Saudi Lawsuit Against The Publishers Of The Book Alms For Jihad
Madam Speaker, I rise today to bring attention to the book Alms for Jihad, coauthored by J. Millard Burr and Robert O. Collins. This seminal work details the use of Islamic charities to fund terrorist activity around the world. The book's…
Madam Speaker, I rise today to bring attention to the book Alms for Jihad, coauthored by J. Millard Burr and Robert O. Collins. This seminal work details the use of Islamic charities to fund terrorist activity around the world.
The book's publisher, Cambridge University Press, agreed to pulp all unsold copies of ``Alms for Jihad'' in the face of a defamation lawsuit by Saudi billionaire Sheikh Khalid bin Mahfouz. The publisher also sent letters to 280 libraries around the world, asking them to insert an erratum slip or withdraw the book from their shelves. Since March 2002, bin
Mahfouz has sued or threatened to sue at least 36 times against individuals in England who have linked bin Mahfouz to terrorist financing and activities.
``Alms for Jihad'' reaches back into history, particularly into Sudan where much of the activities of fundamentalist Islamist groups found their origins, and traces them to the modern-day struggle against extremist forces around the world. We cannot understand the current war on terror, which extends far beyond the terrible events of September 11, without examining the chronology and details of this issue.
I have enclosed the author's response to the lawsuit, and encourage our colleagues to obtain and read this important book.
Saudi Billionaire vs. Cambridge University Press: No Contest
On 3 April 2007 Kevin Taylor, Intellectual Property Manager
for the Cambridge University Press (CUP), contacted Millard
Burr and myself that the solicitors for Shaykh Khalid bin
Mahfouz, Kendall Freeman, had informed CUP of eleven
``allegations of defamation'' in our book Alms for Jihad:
Charities and Terrorism in the Islamic World and requested a
response. On 20 April CUP received our seventeen page
``robust defence'', but it soon became apparent that CUP had
decided not to defend Alms for Jihad given ``knowledge of
claims from previous litigation'' and that ``the top-line
allegations of defamation made against us by bin Mahfouz are
sustainable and cannot be successfully defended . . .
certainly not in the English courts, which is where the
current action arises.'' Of the eleven points of alleged
defamation ``we [CUP] could defend ourselves against some of
his individual allegations . . . which, as you say could
hardly be deemed defamatory on its own,'' but on pp. 51-52
where you use the phrase `` `The twenty supporters of Al
Qaeda' followed by the Golden Chain references . . . is
defamatory of him under English law.'' The Golden Chain was a
list of twenty wealthy Saudi donors to al-Qa'ida which
included the name ``Mahfouz'' on a computer disk seized
during a raid by the Bosnian police and U.S. security agents
of the Sarajevo office of the Saudi charity, the Benevolent
International Foundation (Bosanska Idealna Futura, BIF).
On 9 May 2007 CUP agreed to virtually all of the Shaykh's
demands to stop sale of the book, destroy all ``existing
copies,'' prepare a letter of apology, and make a ``payment
to charity'' for damages and contribute to legal costs. After
further negotiations the press also agreed, on 20 June 2007,
to request 280 libraries around the world to withdraw the
book or insert an erratum slip. During these three months of
negotiations Millard and I had naively assumed that, as
authors, we were automatically a party to any settlement but
were now informed we ``are out of jurisdiction'' so that CUP
had to ask ``whether of not they [the authors] wish to join
in any settlement with your client [Mahfouz].'' On 30 July
2007 Mr. Justice Eady in the London High Court accepted the
abject surrender of CUP which promptly pulped 2,340 existing
copies of Alms for Jihad, sent letters to the relevant
libraries to do the same or insert an errata sheet, issued a
public apology, and paid costs and damages.
The crux of this sordid and sorry saga lies firmly in the
existing English libel law which is very narrow and
restrictive compared to its counterpart in the United States
with a long history and precedent of ``good faith'' protected
by the First Amendment, absent in English jurisprudence. In
effect, CUP was not prepared to embark on a long and very
expensive litigation it could not possibly win under English
libel law in the English High Court, known to journalists the
``Club Med for Libel Tourists.'' Laurence Harris of Kendall
Freeman was quite candid. ``Our client [Shaykh] Mahfouz chose
to complain to Cambridge University Press about the book
because the book was published in this jurisdiction by them''
where he had previously threatened to ``sue some 36 U.S. and
U.K. publishers and authors'' and in which Shaykh Mahfouz had
previously won three suits for the same charges of his
alleged financing of terrorism. Even Justice Eady's pious
pronouncements about ``the importance of freedom of speech''
were of little relevance before the weight, or lack thereof,
in English libel law he rigorously enforced.
This was the first time that Shaykh Mahfouz had brought
suit only against the publisher that did not include the
authors, for ``our client [Shaykh Mahfouz] took the view that
they [CUP] were likely to deal with his complaint sensibly
and quickly, which they did,'' rather than include the
authors who would not. As American authors residing in the
U.S., we were ``out of jurisdiction'' and under the
protection of the U.S. Courts, specifically the unanimous
ruling by the Second U.S. Circuit Court of Appeals in June
2007 that Dr. Rachel Ehrenfeld could challenge in a U.S.
Court the suit previously won against her by Shaykh Mahfouz
in Justice Eady's High Court in London thereby establishing a
defining precedent in U.S. jurisprudence. Dr. Ehrenfeld is
the director of the American Center for Democracy in New York
whose book, ``Funding Evil: how terrorism is financed--and
how to stop it,'' published by Bonus Books of Chicago in
2003, describes how Shaykh Mahfouz helped finance al-Qa'ida,
Hamas, and other terrorist organizations in greater detail
than ``Alms for Jihad.'' Although her book was not sold in
Britain, Shaykh Mahfouz secured British jurisdiction by
demonstrating that ``Funding Evil'' could be purchased or
read on the internet by British citizens. When she refused to
defend the case in the London High Court, Justice Eady
declared for the plaintiff and ordered Dr. Ehrenfeld to pay
$225,000 damages. She then chose to confront the Shaykh and
seek redress in the U.S. Court system.
Millard Burr and I had adamantly refused to be a party to
the humiliating capitulation by CUP and were not about to
renounce what we had written. ``Alms for Jihad'' had been
meticulously researched, our interpretations judicious, our
conclusions made in good faith on the available evidence. It
is a very detailed analysis of the global reach of Islamic,
mostly Saudi, charities to support the spread of fundamental
Islam and the Islamist state by any means necessary. When
writing ``Alms for Jihad'' we identified specific persons,
methods, money, how it was laundered, and for what purpose
substantiated by over 1,000 references. I had previously
warned the editor at CUP, Marigold Acland, that some of this
material could prove contentious, and in March 2005 legal
advisers for CUP spent a month vetting the book before going
into production and finally its publication in March 2006. We
were careful when writing ``Alms for Jihad'' not to state
explicitly that Shaykh Mahfouz was funding terrorism but the
overwhelming real and circumstantial evidence presented
implicitly could lead the reader to no other conclusion.
Court records in the case of U.S. vs. Enaam Arnaout, Director
of the Benevolent International Foundation and close
associate of Osama bin Laden, accepted as evidence the
``Golden Chain'' which the British High Court later refused
as evidentiary. The Mawafaq (Blessed Relief) Foundation of
Shaykh Mahfouz and its principal donor was declared by the
U.S. Treasury ``an al-Qaida front that receives funding from
wealthy Saudi businessmen'' one of whom was the designated
terrorist, Yassin al-Qadi who ``transferred millions of
dollars to Osama bin Laden through charities and trusts like
the Muwafaq Foundation.'' It appears very strange that the
founder of his personal charity and its major donor had no
idea where or whom or for what purpose his generosity was
being used.
Although the reaction to the settlement by CUP has been
regarded by some, like Professor Deborah Lipstadt at Emory
University, as a ``frightening development'' whereby the
Saudis ``systematically, case by case, book by book'' are
shutting down public discourse on terrorism and intimidating
publishers from accepting manuscripts critical of the Saudis,
there still remains the free exchange of ideas, opinions, and
written text in the world of the internet protected by the
First Amendment. Ironically, the eleven points of the Mahfouz
suit against CUP amount to little more than a large footnote,
a trivial fraction of the wealth of information in ``Alms for
Jihad'' that cannot be found elsewhere. The Shaykh can burn
the books in Britain, but he cannot prevent the recovery of
the copyright by the authors nor their search for a U.S.
publisher to reprint a new edition of ``Alms for Jihad'' for
those who have been seeking a copy in the global market
place.