June 7, 2010

Attorney General Eric Holder

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Sent Via Fax: (202) 307-6777

Re: Violation of the U.S. Neutrality Act, 18 U.S.C. 960, by Free Gaza

Movement

Dear Attorney General Holder,

As you are no doubt aware, this past week a boat flotilla organized by

anti-Israeli NGOs and Islamic terrorists set out to provoke the Israel

Defense Forces and to violate Israel's military blockade of the Hamas

controlled Gaza Strip. The flotilla's efforts resulted in the deaths of 9

armed militants and the serious injuring of numerous Israeli soldiers.

I am writing to bring to your attention to a serious matter regarding the

flotilla and what might have been a violation of the U.S. Neutrality Act,

18 U.S.C. 960, regulations of the Internal Revenue Service and an attempt

to aid & abet the Hamas terrorist organization, which has occurred within

the United States.

The radical pro-Hamas organization, the Free Gaza Movement ("FGM"), has been

raising funds for its extremist activities within the United States. The

FGM was one of the driving forces behind past efforts to organize a flotilla

to Gaza in 2008, and its members raised funds in the U.S. and directed the

current Gaza flotilla campaign from Cyprus. These activities would appear

to be a violation of the U.S. Neutrality Act, which provides:

"Whoever, within the United States, knowingly begins or sets on foot or

provides or prepares a means for or furnishes the money for, or takes part

in, any military or naval expedition or enterprise to be carried on from

any thence against the territory or dominion of any foreign prince or

state, or of any colony, district, or people with whom the United States is

at peace, shall be fined under this title or imprisoned not more than three

years, or both."

This past week U.S. Vice- President Joseph Biden declared that the Israeli

blockade of the Gaza Strip is lawful and pursuant to international law. The

blockade was established in June 2007, after terrorist from the Hamas

organization violently took control of the territory and ousted the members

of the Palestinian Authority security services. Since that time, Hamas has

engaged in a relentless campaign to obtain weapons and explosives and to

terrorize Israel's civilian population. In an effort to prevent Hamas from

obtaining any additional military equipment and to impose economic pressure

on the Hamas leadership in Gaza, the Israeli Security Cabinet imposed a

series of sanctions on the Gaza Strip including a coastal blockade that is

being implemented by the Israeli navy. The naval blockade is particularly

important in light of previous attempts by the Iranian government to

transfer weapons to Palestinian militants at sea such as occurred in January

2002 when the Israeli navy seized the "Karine A" ship that was loaded with

50 tons of Iranian supplied weaponry.

Moreover, there are several provisions within the agreements signed by

Israel and the Palestinian Authority that grant Israel the right to

implement a naval blockade on the Gaza Strip. Specifically, the September

28, 1995 Israeli-Palestinian Interim Agreement on the West Bank and the Gaza

Strip which was signed in Washington D.C., which provides that Israel has

"the responsibility for defense against external threats, including for

defense against external threats from the sea and from the air." In

addition, it was agreed that that foreign vessels would "not approach closer

than 12 nautical miles from the coast" unless specifically authorized by

Israel. As such, the Israeli blockade on Gaza is lawful and the waters

outside of Gaza are legally controlled by Israel.

The FGM has a website at: www.freegaza.org . Those who wish to support the

FGM'ts activities, including the organizing and outfitting of the boat

flotilla which attempted to engage the Israeli navy and run the Gaza

blockade, are asked to donate to the FGM. As the FGM website plainly

explains ( http://www.freegaza.org/en/usa-donations ), however, that since the FGM

does not "currently have 501(c)3 status" donations to the group will be

channelled through the American Educational Trust, the publishers of the

Washington Report on Middle East Affairs, who "have generously agreed to

serve as our fiscal sponsor in the United States. Through the American

Educational Trust you can make U.S. tax-deductible donations to us either

with PayPal or by check."

Potential donors are informed that if they "would like to make a U.S.

tax-deductible donation to the Free Gaza Movement by check, please make out

the check to: "American Educational Trust LE" and write "Free Gaza" in the

memo section . . ."

In addition to organizing boat flotilla's that contain weapons and supplies

the Israeli government has deemed harmful to its security and which it seeks

to smuggle into Gaza which would constitute a violation of the Neutrality

Act, it is hard to believe that the IRS would authorize an outlaw

organization like the FGM, which does not appear to be incorporated nor have

tax-free status in the United States to have another organization like the

American Educational Trust issue tax receipt to donors on its behalf. This

is a clear case of money laundering by the FGM and the American Educational

Trust and an effort to defraud the regulations of the IRS. It is both the

FGM and the American Educational Trust, as well as its donors, who are

knowingly engaging in this fraud on the IRS.

Nevertheless, despite the clear unequivocal policy of the United States to

support Israel's right to control the security of the territorial waters

around Gaza and to isolate Hamas from external support, the FGM and the

American Educational Trust are attempting to undermine the foreign policy of

both the United States and Israel, and attempting to aid and abet the Hamas

terrorist organization, by raising money to smuggle in weapons and supplies

in direct violation of the Interim Agreement regarding foreign vessels and

to undermine Israel's sovereign authority.

The FGM and the American Educational Trust has openly soliciting financial

support in the United States for its hostile expedition against a friendly

nation in violation of the U.S. Neutrality Act. As such, the actions of

the FGM and the American Educational Trust are nothing short of an attempt

to violate the laws of State

of Israel and to engage in conduct that has the effect of undermining the

national security of a U.S. ally.

Consequently, I respectfully request that your office take all necessary and

appropriate actions to uphold the laws of the United States, to investigate

those that are organizing the flotilla, money laundering and funding this

illegal effort and to enjoin any unlawful activity on the part of the FGM

and the American Educational Trust.

Thank you,

Nitsana Darshan-Leitner, Esq.