Holy Land Foundation for Relief and Development: Difference between revisions

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=== Testimony and evidence ===
During the 2007 trial, the lawyers representing the foundation alleged that the [[United States Department of Justice|Justice Department]] fabricated quotes and modified transcripts.<ref>{{cite news| url=https://www.latimes.com/archives/la-xpm-2007-feb-25-na-holyland25-story.html | work=The Los Angeles Times | title=Charity's lawyers say quotes were fabricated | first=Greg | last=Krikorian | date=February 25, 2007}}</ref> The defendants attempted to motion for evidence collected under the [[Classified Information Procedures Act ]](CIPA) as unconstitutional, although Judge Fish denied this request on February 27, 2007.<ref name="auto1">{{Cite web|url=https://www.govinfo.gov/content/pkg/USCOURTS-txnd-3_04-cr-00240/pdf/USCOURTS-txnd-3_04-cr-00240-2.pdf|title=United States District Court – Northern District of Texas Dallas Division, "United States of America, Plaintiff, vs. Holy Land Foundation for Relief and Development (01), Shukri Abu Baker (02) Mohammad El-Mezain (03) Ghassan Elashi (04) Mufid Abdulqader (07), and Abdulraham Odeh (08), Defendants. Criminal Action No. 3:04-CR-240-G, Filed February 27, 2007}}</ref> The defendants argued that they themselves needed access to each classified intercepts to find exculpatory information and that the summaries provided were inaccurate.
 
Judge Fish noted that the court was already aware that not every intercept was summarized by the government nor was every intercepted collected listened to by the government. Fish claimed that the defendants' access was already sufficient since they had personal access to all the declassified summaries of the FISA intercepts and to the four lines of FISA intercepts that were fully declassified. Their attorneys who possessed security clearances could also access all FISA intercepts the government produced. Judge Fish mentioned that if this was insufficient then the parties could use the summaries of intercepts and other criteria – such as the phone numbers involved in the communications – to identify specific relevant intercepts in order to ask the government to review and declassify the identified intercepts.<ref name="auto1"/> Judge Fish criticized the defendants for seeking to declare the whole of CIPA as unconstitutional rather than utilize the pathway to declassification already laid out for them on December 8, 2006. In response to the mistranslated summaries, Judge Fish noted that unless the defendants found more than the one example provided amongst the declassified summaries that are significantly inaccurate or misleading, they could not provide that the presented inaccuracies were widespread rather than an isolated incident. Judge Fish again mentioned that the defendants could use the aforementioned pathway for declassification of FISA evidence and stated that the defendants could request relief if they found widespread issues related to misleading summaries, although "it is highly unlikely that such appropriate relief would include a declaration that CIPA is unconstitutional."<ref name="auto1"/>