btw, cook rhyming woth "spook" as in, "cook" i.e., a crazy person.

Ginny



On 2/2/09, [log in to unmask] <[log in to unmask]> wrote:
> Ahhh, David Yerushalmi, hmmm, I've heard of this guy before, he's a
> well, kind of a cook.
>
> If I remember correctly.
>
> Ginny
>
>
>
> On 2/2/09, SUNTOU TOURAY <[log in to unmask]> wrote:
>>
>> 1
>> IN THE UNITED STATES DISTRICT COURT
>> FOR THE EASTERN DISTRICT OF MICHIGAN
>> KEVIN J. MURRAY,
>> Plaintiff,
>> v.
>> HENRY M. PAULSON, JR., in his
>> official capacity as Secretary, U.S.
>> Department of Treasury; BOARD OF
>> GOVERNORS OF THE FEDERAL
>> RESERVE SYSTEM,
>> Defendants.
>> Case No.
>> COMPLAINT
>> [FIRST AMENDMENT TO THE
>> UNITED STATES CONSTITUTION]
>> THOMAS MORE LAW CENTER
>> Robert J. Muise, Esq. (P62849)
>> Brandon Bolling, Esq. (P60195)
>> 24 Frank Lloyd Wright Drive
>> P.O. Box 393
>> Ann Arbor, MI 48106
>> [log in to unmask]
>> (734) 827-2001
>> LAW OFFICES OF DAVID YERUSHALMI
>> David Yerushalmi, Esq.* (Ariz. Bar No. 009616; DC Bar No. 978179;
>> Cal. Bar No. 132011; NY Bar No. 756206)
>> P.O. Box 6358
>> Chandler, AZ 85246
>> [log in to unmask]
>> (646) 262-0500
>> Fax: (801) 760-3901
>> *Application for admission to this court pending
>> Counsel for Plaintiff
>> ______________________________________________________________________________
>> Plaintiff Kevin J. Murray ("Plaintiff"), by and through his undersigned
>> counsel, brings
>> this Complaint against the above-named Defendants, their employees,
>> agents,
>> and successors in
>> office, and in support thereof alleges the following upon information and
>> belief:
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 1 of 18
>> 2
>> INTRODUCTION
>> 1. This civil rights action challenges that portion of the "Emergency
>> Economic Stabilization
>> Act of 2008" (or "Act") (12 U.S.C. § 5201 et seq.) enacted by the United
>> States Congress
>> pursuant to Congress' taxing and spending power that appropriated $40
>> billion in taxpayer
>> money to fund and financially support the United States government's
>> majority ownership
>> interest in American International Group, Inc. ("AIG"), which engages in
>> Shariah-based Islamic
>> religious activities that are anti-Christian, anti-Jewish, and
>> anti-American. The use of these
>> taxpayer funds to approve, promote, endorse, support, and fund these
>> Shariah-based Islamic
>> religious activities violates the Establishment Clause of the First
>> Amendment to the United
>> States Constitution.
>> 2. This action also challenges the United States government's broad
>> policy
>> and practice of
>> approving, endorsing, promoting, funding, and supporting
>> Shariah-compliant
>> financial products
>> and business plans, such as Takaful Insurance. This governmental policy
>> and
>> practice conveys a
>> message of endorsement and promotion of Shariah-based Islam and its
>> religious beliefs and an
>> accompanying message of disfavor of and hostility toward Christianity and
>> Judaism and their
>> religious beliefs in violation of the Establishment Clause.
>> 3. As our history reveals, this Nation was founded upon values that
>> acknowledge the
>> importance of religion, respect for the right of conscience, and respect
>> for
>> the free exercise of
>> religion. These values, which are Christian values, are enshrined in the
>> religion clauses of the
>> First Amendment.
>> 4. The Shariah-based Islamic religious practices and activities that the
>> government-owned
>> AIG engages in—activities that are funded and financially supported by
>> American taxpayers,
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 2 of 18
>> 3
>> including Plaintiff, who is forced to contribute to them—are antithetical
>> to
>> our Nation's values,
>> customs, and traditions with regard to religious liberty, religious
>> tolerance, and the proscriptions
>> of the First Amendment. These government-funded activities not only convey
>> a
>> message of
>> disfavor of and hostility toward Christians, Jews, and those who do not
>> follow or abide by
>> Islamic law based on the Quran or the teachings of the Prophet Mohammed,
>> but
>> they also
>> embody actual commercial practices which are pervasively sectarian and
>> which
>> disfavor
>> Christians, Jews, and other "infidels," including Americans.
>> 5. The Act and the policies, practices, and actions of Defendants with
>> regard to Shariahcompliant
>> finance as set forth in this Complaint send a message to those who are
>> non-adherents
>> to Shariah-based Islam that they are outsiders, not full members of the
>> political community, and
>> an accompanying message to those who are adherents to Shariah-based Islam
>> that they are
>> insiders, favored members of the political community.
>> 6. This case seeks to protect fundamental constitutional rights and
>> uphold
>> the values
>> expressed in the religion clauses of the First Amendment. It is brought
>> under the Establishment
>> Clause, challenging the disbursement of public funds to (and the
>> concomitant
>> federal
>> government's ownership of) AIG made in the exercise of Congress' taxing
>> and
>> spending power.
>> It is also a constitutional challenge to the United States government's
>> policy and practice of
>> approving, endorsing, promoting, funding, and supporting
>> Shariah-compliant
>> finance, which
>> itself conveys a message of endorsement and promotion of Shariah-based
>> Islam
>> and its religious
>> beliefs.
>> 7. Plaintiff seeks a declaration that Defendants violated his clearly
>> established constitutional
>> rights as set forth in this Complaint; a declaration that Congress'
>> disbursement of public funds to
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 3 of 18
>> 4
>> AIG violated the Establishment Clause; a declaration that Defendants'
>> policy
>> and practice of
>> approving, endorsing, promoting, funding, and supporting
>> Shariah-compliant
>> finance violates the
>> Establishment Clause; a declaration that the United States government's
>> ownership interest in
>> and use of taxpayer money to financially support AIG and its Takaful
>> Insurance business, which
>> is pervasively sectarian, violate the Establishment Clause; and a
>> permanent
>> injunction enjoining
>> the impermissible disbursement of public funds to AIG, enjoining the
>> United
>> States
>> government's ownership interest in AIG's pervasively sectarian
>> businesses,
>> and enjoining
>> Defendants' policy and practice of approving, endorsing, promoting,
>> funding,
>> and supporting
>> Shariah-compliant finance. Plaintiff also seeks an award of attorney fees
>> and costs pursuant to
>> 28 U.S.C. § 2412 (the Equal Access to Justice Act), and other applicable
>> laws.
>> JURISDICTION AND VENUE
>> 8. This action arises under the First Amendment to the United States
>> Constitution.
>> Jurisdiction is conferred on this Court pursuant to 28 U.S.C. § 1331.
>> 9. Plaintiff's claims for declaratory and injunctive relief are
>> authorized
>> by 28 U.S.C. §§
>> 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil
>> Procedure,
>> and by the general
>> legal and equitable powers of this Court.
>> 10. Venue is proper under 28 U.S.C. § 1391(e) because this is the
>> judicial
>> district in which
>> Plaintiff resides.
>> PLAINTIFF
>> 11. Plaintiff Kevin J. Murray is a United States citizen, a resident of
>> Washtenaw County,
>> Michigan, a federal taxpayer, and a devout Catholic. Plaintiff is also a
>> former U.S. Marine who
>> served honorably in harm's way to defend our country against Islamic
>> terrorists.
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 4 of 18
>> 5
>> 12. On September 11, 2001, Islamic terrorists, guided by fundamental
>> principles of Shariahmandated
>> jihad against "infidels," attacked U.S. soil and killed thousands of
>> innocent American
>> civilians. Shortly thereafter, the United States went on the offensive by
>> engaging Islamic
>> terrorists overseas in Iraq and in Afghanistan. As in the past when our
>> Nation faced a foreign
>> threat to its national security, American service men and women were
>> called
>> to action. Plaintiff
>> Murray answered the call.
>> 13. From March 2003 to October 2003, Plaintiff was deployed overseas in
>> support of
>> Operation Enduring Freedom and Operation Iraqi Freedom. During this time,
>> Plaintiff served as
>> a Marine infantryman and was tasked with providing security for vital
>> refueling and arming
>> points throughout the initial combat phase of the war. These duties
>> consisted of countless and
>> stressful hours devoted to convoy security, manning perimeter defensive
>> positions, and
>> conducting combat patrols in hostile enemy territory in numerous
>> locations
>> throughout southern
>> Iraq.
>> 14. Later in his deployment, Plaintiff was tasked with providing
>> anti-terrorism defenses for
>> Camp Commando, Kuwait—the hub of Marine Corps operations throughout the
>> Iraqi theater.
>> 15. As a Christian, a federal taxpayer, and a former U.S. Marine veteran
>> of
>> the war against
>> Islamic terrorism, Plaintiff objects to and is harmed by the
>> appropriation
>> and disbursement of
>> public funds to AIG and being forced as a taxpayer to contribute to the
>> propagation of Islamic
>> beliefs and practices predicated upon Shariah law, which is hostile to
>> his
>> religious beliefs and
>> practices and which forms the basis for the global jihadist war against
>> the
>> West and the United
>> States in particular. Plaintiff also objects to and is harmed by the
>> United
>> States government's
>> policy and practice of approving, endorsing, promoting, funding, and
>> supporting Shariah-
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 5 of 18
>> 6
>> compliant finance as set forth in this Complaint. The government's
>> endorsement of Islamic law
>> sends a message to Plaintiff, who is a non-adherent to Islam, that he is
>> an
>> outsider, not a full
>> member of the political community, and an accompanying message to those
>> who
>> are adherents to
>> Islam that they are insiders, favored members of the political community.
>> DEFENDANTS
>> 16. Defendant Henry M. Paulson, Jr. is the Secretary of the United States
>> Department of
>> Treasury. At all times relevant herein, Defendant Paulson was charged by
>> Congress with
>> administering the Act, including the "Troubled Assets Relief Program" (12
>> U.S.C. § 5211).
>> Defendant Paulson is also responsible for creating, adopting, and
>> implementing the United States
>> government's policy and practice of approving, endorsing, promoting,
>> funding, and supporting
>> Shariah-compliant finance. Defendant Paulson is sued in his official
>> capacity.
>> 17. Defendant Board of Governors of the Federal Reserve System (the
>> "Fed")
>> is an agency of
>> the United States government. At all times relevant herein, the Fed was
>> acting as an instrument
>> of the United States government. The Fed is also responsible for adopting
>> and implementing the
>> United States government's policy and practice of approving, endorsing,
>> promoting, funding,
>> and supporting Shariah-compliant finance.
>> 18. The Fed was created by and derives its authority from Congress.
>> According to the Fed, it
>> is charged with, inter alia, "maintaining the stability of the financial
>> system and containing
>> systemic risk that may arise in financial markets." Pursuant to its
>> congressional authority, in
>> September 2008 the Fed expended federal taxpayer funds to acquire a
>> majority
>> (79.9%)
>> ownership interest in AIG on behalf of the United States government,
>> thereby
>> creating a
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 6 of 18
>> 7
>> sufficiently close nexus between the federal government and AIG so that
>> the
>> actions of AIG may
>> be fairly treated as those of the federal government itself.
>> 19. By acquiring a majority ownership interest in AIG, maintaining a
>> vested
>> interest in the
>> success of AIG, and standing to profit from that success, the United
>> States
>> government now
>> exercises such coercive power or provides such significant encouragement,
>> overtly and covertly,
>> that in law the choices of AIG are deemed to be those of the federal
>> government.
>> STATEMENT OF FACTS
>> 20. Pursuant to its authority under the taxing and spending clause of
>> Article I, section 8 of the
>> United States Constitution, Congress passed the "Emergency Economic
>> Stabilization Act of
>> 2008" (12 U.S.C. § 5201 et seq.), which is an express congressional
>> mandate
>> and a specific
>> congressional appropriation to expend taxpayer funds. The Act took effect
>> on
>> October 3, 2008.
>> 21. The Act authorizes Defendant Paulson to establish the Troubled Asset
>> Relief Program (or
>> "TARP") (12 U.S.C. § 5211) "to purchase, and to make fund commitments to
>> purchase, troubled
>> assets from any financial institution." As defined by the Act (12 U.S.C.
>> §
>> 5202), the term
>> "financial institution" means, inter alia, "any institution, including,
>> but
>> not limited to, any bank,
>> savings association, credit union, security broker or dealer or insurance
>> company, established
>> and regulated under the laws of the United States . . . and having
>> significant operations in the
>> United States." According to the Act, the term "troubled assets" means,
>> inter alia, "any other
>> financial instrument that [Defendant Paulson], after consultation with
>> the
>> Chairman of the Board
>> of Governors of the Federal Reserve System [the Fed], determines the
>> purchase of which is
>> necessary to promote financial market stability, but only upon
>> transmittal
>> of such determination,
>> in writing, to the appropriate committees of Congress."
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 7 of 18
>> 8
>> 22. Pursuant to the Act, Congress authorized and directed Defendant
>> Paulson
>> to expend $40
>> billion in taxpayer funds to purchase preferred stock in AIG, which
>> further
>> supports and funds
>> the United States government's earlier acquisition of a 79.9% ownership
>> position in AIG.
>> 23. The Act seeks to "maximize[] overall returns to the taxpayers of the
>> United States." (12
>> U.S.C. § 5201). Consequently, as an owner of AIG, the United States
>> government has a vested
>> interest in ensuring the success of AIG and stands to profit by that
>> success, thus creating an
>> excessive government entanglement with the activities of AIG.
>> 24. By financially supporting and funding its ownership interest in AIG
>> with
>> $40 billion in
>> taxpayer money, maintaining a vested interest in the success of AIG, and
>> standing to profit from
>> that success, Defendant Paulson and the United States government have
>> insinuated themselves
>> into a position of interdependence with AIG so that they are in effect
>> joint
>> participants in the
>> challenged activities of AIG. Consequently, as a result of the Act and in
>> conjunction with the
>> federal government's prior ownership interest, Defendant Paulson and the
>> United States
>> government have created a symbiotic relationship with AIG such that AIG's
>> activities can be
>> fairly attributed to the federal government.
>> 25. The Act provides no mechanism by which Defendant Paulson, the Fed, or
>> any other
>> officer or agency of the federal government could police the expenditure
>> of
>> taxpayer funds to
>> ensure that they are not being used for an impermissible purpose, such as
>> funding Islamic beliefs
>> and practices as set forth in this Complaint.
>> 26. AIG employs consolidated financing; all of its funds are fungible and
>> they flow through a
>> single port. Therefore, all funds going to AIG, including those public
>> funds
>> appropriated by
>> Congress pursuant to the Act, are used to financially support all of
>> AIG's
>> activities, including its
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 8 of 18
>> 9
>> Islamic religious activities. Consequently, taxpayer money is being used
>> to
>> directly fund and
>> financially support Islamic religious activities.
>> 27. AIG engages in Shariah-compliant financing, which subjects certain
>> financial activities,
>> including investments, to the dictates of Islamic law and the Islamic
>> religion. This specifically
>> includes any profits or interest obtained through such financial
>> activities.
>> 28. An example of Shariah-compliant financing offered by AIG is Takaful
>> Insurance plans.
>> According to AIG, Takaful Insurance is "[i]nsurance that avoids
>> prohibited
>> elements in
>> accordance with the Sharia law." According to AIG, its Takaful products
>> are
>> Islamic because,
>> inter alia, AIG "do[es] not invest in anything that is haram" and it
>> "do[es]
>> not borrow, lend or
>> enter into any financial transaction that is unIslamic." According to
>> AIG,
>> "haram" is
>> "[p]rohibited elements in Islam according to Sharia."
>> 29. The Takaful Insurance business of AIG is pervasively sectarian. Its
>> secular purposes and
>> its Shariah-based Islamic religious mission are inextricably intertwined.
>> Consequently, federal
>> aid in the form of taxpayer funds is flowing directly to a pervasively
>> sectarian entity.
>> 30. According to AIG, it is "expanding its scope and vision to global
>> proportions providing a
>> range of Takaful products, including property & casualty, energy, accident
>> &
>> health, financial
>> lines, motor, [and] personal contents just to name a few. The phenomenal
>> growth of the Takaful
>> market is something that [AIG] as a market leader recognize[s]." AIG's
>> Shariah-compliant
>> financing "benefit[s] from AIG's disciplined global underwriting and
>> standards and 89 years of
>> experience in delivering innovative insurance solutions to the
>> international
>> community through a
>> network that currently spans more than 130 countries and jurisdictions,
>> reaching 74 million
>> customers." AIG has a "global expansion strategy" for its
>> Shariah-compliant
>> financing.
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 9 of 18
>> 10
>> 31. According to a December 2008 AIG news release, AIG has introduced "a
>> series of
>> Shari'ah-compliant (Takaful) product offerings in the U.S." These "newly
>> announced Takaful
>> products are compliant with key Islamic finance tenets."
>> 32. In the December 2008 news release, AIG states, "The introduction of
>> Takaful products in
>> the U.S. represents an important and emerging growth opportunity for AIG
>> Commercial
>> Insurance." Citing Ernst & Young's 2008 World Takaful Report in the news
>> release, AIG
>> claims that "Takaful was estimated to be a $5.7 billion market globally
>> with
>> over 130 providers
>> in 2006. The Takaful market is estimated to be in excess of $10 billion
>> by
>> 2010."
>> 33. Consequently, AIG's Shariah-compliant financing is benefitting
>> directly
>> from federal
>> taxpayer funds.
>> 34. Shariah, while often referred to as Islamic law, is considered by
>> Islamic religious
>> authorities to be the divine law of Allah which is articulated directly
>> to
>> man through the Quran
>> and indirectly through the canonical stories of Mohammed's life as told
>> through the aHadith
>> (plural of Hadith). AIG describes "Sharia" as "Islamic law based on Quran
>> and the teachings of
>> the Prophet (PBUH)." The "teachings of the Prophet" are a reference to
>> the
>> canonized aHadith.
>> 35. The Quran is considered by Islam to be the perfect expression of
>> Allah's
>> will for man.
>> Every word is considered perfect and unalterable except and unless
>> altered
>> by some subsequent
>> word of Allah. The aHadith—stories of Mohammed's life and behavior—are
>> also
>> considered
>> binding authority of how a Muslim must live.
>> 36. Islam holds that Allah is the sole true sovereign. He revealed to
>> Mohammed all matters
>> of life, politics, and religious law. Consequently, the religion of Islam
>> is
>> not merely one segment
>> of life; it regulates life completely, from the social and the political
>> to
>> the diplomatic, economic,
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 10 of 18
>> 11
>> and military. This combination of religion and politics as one is the
>> foundation of Islam, an
>> inseparable political/religious doctrine of Islamic governments, and the
>> basis of Muslim
>> loyalties. In this respect, the theo-political doctrine of Islam is
>> contrary
>> to the dictates of the
>> First Amendment's religion clauses.
>> 37. As explained by two international authorities of Shariah-compliant
>> finance, Mervyn K.
>> Lewis, a professor of finance in Australia, and Latifa M. Algaoud, a
>> senior
>> official in the Bahrain
>> Ministry of Finance, in their collaborative work, Islamic Banking:
>> Since Islamic law reflects the will of [Allah] rather than the will of a
>> human
>> lawmaker, it covers all areas of life and not simply those which are of
>> interest to a
>> secular state or society. It is not limited to questions of belief and
>> religious
>> practice, but also deals with criminal and constitution [sic] matters, as
>> well as
>> many other fields which in other societies would be regarded as the
>> concern
>> of the
>> secular authorities. In an Islamic context there is no such thing as a
>> separate
>> secular authority and secular law, since religion and state are one.
>> Essentially, the
>> Islamic state as conceived by orthodox Muslims is a religious entity
>> established
>> under divine law.
>> 38. In Shariah-based Islam's view, the world and mankind are divided into
>> two irreconcilable
>> groups: Dar Al Islam, the house of Islam, which is made up of adherents
>> to
>> Islam and where
>> Islamic law rules; and Dar Al Harb, the house of war, which is made up of
>> nonadherents and
>> where "infidels" (known as kuffars, or nonbelievers) live. Included among
>> the "infidels" are
>> Christians and Jews.
>> 39. According to Shariah-based Islamic teaching, all people will one day
>> accept Islam or
>> submit to its rule. The Quran commands, "Fight them until all opposition
>> ends and all submit to
>> Allah." (Quran 8:39).
>> 40. Jihad is another component of the theo-political doctrine of Shariah.
>> It
>> is considered a
>> communal religious duty for all Muslims throughout the world. The Quran
>> informs its followers
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 11 of 18
>> 12
>> that there is always a holy war being waged, and instructs them to
>> participate. For example, the
>> Quran sura 9:29 commands adherents of Islam to "fight against those who
>> do
>> not believe in God
>> or the judgment day, who permit what God and his messenger have
>> forbidden,
>> and who refuse
>> allegiance to the true faith." This Quranic verse is codified as
>> normative
>> law among all extant
>> schools of Islamic jurisprudence.
>> 41. The objective of jihad is not only to convert people to Islam, but
>> also
>> to gain political
>> control and exercise Islamic authority over a population so that society
>> lives and abides by the
>> principles of Islam—that is, so that society ultimately becomes Shariah
>> compliant.
>> 42. Compliance with Shariah with regard to war, politics, or financial
>> matters is achieved by
>> having a Shariah authority issue a fatwa or legal ruling which mandates a
>> certain behavior or in
>> the case of Shariah-compliant finance, approves the particular investment
>> or
>> type of financial
>> transaction.
>> 43. The role of the Shariah authorities is central to all Shariah
>> adherents.
>> As explained by
>> Professors Frank Vogel and Samuel Hayes, two of the leading experts and
>> proponents of
>> Shariah-compliant finance:
>> Islamic legal rules encompass both ethics and law, this world and the
>> next,
>> church
>> and state. The law does not separate rules enforced by individual
>> conscience
>> from
>> rules enforced by a judge or by the state. Since scholars alone are
>> capable
>> of
>> knowing the law directly from revelation, laypeople are expected to seek
>> an
>> opinion (fatwa) from a qualified scholar on any point in doubt; if they
>> follow that
>> opinion sincerely, they are blameless even if the opinion is in error.
>> 44. With the aid of public funds provided by the Act, AIG employs a
>> "Shariah
>> Supervisory
>> Committee," which is comprised of the following members: Sheikh Nizam
>> Yaquby
>> from
>> Bahrain, Dr. Mohammed Ali Elgari from Saudi Arabia, and Dr. Muhammed
>> Imran
>> Ashraf
>> Usmani from Pakistan. Dr. Usmani is the son, student, and dedicated
>> disciple
>> of Mufti Taqi
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 12 of 18
>> 13
>> Usmani, who is the leading Shariah authority for Shariah-compliant
>> finance
>> in the world and the
>> author of a book translated into English in 1999 that includes an entire
>> chapter dedicated to
>> explaining why a Western Muslim must engage in violent jihad against his
>> own
>> country or
>> government.
>> 45. According to AIG, the role of its Shariah authority "is to review our
>> operations, supervise
>> its development of Islamic products, and determine Shariah compliance of
>> these products and
>> our investments."
>> 46. Shariah compliance in financing is achieved by the avoidance of
>> interest, risk (typically
>> understood as uncertainty or speculation), and certain types of
>> prohibited
>> industries (relating to
>> activities considered haram or "forbidden," such as the pork and
>> alcohol-beverage industries,
>> pornography, gambling, interest-based financing, and industries
>> supporting
>> the United States
>> military). According to AIG, its Shariah-compliant subsidiary does not
>> enter
>> into any financial
>> transaction that is "unIslamic."
>> 47. Shariah compliance also includes a focus on "purification," which has
>> two separate
>> elements. One element of this "purification" is a form of obligatory
>> charitable contribution
>> called zakat, which is considered a spiritual purification. Zakah
>> (sometimes
>> referred to as zakat),
>> which literally means purification, is a form of religious tax for
>> assisting, inter alia, those that
>> "struggle [jihad] for Allah." The amount is between 2.5% and 20%,
>> depending
>> upon the source
>> of the wealth.
>> 48. The zakat religious tax is used to financially support Islamic
>> "charities," some of which
>> have ties to terrorist organizations that are hostile to the United
>> States
>> and all other "infidels,"
>> which includes Christians and Jews. The Holy Land Foundation for Relief
>> and
>> Development,
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 13 of 18
>> 14
>> recently convicted for providing material support to Islamic terrorist
>> organizations, is an example
>> of an Islamic "charity" that qualifies for receipt of the zakat. A
>> Catholic
>> charity, however, is not
>> qualified to receive this religious tax because Catholicism is considered
>> kufr or idol worship,
>> which is a far more serious "crime" under Islamic law than even
>> pornography.
>> 49. As a direct consequence of the taxpayer funds appropriated and
>> expended
>> by the Act to
>> purchase and financially support AIG, the United States government is now
>> the owner of a
>> corporation engaged in the business of collecting religious taxes to fund
>> interests adverse to the
>> United States, Christians, Jews, and all other "infidels" under Islamic
>> law.
>> 50. The other "purification" element is the purification of a
>> Shariah-compliant investment or
>> financial transaction that has been tainted with forbidden revenue,
>> whether
>> from interest, illicit
>> speculation, or a forbidden commercial enterprise, such as the pork
>> industry
>> or an industry that
>> supports the United States military. In this latter meaning of
>> "purification," the forbidden funds
>> must be disgorged by donating the money to an acceptable Islamic
>> "charity,"
>> but this charitable
>> donation will not count toward a Muslim investor's zakat requirement.
>> Acceptable Islamic
>> "charities" necessarily exclude any Christian or Jewish charity.
>> 51. Shariah compliance requires strict adherence to Islamic law; it is
>> not
>> "moderate" in its
>> application of the dictates of Islam as set forth in the Quran and the
>> Hadith.
>> 52. In addition to the government funding and owning of AIG through the
>> appropriation and
>> expenditure of taxpayer funds, Defendant Paulson has adopted on behalf of
>> the United States
>> government a broad policy and practice of approving, endorsing,
>> promoting,
>> funding, and
>> supporting Shariah-compliant finance. This policy and practice has been
>> adopted by the Fed,
>> and it was implemented through the federal government's ownership of AIG.
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 14 of 18
>> 15
>> 53. In November 2008, Defendant Paulson sponsored a "forum" for the
>> staffs
>> from U.S.
>> banking regulatory agencies, Congress, the Department of the Treasury,
>> and
>> other parts of the
>> Executive Branch. This governmental forum was conducted in association
>> with
>> the Islamic
>> Finance Project from Harvard Law School and was directed toward
>> government
>> policy makers.
>> The forum, entitled "Islamic Finance 101," was a government approval,
>> endorsement, and
>> promotion of Shariah-compliant financing and thus a government
>> endorsement
>> of the Islamic
>> religion and its beliefs.
>> 54. This policy and practice of approving, endorsing, promoting, funding,
>> and supporting
>> Shariah-compliant finance is applicable throughout the United States
>> government and its
>> agencies.
>> CLAIM FOR RELIEF
>> (First Amendment—Establishment Clause)
>> 55. Plaintiff hereby incorporates by reference all above-stated
>> paragraphs.
>> 56. By reason of the aforementioned Act, which was enacted by the United
>> States Congress
>> pursuant to Congress' taxing and spending power, Congress appropriated
>> taxpayer money and
>> authorized Defendant Paulson to expend $40 billion of this money to
>> directly
>> fund and
>> financially support the government's majority ownership interest in AIG
>> and
>> to directly fund and
>> financially support Islamic religious activities. As a direct consequence
>> of
>> the Act, Defendant
>> Paulson has authorized the use of taxpayer money to fund Islamic
>> religious
>> activities that are
>> anti-Christian, anti-Jewish, and anti-American. The use of these taxpayer
>> funds to approve,
>> promote, endorse, support, and fund Islamic religious activities and
>> practices that are hostile to
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 15 of 18
>> 16
>> Christians, Jews, and other "infidels" violates the Establishment Clause
>> of
>> the First Amendment
>> to the United States Constitution.
>> 57. Defendants' policy and practice of approving, endorsing, promoting,
>> funding, and
>> supporting Shariah-compliant finance as set forth in this Complaint
>> violates
>> the Establishment
>> Clause.
>> 58. The United States government's ownership interest in AIG, which
>> includes
>> AIG's
>> Takaful Insurance, a pervasively sectarian business, violates the
>> Establishment Clause.
>> 59. The use of taxpayer money to directly fund and financially support
>> AIG's
>> Takaful
>> Insurance, a pervasively sectarian business, violates the Establishment
>> Clause.
>> 60. The appropriation and expenditure of taxpayer funds to AIG pursuant
>> to
>> the Act and the
>> policies and practices of Defendants with regard to Shariah-compliant
>> finance as set forth in this
>> Complaint send a message to Plaintiff, who is a non-adherent to Islam,
>> that
>> he is an outsider, not
>> a full member of the political community, and an accompanying message to
>> those who are
>> adherents to Islam that they are insiders, favored members of the
>> political
>> community in
>> violation of the Establishment Clause.
>> 61. The appropriation and expenditure of taxpayer funds to AIG pursuant
>> to
>> the Act and the
>> policies and practices of Defendants with regard to Shariah-compliant
>> finance as set forth in this
>> Complaint lack a valid secular purpose, have as their primary effect the
>> advancement of the
>> Islamic religion, and require excessive entanglement between the federal
>> government and the
>> Islamic religion in violation of the Establishment Clause.
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 16 of 18
>> 17
>> 62. As a direct and proximate result of Defendants' violation of the
>> Establishment Clause of
>> the First Amendment, Plaintiff has suffered irreparable harm, including
>> the
>> loss of his
>> constitutional rights, entitling him to declaratory and injunctive
>> relief.
>> PRAYER FOR RELIEF
>> WHEREFORE, Plaintiff asks this Court:
>> A) to declare that Defendants violated the Establishment Clause of the
>> First
>> Amendment to the United States Constitution as set forth in this
>> Complaint;
>> B) to declare that Congress' disbursement of public funds to AIG pursuant
>> to
>> the Act
>> violated the Establishment Clause of the First Amendment to the United
>> States Constitution as
>> set forth in this Complaint;
>> C) to declare that Defendants' policy and practice of approving,
>> endorsing,
>> promoting, funding, and supporting Shariah-compliant finance violates the
>> Establishment Clause
>> of the First Amendment to the United States Constitution as set forth in
>> this Complaint;
>> D) to declare that the United States government's majority ownership
>> interest in AIG
>> violates the Establishment Clause of the First Amendment to the United
>> States Constitution as
>> set forth in this Complaint;
>> E) to permanently enjoin the improper disbursement of public funds to AIG
>> as
>> set
>> forth in this Complaint;
>> F) to permanently enjoin Defendants' policy and practice of approving,
>> endorsing,
>> promoting, funding, and supporting Shariah-compliant finance as set forth
>> in
>> this Complaint;
>> G) to permanently enjoin the United States government's improper
>> ownership
>> interest in AIG as set forth in this Complaint;
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 17 of 18
>> 18
>> H) to award Plaintiff his reasonable attorney fees, costs, and expenses
>> pursuant to 28
>> U.S.C. § 2412 (the Equal Access to Justice Act), and other applicable
>> law;
>> I) to grant such other and further relief as this Court should find just
>> and
>> proper.
>> Respectfully submitted,
>> THOMAS MORE LAW CENTER
>> /s/ Robert J. Muise
>> Robert J. Muise, Esq. (P62849)
>> LAW OFFICES OF DAVID YERUSHALMI
>> David Yerushalmi, Esq.* (Ariz. Bar No. 009616; DC Bar No.
>> 978179; Cal. Bar No. 132011; NY Bar No. 756206)
>> *Application for admission to this court pending
>> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 18 of 18
>>
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