But it’s not the way the Bush administration handled the Holy Land Foundation that rankled the Muslim community. It’s the way they smeared virtually every Muslim organization in America in the process. As part of the indictment against the Holy Land Foundation, the government submitted a list of “unindicted co-conspirators”. This was a list of individuals and organizations who the government had not a shred of evidence implicating them in supporting terrorism, but decided to smear them with the accusation anyway.
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Now try to parse the term “unindicted co-conspirator”. The layman sees the word “conspirator” and naturally assumes these people were guilty of something – and if it was a conspiracy, well, it must be something awfully sinister. But the key word is “unindicted”. These people weren’t arrested and found guilty. They weren’t arrested. They weren’t even indicted. Given the maxim that a good district attorney can indict a ham sandwich, what does it say about these Muslims that they weren’t even indicted? (Maybe that’s their secret: Muslims don’t eat pork.)
It’s bad enough that the concept of an “unindicted co-conspirator” turns the bedrock principle of American law on its head, and makes everyone on that list guilty until proven innocent. But it’s much worse than that, because they’re guilty with no recourse to prove they’re innocent. How can you defend yourself against an indictment that doesn’t exist? For the last decade, the most prominent Muslim organizations in the country have carried this “unindicted co-conspirator” tag around with them like it was herpes.
Without charging these organizations with any crime, the Bush administration succeeded in tarnishing their reputation. Any time someone wanted to cast suspicion on the American Muslim community, all they had to do was bring up the leadership of ISNA, which included some of the most respected Muslim scholars in the country, and remind their audience that ISNA was an unindicted co-conspirator. CAIR filed a lawsuit against a corporation for firing a Muslim woman because she refused to take off her head scarf at work? Unindicted co-conspirator. A Muslim community somewhere in America wanted to borrow money from NAIT to build a mosque? Now they’re doing business dealings with an unindicted co-conspirator.