The five individual defendants in United States v. Holy Land Foundation, et al. have filed an emergency motion asking the 5th U.S. Circuit Court of Appeals to overturn a July 30 decision in which U.S. District Judge Jorge A. Solis ruled that their double-jeopardy claims were frivolous and denied them a stay to appeal his ruling.
Prosecutors allege the defendants — all of whom formerly worked for HLF, a now-defunct Richardson, Texas-based Muslim charity — used the organization to help fund terrorists in the West Bank and Gaza. The defendants deny the allegations and have pleaded not guilty. They were tried last year, but on Oct. 22, 2007, then-Chief U.S. District Judge A. Joe Fish of the Northern District of Texas declared a mistrial in the case. Fish, who took senior status on Nov. 12, 2007, subsequently transferred the HLF case to Solis, who has scheduled jury selection to begin on Aug. 21 and the retrial for Sept. 8.
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