The Peace Appeal Foundation joined the 1750 member US based Council on Foundations and 18 other US based organizations in filing a friend of the court brief in the U.S. Court of Appeals for the Fifth Circuit arguing that individuals may not be convicted under a statute barring “material support” to “designated terrorist groups” if they have not knowingly supported any designated terrorist group.
As reported in the Charity and Security Network, under the lower court’s ruling, a charity that carefully checks all government lists of “designated terrorists” and avoids supporting any of them may still be convicted, if the government later shows that, unbeknownst to the donor, its grantee was connected to another designated group. The case, U.S. v el Mezain et al, involves the 2008 convictions of leaders of the now-defunct Holy Land Foundation (HLF) on a variety of charges.
The brief limited its arguments to the charges involving support to non-designated groups, because if upheld, the lower court’s decision would render thousands of foundations and charities in the United States vulnerable to criminal prosecution. It was filed by 20 foundations, charities, peace groups and constitutional rights organizations, including the 1750-member Council on Foundations, The Carter Center (founded by former President Jimmy Carter), the Rockefeller Brothers Fund, Christian Peacemaker Teams, and Grassroots International.
For further information please see the Charity and Security Network’s website:
The amicus brief may be found here.
A background article is online here.
The press release accompanying the brief is here.