Del. Thomas Rust (R-86) has returned a campaign contribution made by a Muslim-American business to help him in his 2003 re-election effort.
The business is one of those that was raided by federal agents last March. While the investigation is ongoing, no indictments have come as a result.
The donor and several other groups and individuals targeted in the raids have filed suit against the federal government asking that their possessions still held by the government be returned immediately.
Rust, who would not name the donor, said he returned the money on the advice of his lawyer.
"I simply followed the legal advice that I had gotten," he said.
"I simply took the most conservative approach to remove any question about it," he added, noting that the contribution could prove to be "potentially embarrassing" for both him and the company.
"I just thought it was better for them and for me," he said, adding that he wanted to be "on the safe side."
So far, Rust has collected about $17,000.
THE DONOR refused to comment for this story because the suit against the government is still pending.
But Mookit Hossain, a community activist in Northern Virginia who has worked with the Muslim community said members of the community are upset at Rust's action, which occurred several weeks ago.
"When you are returning campaign contributions what are you telling the Muslim community?" he asked.
Campaign contributions are a legitimate expression of First Amendment rights, he added.
"The elected officials have a responsibility to uphold the law and the constitution in this country," he said.
Rust said he has had good ties with Muslims in his district for the past 10 years and that returning the money is not an indication of a shift on his part.
"Certainly I would hope that that community would not take it as a reflection on the community or that company," he said. "I'm just being very cautious."
"They're constituents of mine, just like everyone," he said.
When he returned the check, Rust also included a handwritten note, explaining his decision to the donor.
The note "said words to the effect that I continue to want their support and they were invited to all my campaign events," said Rust.
He also attended an open house on Sunday at a new mosque and community center in Sterling. The center is run by the All Dulles Area Muslim Society. The mosque was vandalized late Friday night or early Saturday morning.
"The incidents that have occurred have been very unfortunate," he said.
He added that the incidents were perpetrated by a very small minority in the community.
"Hopefully, ... the law will catch them and punish them," he said.
MUSLIM-AMERICANS have donated substantial amounts of money to both Democratic and Republican candidates in recent years. For instance, Yakub Mirza, the treasurer of the Herndon-based Saar Foundation, a charity organization, gave $300 to U.S. Rep. James Moran (D-8) in 2001 and another $1,000 to the congressman in 2002. Mirza also contributed $200 to the National Republican Senatorial Committee in 1999 and $1,000 in 2000 to Spencer Abraham, who was then a Republican senator from Michigan.
The Saar Foundation was one of the groups raided by federal agents in March
Michael Lane, the campaign manager for Republican challenger Scott Tate, who is trying to unseat Moran this year, criticized Moran for accepting the contributions, saying the donors have "direct ties to known terrorist organizations."
But so far no link has been established between the donors who were raided earlier this year and terrorist groups.
"These people have neither been detained nor charged nor arrested nor implicated in any crime," said Dan Drummond, a Moran spokesman. "Obviously if these individuals were ever charged with a crime we'd re-evaluate the situation."
But Drummond added that Moran had returned a contribution from Abdurahman Alamoudi, a donor who has spoken out in favor of groups such as Hamas or Hezbollah.