Patrick Fitzgerald
Assistant United States Attorney
United States Attorney
Southern District of New York
1 St. Andrews Plaza
NEW YORK, N.Y. 10013

Re: Imam Moataz Al-Hallak

Dear Mr. Fitzgerald:

I am writing to advise the government that I have been retained to represent Imam Al-Hallak who, based upon your apparent recent in-court proffer, would appear to be the subject, if not a target, of an on-going investigation by your Office and others into the two recent bombings of U.S. embassies in Africa and other related matters as well. In that regard, please be advised that pursuant to Imam Al-Hallak's federal and state rights to counsel no one affiliated with law enforcement be they prosecutors or agents on a Federal, State or local level whether based in New York, Texas or elsewhere should attempt to interview my client or his family in my absence. In addition , I would ask you to take all necessary measures to ensure that no informants working with or at the behest or knowledge of the government should endeavor to reach out to my client in an effort to circumvent the constitutional rights enjoyed by he and his family.

Moreover, please consider this letter as a formal protest against the government's recent attack upon my client's good name both in and out of court. Although the Islamic community has, tragically, been victimized over the last several years by the government's calculated attempt to paint it with broad brush in order to deter and to punish it for protected speech, association and religious practice, your recent attack upon this highly respected Imam is as untrue and it is unprecedented.

While the government certainly enjoys some modicum of immunity from suit for proffers it may make to the court, it is well settled that it enjoys no such protection for the dissemination of false extrajudicial statements. Yet, that is precisely what has occurred here as a result of a recent public attack upon my client's reputation by various unnamed federal officials who, by smoke and mirrors, have attempted to connect him to the alleged misdeeds of Osama bin Laden.

Without commenting about what credible evidence, if any, the government may have connecting Osama bin Laden to any criminal conduct either here or abroad, suffice it to say the government is well aware that there exists absolutely no credible evidence which connects Imam Al Hallak to any crime at any time or any place. Notwithstanding this, the government in direct violation of Department of Justice Guidelines and in contravention of my client's constitutional rights to speech, association and religious practice, has elected to single out this uncharged religious leader for an unfair and untrue attack that has caused significant distress not just to he and his family, but the broader Islamic community as well.

Accordingly, unless your Office undertakes immediately to stop this patently false, malicious and slanderous public attack upon Imam Al Hallak we will have no choice but to undertake a suit in federal court.

Very truly yours,

Stanley L. Cohen, Esq.
SLC/mpb