America’s jaundiced justice-UPDATE
April 13, 2012 1 Comment
Tarek Mehanna of Sudbury, Massachusetts was convicted on terrorism charges last year and sentenced to 17.5 years in prison earlier this month for viewing and translating jihadi videos online thereby giving material add to a terrorist organization and lying to federal authorities. His prosecution also included mention of a trip Mehanna made to Yemen where it is said he tried to enter a ‘terrorist training camp’, but after a brief stay, a week, in that country unable to connect with any terrorists returned to America. What he did when he returned from his travel in 2004 was lend ‘CDs to people in the Boston area in order, as the prosecution asserted, to create like-minded youth discuss with friends his views of suicide bombings, the killing of civilians, and dying on the battlefield in the name of Allah, translate texts that were freely available online and look for information there about the 19 9/11 hijackers . He even inquired into how to transfer files from one computer to another, and how to keep those files from being hacked’ oh and he lied to the government about his activity. For all that he was sentenced to over 17 years in jail. The charges against him were/are so egregious that the ACLU filed an amicus curiae brief , denied by the trial judge, which stated the defendant
“engaged in discussions and watched and translated readily available media on the topics of global politics, wars, and religion, all of which are topics of public concern. That his views may be offensive or disagreeable, or that they may ‘create like-minded youth,’ is of no consequence to the heightened protection to which his expression is entitled as a result of the First Amendment.”
The executive director for the ACLU in the state of Massachusetts went on record in an op ed to suggest the First Amendment right to freedom of speech doesn’t apply to Muslim Americans, like Mehanna
Not only did the prosecution and judge shun any discussion of what the First Amendment protects and does not protect. They steered clear of the Supreme Court’s 2010 Holder v.Humanitarian Law Project ruling which criminalizes any kind of “material support” if carried out in connection with a group on the State Department’s terrorism list, while upholding “independent advocacy,” even of the most controversial kind.
While the prosecution showed 9/11 videos to the jury and sprinkled its language during the trial and in its sentencing memorandum with repeated references to al Qaeda, the defense maintained that “the government has from the beginning of the case attempted to portray Mehanna as weaving some kind of spell over others to bring them into a terrorist cell. This is a fantasy of the government’s own making.”
Mehanna’s translations were independent advocacy, the defense claimed, and the government had never proven otherwise.
In her closing argument during the trial, defense attorney Janice Bassil stated that “the only idea that Tarek Mehanna had in common with al Qa’ida is that Muslims had the right and the obligation to defend themselves when they were attacked in their own lands. And we believe that. When the British came to reassert their hold over America – let’s face it, we were a colony – we fought back. We rebelled. We defended our land.”
The lesson of the Mehanna case is that where Muslims are concerned, sentiments like these could constitute ‘thought crime.’
In other words, Muslim defendants can expect to face the full brunt of the law for crimes which other Americans go free. In the case of the militia group, the Hutaree, the defendants in that case were on record advocating crimes and violence against Americans and had amassed weapons with which to carry out their crimes. Moreover, there were seven defendants in that case as opposed to Mehanna and his two co-defendants, yet the judge in the Hutaree case proclaimed those defendants had protected First Amendment rights, and we hailed that decision here on Miscellany101 as an appropriately just one. In fact we posted
Roberts took the concept of freedom of speech to the very limits of the law and concluded that while what the defendants said was horrible, scary, frightening, absent any defined and definite action to do what they said they wanted to do, they had the right to that speech and opinion. (You can read more about the acquittals here) In today’s America that’s an extraordinary position to take, considering the slightest innuendo is enough to get you locked up for life, depending upon your political, religious and/or racial inclinations. If you looked at the way the trial was conducted it follows so closely with all the other federal prosecutions of people related to terrorism offenses but with a far different outcome. I assert the difference was this judge, Victoria Roberts got it right…..
However such judicial standard was absent in Mehanna’s trial and one can see why. America is still consumed with its hatred and fear of things dark, foreign and Islamic. The standard of administering justice for people with those attributes who come before the American judicial system is lower, more certain to have the full might of America’s judiciary brought to bear with the lengthiest and harshest of punishments. The Hutaree benefited from American justice as it should be applied to all; Mehanna was a victim of it and because of the way it was administered in his case, the likelihood is that all others who come before it that look like him, or believe as he does, might very well be its victims too.
Danios at Loonwatch.com does an excellent job of dissecting the writing and thinking of Mehanna in a piece he wrote on his blog here. The bottom line is there is no proof Mehanna tried to incite people ANYWHERE to kill civilians and especially in America….nor surprisingly, is there very little textual evidence that Mehanna was a supporter of any terrorist organization he was linked to during his trial. Glen Greenwald also tackles the Mehanna case and includes the full speech Ahmed Mehanna gave to the court at his sentencing hearing. I include it here because it speaks to a frame of mind most Americans have had about the thought of injustice either at home or abroad. Mehanna, born and raised in America and an American citizen is no different.
TAREK’S SENTENCING STATEMENT
APRIL 12, 2012
Read to Judge O’Toole during his sentencing, April 12th 2012.
In the name of God the most gracious the most merciful Exactly four years ago this month I was finishing my work shift at a local hospital. As I was walking to my car I was approached by two federal agents. They said that I had a choice to make: I could do things the easy way, or I could do them the hard way. The “easy ” way, as they explained, was that I would become an informant for the government, and if I did so I would never see the inside of a courtroom or a prison cell. As for the hard way, this is it.
Here I am, having spent the majority of the four years since then in a solitary cell the size of a small closet, in which I am locked down for 23 hours each day. The FBI and these prosecutors worked very hard-and the government spent millions of tax dollars – to put me in that cell, keep me there, put me on trial, and finally to have me stand here before you today to be sentenced to even more time in a cell.
In the weeks leading up to this moment, many people have offered suggestions as to what I should say to you. Some said I should plead for mercy in hopes of a light sentence, while others suggested I would be hit hard either way. But what I want to do is just talk about myself for a few minutes.
When I refused to become an informant, the government responded by charging me with the “crime” of supporting the mujahideen fighting the occupation of Muslim countries around the world. Or as they like to call them, “terrorists.” I wasn’t born in a Muslim country, though. I was born and raised right here in America and this angers many people: how is it that I can be an American and believe the things I believe, take the positions I take? Everything a man is exposed to in his environment becomes an ingredient that shapes his outlook, and I’m no different. So, in more ways than one, it’s because of America that I am who I am.
When I was six, I began putting together a massive collection of comic books. Batman implanted a concept in my mind, introduced me to a paradigm as to how the world is set up: that there are oppressors, there are the oppressed, and there are those who step up to defend the oppressed. This resonated with me so much that throughout the rest of my childhood, I gravitated towards any book that reflected that paradigm – Uncle Tom’s Cabin, The Autobiography of Malcolm X, and I even saw an ehical dimension to The Catcher in the Rye.
By the time I began high school and took a real history class, I was learning just how real that paradigm is in the world. I learned about the Native Americans and what befell them at the hands of European settlers. I learned about how the descendents of those European settlers were in turn oppressed under the tyranny of King George III.
I read about Paul Revere, Tom Paine, and how Americans began an armed insurgency against British forces – an insurgency we now celebrate as the American revolutionary war. As a kid I even went on school field trips just blocks away from where we sit now. I learned about Harriet Tubman, Nat Turner, John Brown, and the fight against slavery in this country. I learned about Emma Goldman, Eugene Debs, and the struggles of the labor unions, working class, and poor. I learned about Anne Frank, the Nazis, and how they persecuted minorities and imprisoned dissidents. I learned about Rosa Parks, Malcolm X, Martin Luther King,
and the civil rights struggle.
I learned about Ho Chi Minh, and how the Vietnamese fought for decades to liberate themselves from one invader after another. I learned about Nelson Mandela and the fight against apartheid in South Africa. Everything I learned in those years confirmed what I was beginning to learn when I was six: that throughout history, there has been a constant struggle between the oppressed and their oppressors. With each struggle I learned about, I found myself consistently siding with the oppressed, and consistently respecting those who stepped up to defend them -regardless of nationality, regardless of religion. And I never threw my class notes away. As I stand here speaking, they are in a neat pile in my bedroom closet at home.
From all the historical figures I learned about, one stood out above the rest. I was impressed be many things about Malcolm X, but above all, I was fascinated by the idea of transformation, his transformation. I don’t know if you’ve seen the movie “X” by Spike Lee, it’s over three and a half hours long, and the Malcolm at the beginning is different from the Malcolm at the end. He starts off as an illiterate criminal, but ends up a husband, a father, a protective and eloquent leader for his people, a disciplined Muslim performing the Hajj in Makkah, and finally, a martyr. Malcolm’s life taught me that Islam is not something inherited; it’s not a culture or ethnicity. It’s a way of life, a state of mind anyone can choose no matter where they come from or how they were raised.
This led me to look deeper into Islam, and I was hooked. I was just a teenager, but Islam answered the question that the greatest scientific minds were clueless about, the question that drives the rich & famous to depression and suicide from being unable to answer: what is the purpose of life? Why do we exist in this Universe? But it also answered the question of how we’re supposed to exist. And since there’s no hierarchy or priesthood, I could directly and immediately begin digging into the texts of the Qur’an and the teachings of Prophet Muhammad, to begin the journey of understanding what this was all about, the implications of Islam for me as a human being, as an individual, for the people around me, for the world; and the more I learned, the more I valued Islam like a piece of gold. This was when I was a teen, but even today, despite the pressures of the last few years, I stand here before you, and everyone else in this courtroom, as a very proud Muslim.
With that, my attention turned to what was happening to other Muslims in different parts of the world. And everywhere I looked, I saw the powers that be trying to destroy what I loved. I learned what the Soviets had done to the Muslims of Afghanistan. I learned what the Serbs had done to the Muslims of Bosnia. I learned what the Russians were doing to the Muslims of Chechnya. I learned what Israel had done in Lebanon – and what it continues to do in Palestine – with the full backing of the United States. And I learned what America itself was doing to Muslims. I learned about the Gulf War, and the depleted uranium bombs that killed thousands and caused cancer rates to skyrocket across Iraq.
I learned about the American-led sanctions that prevented food, medicine, and medical equipment from entering Iraq, and how – according to the United Nations – over half a million children perished as a result. I remember a clip from a ’60 Minutes‘ interview of Madeline Albright where she expressed her view that these dead children were “worth it.” I watched on September 11th as a group of people felt driven to hijack airplanes and fly them into buildings from their outrage at the deaths of these children. I watched as America then attacked and invaded Iraq directly. I saw the effects of ’Shock & Awe’ in the opening day of the invasion – the children in hospital wards with shrapnel from American missiles sticking but of their foreheads (of course, none of this was shown on CNN).
I learned about the town of Haditha, where 24 Muslims – including a 76-year old man in a wheelchair, women, and even toddlers – were shot up and blown up in their bedclothes as the slept by US Marines. I learned about Abeer al-Janabi, a fourteen-year old Iraqi girl gang-raped by five American soldiers, who then shot her and her family in the head, then set fire to their corpses. I just want to point out, as you can see, Muslim women don’t even show their hair to unrelated men. So try to imagine this young girl from a conservative village with her dress torn off, being sexually assaulted by not one, not two, not three, not four, but five soldiers. Even today, as I sit in my jail cell, I read about the drone strikes which continue to kill Muslims daily in places like Pakistan, Somalia, and Yemen. Just last month, we all heard about the seventeen Afghan Muslims – mostly mothers and their kids – shot to death by an American soldier, who also set fire to their corpses.
These are just the stories that make it to the headlines, but one of the first concepts I learned in Islam is that of loyalty, of
brotherhood – that each Muslim woman is my sister, each man is my brother, and together, we are one large body who must protect each other. In other words, I couldn’t see these things beings done to my brothers & sisters – including by America – and remain neutral. My sympathy for the oppressed continued, but was now more personal, as was my respect for those defending them.
I mentioned Paul Revere – when he went on his midnight ride, it was for the purpose of warning the people that the British were marching to Lexington to arrest Sam Adams and John Hancock, then on to Concord to confiscate the weapons stored there by the Minuteman. By the time they got to Concord, they found the Minuteman waiting for them, weapons in hand. They fired at the British, fought them, and beat them. From that battle came the American Revolution. There’s an Arabic word to describe what those Minutemen did that day. That word is: JIHAD, and this is what my trial was about.
All those videos and translations and childish bickering over ‘Oh, he translated this paragraph’ and ‘Oh, he edited that sentence,’ and all those exhibits revolved around a single issue: Muslims who were defending themselves against American soldiers doing to them exactly what the British did to America. It was made crystal clear at trial that I never, ever plotted to “kill Americans” at shopping malls or whatever the story was. The government’s own witnesses contradicted this claim, and we put expert after expert up on that stand, who spent hours dissecting my every written word, who explained my beliefs. Further, when I was free, the government sent an undercover agent to prod me into one of their little “terror plots,” but I refused to participate. Mysteriously, however, the jury never heard this.
So, this trial was not about my position on Muslims killing American civilians. It was about my position on Americans killing Muslim civilians, which is that Muslims should defend their lands from foreign invaders – Soviets, Americans, or Martians. This is what I believe. It’s what I’ve always believed, and what I will always believe. This is not terrorism, and it’s not extremism. It’s what the arrows on that seal above your head represent: defense of the homeland. So, I disagree with my lawyers when they say that you don’t have to agree with my beliefs – no. Anyone with commonsense and humanity has no choice but to agree with me. If someone breaks into your home to rob you and harm your family, logic dictates that you do whatever it takes to expel that invader from your home.
But when that home is a Muslim land, and that invader is the US military, for some reason the standards suddenly change. Common sense is renamed ”terrorism” and the people defending themselves against those who come to kill them from across the ocean become “the terrorists” who are ”killing Americans.” The mentality that America was victimized with when British soldiers walked these streets 2 ½ centuries ago is the same mentality Muslims are victimized by as American soldiers walk their streets today. It’s the mentality of colonialism.
When Sgt. Bales shot those Afghans to death last month, all of the focus in the media was on him-his life, his stress, his PTSD, the mortgage on his home-as if he was the victim. Very little sympathy was expressed for the people he actually killed, as if they’re not real, they’re not humans. Unfortunately, this mentality trickles down to everyone in society, whether or not they realize it. Even with my lawyers, it took nearly two years of discussing, explaining, and clarifying before they were finally able to think outside the box and at least ostensibly accept the logic in what I was saying. Two years! If it took that long for people so intelligent, whose job it is to defend me, to de-program themselves, then to throw me in front of a randomly selected jury under the premise that they’re my “impartial peers,” I mean, come on. I wasn’t tried before a jury of my peers because with the mentality gripping America today, I have no peers. Counting on this fact, the government prosecuted me – not because they needed to, but simply because they could.
I learned one more thing in history class: America has historically supported the most unjust policies against its minorities – practices that were even protected by the law – only to look back later and ask: ’what were we thinking?’ Slavery, Jim Crow, the internment of the Japanese during World War II – each was widely accepted by American society, each was defended by the Supreme Court. But as time passed and America changed, both people and courts looked back and asked ’What were we thinking?’ Nelson Mandela was considered a terrorist by the South African government, and given a life sentence. But time passed, the world changed, they realized how oppressive their policies were, that it was not he who was the terrorist, and they released him from prison. He even became president. So, everything is subjective – even this whole business of “terrorism” and who is a “terrorist.” It all depends on the time and place and who the superpower happens to be at the moment.
In your eyes, I’m a terrorist, and it’s perfectly reasonable that I be standing here in an orange jumpsuit. But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the US military in foreign countries, yet somehow I’m the one going to prison for “conspiring to kill and maim” in those countries – because I support the Mujahidin defending those people. They will look back on how the government spent millions of dollars to imprison me as a ”terrorist,” yet if we were to somehow bring Abeer al-Janabi back to life in the moment she was being gang-raped by your soldiers, to put her on that witness stand and ask her who the “terrorists” are, she sure wouldn’t be pointing at me.
The government says that I was obsessed with violence, obsessed with ”killing Americans.” But, as a Muslim living in these times, I can think of a lie no more ironic.