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"This court of appeals decision is wrong, very wrong. It amounts to encouragement of financial contributions to terrorist organizations." Yes. And CAIR, not surprisingly, is thrilled. Why is it that this moderate civil rights organization seems to find itself on the wrong side of every terror case?
"$156M Terrorism Damage Award Thrown Out," by John O'Connor for AP (thanks to all who sent this in):
SPRINGFIELD, Ill. (AP) — A federal appeals court overturned a $156 million award Friday against U.S.-based Muslim activists for their involvement in the terrorist death of an American teenager in the West Bank more than a decade ago.The 7th U.S. Circuit Court of Appeals said the judge in the case had failed to require the parents of 17-year-old David Boim to properly show a link between the boy's death and the fundraising activities of the charities.
Because of that error, it sent the case back for a possible new trial.
Nathan Lewin, an attorney for the parents, Stanley and Joyce Boim, said an appeal to the U.S. Supreme Court is possible.
"This court of appeals decision is wrong, very wrong," Lewin said. "It amounts to encouragement of financial contributions to terrorist organizations."
And from "U.S. Court Overturns Ruling On $156m Payment By Muslim Charities To Family" by Paul Icamina for AHN News:
The Council on American-Islamic Relations (CAIR), a leading U.S. Muslim rights group, welcomed the appeal court's decision."This landmark ruling is a strong rejection of the recent disturbing trend of political lawsuits against American Muslims who have committed no crime other than providing humanitarian aid to Palestinians," it said in a statement. "CAIR deplores the murder of David Boim and hopes that the actual wrong-doers are brought to justice."
Uh huh. And here is a statement from the Boim family (thanks to Jeffrey Imm):
We are disappointed by the decision of the Court of Appeals to remand this case for retrial on purely procedural grounds in the face of the US Court of Appeals for the DC Circuit’s unanimous conclusion that it was “incontrovertible” that the Holy Land Foundation funded Hamas “and its terrorist activities.” But this ruling absolutely should not be read to encourage financial contributions to known terrorist organizations like Hamas. The Court of Appeals has confirmed that those who provide “money and other support to Hamas” are liable for the terrorist acts of those organizations.The Seventh Circuit now has said that private parties seeking to be compensated for the damage done to them must prove that the funding had a “causal link” to the particular terrorist murder for which compensation is sought. The evidence below established that link and the technical steps engrafted by this opinion on the statutory language reduce the remedy provided by Congress. We strongly believe the manner in which the Seventh Circuit has crafted this test is wrong, will harm other victims of terrorism who are seeking compensation, undermines the fight against terrorism and will be reversed by the Supreme Court of the United States.
As Judge Evans noted in his separate opinion, it would be “particularly absurd” and “nonsense” to conclude that Hamas did not have an opportunity to litigate its responsibility for the murder of David Boim. We trust that subsequent proceedings will reconfirm Hamas’ responsibility and afford the courts an opportunity to clarify again that those who fund terrorist organizations will be held financially responsible for the consequences of their terrorist actions.
I hope so.
Posted by Robert at January 1, 2008 8:10 AM
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This is just one more example of how impossible it will be to make headway against Islamofascism if we have to rely exclusively on lawyers.
Posted by: jewdog![[TypeKey Profile Page]](http://www.jihadwatch.org/nav-commenters.gif)
at January 1, 2008 8:21 AM
A grieving family's motives are POLITICAL? Yes, CAIR "hopes" that the "real" killers will be brought to "justice." Who do you have in mind, you Ikhwanists at CAIR--Ariel Sharon? Shin Bet? The IDF? SS Einsatzgruppen?
Yes, any assertion of a right to fundamental justice by infidels is a "POLITICAL" effort at the expense of those who want to regain the vast Muslim irredenta by violence, terror, and subversion--right, Ibby & Co.?
Not just content to subvert and destroy Israel, Lebanon, India, Pakistan, ad infinitum, you want to do the same here, by degrees, to the Land of The Free and The Home of The Brave, you Islamist bastards!
Posted by: John C at January 1, 2008 8:48 AM
An American teenager in the West Bank!? Come on, folks. He'd have better luck in the S.F. Zoo.
Posted by: Bingo at January 1, 2008 10:25 AM
It appears the case is going to the Supreme Court, if the Supremes accept the case, it would be of great interest to hear the arguement presentations.
Posted by: Mackie at January 1, 2008 10:59 AM
"The 7th U.S. Circuit Court of Appeals said the judge in the case had failed to require the parents of 17-year-old David Boim to properly show a link between the boy's death and the fundraising activities of the charities."
I wonder if The 7th U.S. Circuit Court of Appeals would have set the bar so high had David Boim been an Arab, and his killer been a Jew?"
Another case of Judges out to prove that the justice system works for all, when in fact it doesn't work at all.
Posted by: rational
at January 1, 2008 11:25 AM
"...lawsuits against American Muslims who have COMMITTED NO CRIME OTHER THAN PROVIDING HUMANITARIAN AID TO PALESTINIANS," The Council on American-Islamic Relations (CAIR). (Emphasis mine)
Is this a slip of the Taqqiya tongue? Are they admitting that “PROVIDING HUMANITARIAN AID TO PALESINIANS” is actually aiding terrorist organizations? And since aiding terrorism is a crime, they have “COMMITTED NO CRIME OTHER THEN” aiding terrorist organizations?
All this Taqqiya they do, I don’t think they can keep up with the layers of it and their masks slip to often.
at January 1, 2008 11:25 AM
Happy "effin" 2008.
Sometimes there just are no words.
John C, you nailed it.
at January 1, 2008 12:08 PM
I can imagine how onerous and daunting a Supreme Court case must be, but this appeals court decision cannot be allowed to stand as a precedent. If it does, civil cases against terrorist organizations such as Hamas, Al Qaeda, and Hizb'Allah can only be proven if the terrorist group keeps good receipts for how they spent their donations, and then turn over their receipts to the kufir U.S. courts when requested. Accounting and record-keeping are not their strong points. Killing and maiming are.
This case must be appealed.
Posted by: special_guest at January 1, 2008 12:17 PM
Thanks much, i. c.
And fu__allahyou in 2008, CAIR!
Deus vult.
Posted by: John C at January 1, 2008 12:26 PM
Good Morning America, England calling.
In mid nineties London, I became increasingly alarmed at the changing faces of radical Islam. On the one hand "Islamists" strolled the streets of "capitalist" England dressed in the attire of seventh century Bedouins, yet on the other, they appeared as Westernised, well educated mainstream voices, Forever promoting Islamic causes, never dissenting, if their flock went astray.
I voiced my concerns in various directions but was met with a stone wall of you "Fascist", you "Racist", responses.
Today, in England, vast swathes of my countrymen are awaking to a coming dawn of religious zealotry, hate and intolerance. Are they too late???.
Now I see with more urgent frequency that American society is following suit. An Islamic path toward the cesspit of oblivion.
I estimate the U.S. to be ten years behind the times of its European counterpart, certainly no more. Perhaps even less.
Re-education of an unwilling thus lazy public, is neigh impossible, (we know we're trying now.)
This above article proves that a few years ago, rational common sense in a Western democracies were the lifeblood of its virtues. Now the appeasement of Islam, (even in the U.S.) super cedes all.
THINK ABOUT IT!!!.
Posted by: U.K. TODAY. at January 1, 2008 1:48 PM
OT:
2007 has come and gone, and the USA continues to exist. Ha!
Posted by: yadayada at January 1, 2008 2:19 PM
"CAIR deplores the murder of David Boim and hopes that the actual wrong-doers are brought to justice."
CAIR, meet OJ.
Posted by: ebonystone at January 1, 2008 3:03 PM
Hopefully this will be one of those instances where the wheels of justice grind slow, but fine.
I think special_guest has the right take on it and that's how the Supreme Court will look at it.
This is just one more example of how impossible it will be to make headway against Islamofascism if we have to rely exclusively on lawyers.
Maybe someone should clue lawyers in to the fact that under strict Islamic Sharia, they are pretty much non-entities. Who needs lawyers when you've got God's law laid out for you in painstaking detail? Bye-bye Harvard Law School, hello Al-Anzhar "University".
Posted by: venividivici at January 1, 2008 3:34 PM
I don't know what the Tax Laws are when dealing with Charities but in Canada a group like CAIR is so Political and so focused on Suing people for a source of income that they appear as a "Islamic-Party" in the guise of a Charity so they can use the Courts to silence people that question any of the Donations or the Members now in a Federal Prison for supporting Hamas and Hezballah.
Now that CAIR has been proven to only have about 1800 paid Members and not the 60'000 they originally claimed , this means they are more of a Political-Minority Party because we must keep in mind that the 1800 Members include all the workers linked to the 33 Chapters that are FORCED to only hire Muslims and FORCED to be a Member.
Plus there must be several Bogus jobs that help CAIR smuggle Jihad Joe's into the USA via the Temp work-permit under the Religious provisions.
33 Chapters x 10 (at least 10) workers per chapter just for the Islamophobia division alone, + at least 3 Illegal workers brought in as "Religous" helpers and that comes to a moderate 400 Forced-Membership to take away from the 1800.
Then there is the 8 Million muslims CAIR claims to speak for , this is a lie because only about 4million+ can be accounted for because Tourists aren't included in National surveys .
By now you have noticed the pattern where CAIR lies about the Racism and Islamophobia to justify their existance and then they must now lie again to inflate the actual support for them , then they try to inflict fear into the Politicians with a bogus number like 8Million for the potential Muslim voters .
Anybody else notice how Hooper no longer wears his skull cap for TV interviews , I'm not to sure if he's trying to be the passive looking Muslim or trying to pull a cheap ruse over the Hijab murders for women who don't wear it and suffer a honour killing .
Hooper may want to show how the Islamic dress is Optional because there is no compulsion in religion , except now that Pakistan has revealed their "Final Solution" for the world so it becomes a Calphate with Sharia law replacing the Courts we can see another large Muslim Nation expressing the true Islam and it's no longer minority of Muslims harming the image of the 1.5 billion.
Trying to claim you are against violence and murder means nothing when you see a Murder or assault and then do nothing to stop it or don't report it.
The silence from the 1.2 billion innocent Muslims is deafening and that alone say far more about Islam that any movie or tirade by Hooper claiming Islam is peace.
at January 1, 2008 8:13 PM
What do the letters C.A.I.R. actually stand for???. How about CLOSETO AMERICAN ISLAMIC REPUBLIC. For thats what theyre after!!!.
Posted by: U.K. TODAY. at January 1, 2008 8:34 PM
The outright ignorance of Islam and its inherently malignant character that recently has been demonstrated by various judges and other officers of the courts in the US judiciary as well as other officers in the legislative and executive branches of the US government are starting to worry me almost as much as Islam's being in the US is.
We have thousands of officials in our government and courts who are supposed to be--and are paid to be-- defending our nation and its vital institutions and who apparently haven't a clue as how to defend them in the twenty first century.
Truly frightening when one realizes what America faces on the world stage!
Posted by: pythagoras at January 2, 2008 3:03 PM
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