[3] On October 20, 2010, Judges Garza, Benavides, and Crone of the Fifth Circuit Court of Appeals found that the U.S. Department of Justice violated the Fifth Amendment rights of the North American Islamic Trust (NAIT), and by implication the rights of more than 300 similarly-named Muslim organizations and individuals, such as CAIR, when it included them on the publicly-filed unindicted co-conspirator list in 2007.
The court also ruled that inclusion on the list was the result of "simply an untested allegation of the Government made in anticipation of a possible evidentiary dispute that never came to pass."
In 2011, Attorney General Eric Holder indicated that Department of Justice officials determined after "looking at the facts and the law, a prosecution would not be appropriate."
[7] NAIT offers waqf protection to properties of mosques, safeguards these community assets, and ensures their conformity to Islamic purposes.
"[12] In 2009, U.S. District Court Judge Jorge Solis found that the Justice Department violated the Fifth Amendment rights of the NAIT and CAIR in 2007 by including them on the co-conspirator list.