Foundation terrorism case” tried in Dallas last year. One of the groups named as an un-indicted co-conspirator was the Council on American-Islamic Relations (CAIR). This group found itself in the Government’s cross hairs after one of the Holy Land leaders, Ghassam Elashi, who founded the Texas chapter of CAIR and chaired on the Holy Land Foundation, was indicted on terrorism related charges. (more…)
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