When Terrorists Learned ‘Lawfare’ Works: The Holy Land Foundation Trial’s 10-Year Anniversary

Excerpt:

In November, a writer for the American Thinker called to ask for my recollections about covering the trials and tribulations of what is often described as the largest terrorist fundraising operation in U.S. history. It hadn’t occurred to me, but the 10-year anniversary of the “Holy Land Foundation Five” convictions in a Dallas federal courtroom has unexpectedly arrived.

The call from the American Thinker triggered even older memories related to the Holy Land Foundation case, and of the related case against Infocom Corporation: I had become one of the first U.S. targets of Islamist “lawfare,” a term reflecting the tactic of filing high-expense civil litigation to silence and delegitimize opponents. I had been placed on a Muslim community “blacklist” and labeled a Muslim-hater for doing my job. I remembered feeling shocked and betrayed by having seen, for the first time up close and personal, how a pressure campaign by criminal suspects could, like a paper cup, collapse the journalistic ideal of boldly defiant truth-telling.

Todd Bensman is an editorialist, media commentator, and investigative author who served as Senior Adviser to the National Counterterrorism Center, Border Czar Tom Homan, and the ICE Officer of Director (2025-2026). He currently serves as Senior Research Fellow for The Heritage Foundation’s Border Security and Immigration Center. From 2009-2018, he worked as a manager and analyst in the Texas Department of Public Safety’ Intelligence and Counterterrorism Center managing a counterterrorism unit. As a Senior Fellow for tue Center for Immigration Studies (2018-2025), he authored the 2023 book OVERRUN, How Joe Biden Unleashed the Greatest Border Crisis in U.S. History (Posthill Press/Bombardier Books) and also America’s Covert Border War: The Untold Story of the Nation’s Battle to Prevent Jihadist Infiltration (Posthill Press/Bombardier Books, February 2021). He is a former newspaper reporter of 23 years and two-time National Press Club award winner for foreign reporting. He has worked in 40 countries. He has testified before Congress as an expert witness and regularly appears on radio and television outlets to discuss national security, illegal immigration and border security matters.
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