Last July, as the threat of the Gaza Flotilla loomed, Shurat HaDin brought a civil action in federal court in Washington, DC seeking to seize all the boats that had been purchased by the extremist groups to breach the IDF’s naval blockade of the Hamas controlled Gaza Strip. The proceeding was brought on behalf of a terror victim, Alan Bauer, under the Neutrality Act (18 USC § 962) which makes it illegal “to furnish, arm, fit out, or attempt to furnish, arm or fit out any vessel for hostile use against a foreign country that is at peace with the United States.”
We alleged that funds for the Gaza Flotilla ships and their cargo were illegally raised in the United States by anti-Israel extremist groups and that the flotilla constituted a naval expedition against Israel, an American ally. The Neutrality Act, which was legislated by Congress in 1794, was originally intended as an anti-piracy law to deter American “privateers” from raiding British ships on their way to the Caribbeans. The statute contains a criminal penalty section as well, providing for fines or imprisonment of individual violators. It also contains, however, a separate civil forfeiture provision that allows the seizure of any vessel employed for such purposes.
The forfeiture provision states: “Every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited, one half to the use of the informer and the other half to the use of the United States.” This means that after informing the Attorney General Eric Holder of the Flotilla organizers illegal activities in the US, the terror victim complainant had the right to receive a court order saying the ships have been forfeited to him. After seizing them, he is then is required to sell them off – giving half the proceeds to the US government and being able to keep the other half for himself. The suit, captioned Bauer v. Mavi Marmara (after the main Turkish flotilla ship operated by the extremist Islamic terrorists), took the court by surprise. Barely anyone had ever litigated under the Neutrality Act of 1794 and most of the prior decisions went back to the 1800s.
After we filed suit, the court immediately issued an Order to Show Cause asking us to explain why we felt that Bauer had a right to bring the action and not just the US government? It was our contention that the right to file for the civil forfeiture under the Neutrality Act was not limited to just the government but could be brought by any private US citizens as well. After all, if the US government refused to move against the extremist organizers of the Gaza Flotilla that threatened an American ally like Israel after the case had been laid out for them why shouldn’t energetic private individuals be entitled to do so?
We filed our response to the Order to Show Cause and awaited the court’s ruling.
Instead of ruling however, the court after many months has decided to ask the US government its opinion! The court has issued an order asking the government for a “Statement of Interest” to see if it believes a private citizen can bring such a forfeiture action. I must tell you asking any government whether it has an exclusive right to seize property or whether private citizens should share the right as well is a very loaded question. Now what government wants to share its power with anyone, especially the forfeiture powers it zealously safeguards, and especially not its law enforcement authority with ordinary private citizens? The US government has until June 29, 2012 to respond.
We are asking that you weigh in with your opinion as well. Please email the US Attorney for the District of Columbia, Ronald C. Machen Jr., and Attorney General Eric Holder and let them know that you feel private US citizens have the right to seize the ships being used in hostile actions against American allies like Israel. Ask them to either support Bauer’s right to seize the Turkish Flotilla ship, the Mavi Marmara, or minimally, to state that the government has no interest at all. The case can be referenced as: Bauer v. Mavi Marmara (11-1267).
US Attorney for the District of Columbia, Ronald C. Machen Jr. can be emailed at: dc.outreach@usdoj.gov.
Attorney General Eric Holder can be emailed at: askdoj@usdoj.gov.
For a copy of our response to the court’s Order to Show Cause click here.
For a copy of the court’s recent order for a Statement of Interest from the government click here.
There are still few spots open -please join us on the July Ultimate Mission©to Israel – July 9th thru 16th: http://israellawcenter.org/page.asp?id=331.
The U.S. is being kicked around by Islamic powers with President Obama’s approval.
Support Bauer v. Marmara (11-1267). We must support Israel as God has commanded
us. Let’s stand up for our interests as well. See Gen. 12:3.