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 > > ���������������������������������������������������������¤ > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface > at: http://listserv.icors.org/archives/gambia-l.html > > To Search in the Gambia-L archives, go to: > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l > To contact the List Management, please send an e-mail to: > [log in to unmask] > ���������������������������������������������������������� ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤