CRIMINAL JURISDICTION

Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair

November 30, 2008

THE WAR ON TERROR ENJOYS RECENT VICTORIES

Filed under: Anti-Terrorism Lawyer — Tags: , , , , — johntfloyd @ 1:12 pm

Government Finally Reaches the Holy Land in Complex Case of Providing Financial Support to Terrorist

By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

America has a disposition toward war. The nation was created through war, and except for brief periods of respite, America has been at war with itself and other countries throughout its history. When not at war with other nations, America has found a need to declare “war” on one social ill after another, particularly over the last five decades. Beginning with President Lyndon Johnson’s “war on poverty” through President George W. Bush’s “war on terror” following 9/11, government officials have consistently used a war slogan to justify one social crusade after another.

In 2007 we wrote in this column (under the title “The Holy Land Foundation Verdict”) about the efforts of the Bush administration, as part of its “war on terror,” to convict the Holy Land Foundation of Texas for terrorism-related activities. We will revisit some of the historical background of that column as a lead into this one.

Under its original name Occupied Land Fund, the Holy Land Foundation was established in California in 1989 by Ghassan Elashi and other Palestinian Activists. The purpose of the Foundation was to provide assistance to Palestinians displaced by a Palestinian uprising against Israel’s occupation of the West Bank and Gaza. The uprising became known as the “intifada.” The most aggressive resistance in the intifada came from the Iranian-backed organization called Hamas which had been established in 1987. The political leader of Hamas, Mousa Abu Marzook, was married to Elashi’s cousin.

Three years later, in 1992, Holy Land moved its headquarters to Richardson, Texas. The Foundation came under the scrutiny of the governments of the United States and Israel the following year. An Illinois businessman named Muhammad Salah detained in Israel informed authorities that Holy Land, which had become America’s largest Muslim charity, was actually a front for Hamas. While he later claimed that he had provided information to the Israelis under torture, he told the authorities that Marzook, who was living in the U.S. at the time, had actually funded the creation of Holy Land with hundreds of thousands of dollars of start-up money. (more…)

November 14, 2008

YES WE CAN

Now what do WE Do with It

By Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

The “election” is over. Former Illinois Senator Barack Obama is now President-elect Obama. While it was a tremendous victory for the “Audacity of Hope” movement, it was an even greater victory for those who believe that social justice, racial tolerance, political unity, and strong presidential leadership are needed for this nation to heal its daunting economic woes and restore its proper role as moral leader in the world community.

While 48 percent (and 57% of the white voters) of the 131 million people who cast votes in the presidential election did not vote for President-elect Obama, the Illinois Senator told them in his victory acceptance speech that he heard their concerns and would be their president as much as he would be the president of those who voted for him. The nation desperately needs that kind of inclusive leadership.

Yes we can. This nation must find the political will and moral courage to thoroughly reject political partisanship, to find ways to protect the retirement savings of the elderly, to stymie the ruthless pace of home foreclosures, to make the power brokers on Wall Street as accountable as the small business owners on Main Street, and to make sure that every citizen in this country has a reasonable opportunity to secure health care coverage.

Yes we can. The American people have spoken, both loudly and clearly. They believe that Barack Obama is the person who can achieve these lofty but attainable goals. All Americans now have a fundamental civic responsibility to support the President-elect as he undertakes the awesome task of making our individual lives better, safer and more productive. Indeed Barack Obama now has the opportunity to be the Roosevelt of the 21st century just as Roosevelt was the Lincoln of the 20th century and Lincoln the Washington of the 19th century – and we believe he has the incredible gift of intelligence, courage and fortitude to not only seize but fulfill this opportunity. (more…)

July 8, 2008

JUSTICE ANTONIN SCALIAS DISSENT FROM THE DARK SIDE

Filed under: Anti-Terrorism Lawyer — Tags: , , , , — admin @ 11:55 am

Houston Criminal Attorney John Floyd Discusses Scalias Blistering Dissent Accusing Justices of Aiding Terrorist

The Supreme Court on June 12, 2008 issued a decision that marked the first time in the nation’s history that the constitutional right to the writ of habeas corpus was conferred on enemy aliens detained abroad by American military forces engaged in an ongoing war. See: Boumediene v. Bush, 553 U.S. ____ (2008) [Slip Opinion No. 06-1195 & 06-1196].

This column dealt rather extensively with the legal ramifications and constitutional underpinnings on this decision (June 24, 2008). The Boumediene decision has drawn a great deal of legal scrutiny and political criticism since its release. One of the decision’s harshest critics, however, was Justice Scalia whose 25-page dissent begs attention.

Pointing out that the Boumediene decision had no basis in constitutional law, Justice Scalia accused the court’s majority of issuing an opinion that will make the nation’s “war on terror” harder and “will almost certainly cause more Americans to be killed.” It is probably the first time that a dissenting U.S. Supreme Court justice has ever accused other justices of doing work that will aid and abet terrorism. Justice Scalia certainly has a right to his point of view, and he prefaced that point of view with the following compelling information:

“America is at war with radical Islamists. The enemy began by killing Americans and American allies abroad: 241 at the Marine barracks in Lebanon, 19 at the Khobar Towers in Dhahran, 224 at our embassies in Dar es Salaam and Nairobi and 17 on the USS Cole in Yemen….On September 11, 2001, the enemy brought the battle to American soil, killing 2,749 at the Twin Towers in New York City, 184 at the Pentagon in Washington, D.C., and 40 in Pennsylvania. It has threatened further attacks against our homeland; one need only walk about buttressed and barricaded Washington, or board a plane anywhere in the country, to know the threat is a serious one. Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq…” (more…)

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