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Consequently, the Government ignored direct

testimony that the Little Angels Art School was a program of

the Unification Church and that Reverend Moon disbursed

funds to the School through the Korean Cultural and Freedom

Foundation in his capacity as head of the Unification

Church.

The Government, moreover, presented this case to

the jury in such a manner that even if the jury found that

every dime of the Chase Manhattan funds had been directed toward Church activities, it nevertheless could have

convicted Reverend Moon, finding that such funds "belonged"

to him.

CONCLUSION

During the recent hearing on Reverend Moon's

motion to reduce his prison sentence, the trial judge

(Footnote Continued) contolled by Reverend Moon:

Do you know who the Chairman of the
Board of Directors of the Korean Cultural and
Freedom Foundation was in the years 1971 through
1975?

A:

I cannot recall the details, but I
understand that at the time of the establishment
of the Foundation former Presidents Eisenhower and
Truman served as advisers and they encouraged the
establishment of the Foundation.

And did anyone tell Eisenhower and Truman that Reverend Moon was involved in this -(TR. 5602-5603.)

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questioned the reliability of Reverend Moon's attorneys'

characterization of his trial:

I find it difficult to understand how
prominent, reliable religious leaders, columnists,
public officials, could accept from his attorneys
a view as to what the trial concerned, not having
been present himself, not having read the
transcript of the trial. In his recent plea to
Congress that he was being prosecuted solely
because of his religious views, he totally
misstated what was involved in the prosectution.
(p. 24, Hearing on Motions to Reduce Sentence,
July 18, 1984.)

The extracts which have been included in these comunents are intended primarily to demonstrate individual attitudes and prejudices relevant to the Subcommittee's inquiry regarding the present-day status of religious freedom in the United States. At the same time, however, we hope that this document may also shed light on many of the substantive issues which were addressed in the prosecution of Reverend Moon. It is our sincere belief that these conments fully support the conclusion that Reverend Moon was prosecuted solely because of his religious affiliation. Further, we believe that the tenor of the trial suggests that this was not simply a tax case involving an individual taxpayer, but rather a trial of the Unification Church, its beliefs, its religious principals, and its religious practices. The Church was tried and convicted through inflammatory appeals to the widespread negative

preconceptions and biases existing against the Church in the

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United States, as reflected through the jurors who were selected to hear this case.

In conclusion, therefore, we believe that these comments responsibly address the questions raised during this Subommittee's hearing on June 26, 1984 concerning the fairness of the legal system in relation to the freedoms guaranteed by the First Amendment. The purpose of this document is not so much to allege and analyze structural prejudices within the system of American Justice as it is to document the very real and disconcerting denial of fundamental fairness to a major religious figure in the context of a specific Federal prosecution. It is our hope that these comments will foster further discussion and debate in the public interest with respect to the vital issues of religious freedom currently before the Subcommittee. If the Subcommittee finds, in fact, that the Unification Church was not accorded the full protection guaranteed by the Constitution, as we believe it will, we would sincerely recommend that a thorough examination be conducted of Government practices, as exemplified by Reverend Moon's indictment, trial and conviction.

Respectfully submitted,

Edward F. Canfield
Robert E. Heggestad
Mark S. Weiss

Counsel For the Unification

Church of America

August 13, 1984

Casey, Scott & Canfield, P2C.

Attorneys at Law

524 National Place 139 Pennsylvania Avenue, N. W.

Washington, D.C. 20004

(202) 789-6490

December 10, 1984

Honorable Orrin G. Hatch
Subcommittee on the Constitution
United States Senate Committee

on the Judiciary
Suite 135, Russell Building
Washington, D.C. 20510

Dear Mr. Chairman:

The enclosed comments are submitted on behalf of the Unification Church of America for inclusion in the permanent record made in connection with the Subcommittee's June 26, 1984 hearings concerning Religious Liberty in the United States. We request that these comments be accepted as a supplement to our written comments which were previously submitted on behalf of the Unification Church of America on August 15, 1984.

The August 15, 1984 submission contended that the prosecution of Reverend Moon's trial had been conducted in a fundamentally unfair manner and that the proceedings against Reverend Moon resulted in an attack upon the Unification Church itself, questioning both the validity of its theological tenets and the professed faith of its numerous adherents. These additional comments, which focus on the circumstances surrounding the prosecution of Reverend Moon's co-defendant, Takeru Kamiyama, lend further support to the disturbing conclusion that the criminal proceedings against Reverend Moon and Mr. Kamiyama failed to comport with minimal standards of moral and substantive justice. These comments lend credence to the conclusion that such proceedings were motivated and sustained whether consciously or not by the improper influence of religious intolerance and bigotry.

Mr. Kamiyama's conviction for false swearing was based, as discussed in these comments, upon a misinterpretation of both his testimony before the Grand Jury and the

prosecutor's questions to Mr. Kamiyama in English. This misinterpretation was a direct result of the government's selection of an incompetent rather than a competent interpreter. Accordingly, we have also submitted for inclusion in the hearing record, a memorandum addressing the substantive requirements of the Court Interpreters Act, 28 U.S.C. $1827, et seq., and the applicability of the Act to the present case. We feel that Mr. Kamiyama and Reverend Moon would not have been indicted and prosecuted if a qualified Grand Jury interpreter had been retained and Mr. Kamiyama's testimony had been properly interpreted.

Finally, we wish to express our appreciation to both you and your staff, particularly Dee Benson, Esquire. The dedication of your office to the principles of the First Amendment and your practical assistance in our investigation of the Moon/Kamiyama prosecution are greatly appreciated. We are hopeful that these efforts will continue in order to ensure that Religious Liberty and the Constitutional Rights of both English and non-English speaking individuals will be protected.

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