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Santanfara
3460 Posts |
 Posted - 03 Feb 2009 : 00:50:28
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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
rmuise@thomasmore.org
(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
david.yerushalmi@verizon.net
(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:
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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,
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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
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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.
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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-
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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
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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.”
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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
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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.
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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,
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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
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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
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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
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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.
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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
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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.
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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;
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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
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Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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kayjatta
2978 Posts |
Posted - 03 Feb 2009 : 07:55:52
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While I do not adhere or believe in Islamic Finance, I think this case will be thrown out of court. It is one of the frivolous cases that clog the court system annually.
Its argument is based on the "Establishment clause" of the "Religious clause" of the First Amendment of the U.S. Constitution. The Establishment Clause simply prohibits:
1. Congress from establishing a national religion. Therefore, while most citizens of the U.S. are Christians, U.S. has no national religion legally speaking.
2. The preference of one religion over another. All religions are treated equally in the U.S., government does not interfere in religious matters.
3. The support of a religious idea without clear and identifiable secular purpose.
Therefore,firstly the defendant did not violate any of the above rules. The Treasury (Paulson) and the Congress did not establish Islam as the national religion by bailing out AIG some of whose operations involve Islamic finance.
Secondly, by bailing out AIG, some of whose operations include Islamic Finance, the Traesury and the Congress did not treat islam or Islamic ideas preferentially than Christianity or Judaism. If anything there is only equal treatment.
Thirdly, the bail out of AIG is done based on a clear, indetifiable secular reason-that is to rescue the U.S. economy and save the generality of U.S. citizens and consumers from economic hardship. It is not to support Islamic Sharia law.
See Some Examples of Frivolous Lawsuit Cases below from Tort Law:
1. The television show "Jackass" is being sued by a Montana man for plagiarizing his name, copyright and trademark infringement and defamation of character as well. In 1997, this Montana man legally changed his name to Jack Ass in order to raise public awareness about the perils of drunken driving. Mr. Jack Ass is seeking $10 million in damages.
2. A woman who attended 'Halloween Horror Nights' at Universal Studios is suing for $15,000 in damages for extreme fear, emotional distress and mental anguish.
3. Barney the Dinosaur sues the San Diego Chicken. The San Diego Chicken is a sports stadium mascot who, while doing a routine, pummeled a Barney look-alike. The judge threw out the case saying that the act was clearly parody and would not cause trademark confusion.
4. A California couple sued Bally Health Club for loss of consortium and emotional distress for a cyberspace romance on the man's part. Apparently, the man cut his hand on the towel dispenser at the health club sending him home for a few days where he decided to roam in an online romance.
5. A man is suing the Utah State Prison, saying the prison is violating his right to practice his religion by failing to provide him with a "vampire" diet. The man also filed a complaint that he was denied a conjugal visit with his "vampress" and denied to right to the sacrament of drinking blood.
Warning: This is not a legal advice. It is only a discussion. Kayjatta is not an attorney and does not provide legal advice.
Furthermore, this discussion above is not conclusive in that Kayjatta has not conducted a thorough legal research as to the facts and the applicable laws concerning this topic.
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Edited by - kayjatta on 03 Feb 2009 08:01:38 |
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Santanfara
3460 Posts |
Posted - 03 Feb 2009 : 10:41:50
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| Good points kay, the U.S is a legal hot spot then. folks can sue for every thing. AIG can easily sell-off the Islamic base insurance arms takaful, that industry is growing even in the Gambia. It operate on similar basis like the cooperatives. It avoids usury and investment in unislamic enterprises. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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mansasulu
997 Posts |
Posted - 03 Feb 2009 : 15:04:52
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Couldn't agree more with your brief analysis Kay. Nicely put there.
I think we could add to the list of frivolous claims that of former Nebraska state senator Ernie Chambers when he sued God in 2007 for "causing widespread deaths and destruction among the earth's inhabitants." Needless to say, the judge threw out the case because apparently God could not be properly served because his home address was not available. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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Santanfara
3460 Posts |
Posted - 03 Feb 2009 : 15:36:35
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| Mansa, that reminded me of a film acted by a scotish comedian Billy Conolly in Australia. His boat was distroyed by a hurricane. his insurance company refuse to compensate because of the natural desaster clause. he then went further suing God and that God have to be represented by the Churches in court. An interesting comedy but the facts exposes the insurance business. may be meme can correct me if the narrations are wrong. |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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