CLCMA recently filed a Petition for a Writ of Certiorari with the Supreme Court, asking it to consider Hafiz Khan’s challenge to his conviction. Mr. Khan was convicted of material support, despite his relatives in Pakistan being available (by video) and willing to testify that the money he sent went for other, legitimate purposes, such as a madrassa (school) he had already established overseas. The jury never heard that testimony, which forms the basis for the habeas corpus action that led to this Petition with the Supreme Court.
“Hafiz Khan’s petition represents a significant issue regarding testimony at trial of overseas witnesses,” noted Charles Swift, Director of CLCMA. “Presenting witnesses is an essential right for any defendant, and is of particular importance to individuals in the Muslim community when the subject concerns overseas transactions.”
“While only about 1% of the cases that petition the Supreme Court are actually accepted, we believe that presenting the challenge and the opportunity for the Court to lend its voice on this issue matters. More and more witness testimony comes from international witnesses, and enforcing consistent policies regarding this kind of testimony benefits criminal defendants and the system as a whole,” added Christina Jump, CLCMA’s Civil Litigation Department Head.
CLCMA will continue to post updates on this and all of its pending litigation matters as developments occur.