“….with liberty and justice for all” unless you’re an American Muslim


kafka-justice-for-muslims

If you thought DWB, ‘driving while black’ was bad for those American citizens who are of African descent, you can expect if you are a Muslim you will not receive any justice under the American judicial system.  In fact it is SO bad for American Muslims the New York Times’ Andrew Rosenthal asserts in an oped entitled ‘Liberty and Justice for non Muslims‘,

Since the attacks on Sept. 11, 2001, genuine concerns about national security as well as politicking and fear have led to a shift in the balance between civil liberties and law enforcement. That much is indisputable, and widely discussed. Yet it’s rarely acknowledged that the attacks have also led to what’s essentially a separate justice system for Muslims. In this system, the principle of due process is twisted and selectively applied, if it is applied at all.

he then concentrates on special detention centers, due process and the lack thereof as it applies to Muslim defendants and extra judicial surveillance by government law agencies.

It is unfortunate to witness that in the second term of a “progressive” president we have seen the steady, unabated encroachment of the exclusion of due process for Muslim Americans.  This dates to the Clinton administration’s special administrative measures, SAM, which ended calls, letters and visits with anyone except attorneys and sharply limited contact with family members.  Bush introduced the dreaded Patriot Act which further muddied the waters and made due process even harder for people who came under government scrutiny by expanding government’s role in the rather nefarious and broadly defined “terrorism prosecutions”.  Glen Greenwald has  adroitly gone on to show how charges of “terrorism” make it a cinch for the government to win against defendants so charged

…when someone is accused of terrorism, the rules governing trials and law completely change. All sorts of things that the state is normally barred from doing on the grounds that it is unjust suddenly become permissible when someone faces terrorism charges. Indeed, so “prejudicial” are these special rules of “justice” for terrorism cases that anyone convicted under these rules is, by definition, treated unfairly if terrorism is inapplicable.

…It’s a separate system of justice so intrinsically unjust and unfair – designed to ensure that Muslims accused of “terrorism” have basically no chance of acquittal…

It is hard to overstate the centrality of the term “terrorism” when it comes to state power, policy and law. It is the term that launches wars and sustains the US posture of endless war..

Yet this term, arguably in the abstract and certainly as applied, has no fixed meaning. It’s just a manipulative slogan legitimizing all forms of American violence against Muslims…it’s the overarching foundation for a completely separate system of justice for Muslims that is in exactly the same category as the most shameful episodes of US history.

President Obama’s National Defense Authorization Act, NDAA, another heinous piece of legislation all but ensures that American citizens can be held indefinitely without legal recourse for as long as the “controlling legal authority” outside of the judiciary deems appropriate.  It strips a citizen’s access to due process and isolates him to a labyrinthine parallel system of government restrictions that can go on in perpetuity.  This is the kind of system people fled from before the formation of this country and until very recently it is this kind of randomness that has escaped us, but now it seems to be much more common than not.

If there’s any doubt about that ask Saadiq Long, an American Muslim and Air Force veteran with no criminal record who was denied the possibility of returning to America because he was placed, unbeknownst to him, on the dreaded no-fly list.  He lived and worked in the Middle East for America’s allies in places like Egypt and  Qatar, both of them countries of stability that have managed to avoid or eliminated, you choose the term, radicalism that has plagued the area, and it’s pretty safe to say that Long had too.  So it was, although because of recent history should not have been, a surprise that he was told he could not fly back to America from Qatar. Publicity and the advocacy of lawyers and civil rights groups, notably among them the Council of American Islamic Relations were able to secure a remedy for him…..seven months after initially being told he could not fly into American air space. Even now, Long does not know why he was told he could not fly back in April, 2012.  Unfortunately, his troubles  did not end there.

In a recently held press conference, Long claims the FBI has harassed him since his return to Oklahoma that led to a dramatic standoff between him and federal agents in front of his hometown police department.  Long claims reason given by one of the agents for the standoff which ended with guns being drawn on Long and his party, was Long’s refusal to speak with the FBI without legal counsel being present.  Had he agreed to meet with agents without a lawyer, so goes the theory, none of the dramatic, heart stopping action of the encounter would have taken place; but isn’t it a right of American citizens to have a lawyer present when talking to law enforcement officials? Evidently that right does not exist if you are an American Muslim, and why should it, if over the past decade an enormous amount of legal maneuvering has made it possible for what was formally known as rights to due process available to ALL citizens are now being denied people of the Islamic faith.  Common knowledge and wisdom about a person’s rights to legal access and the necessity thereof seem to be irrelevant and inapplicable to America’s Muslims, and this seems to be continuing into the second term of America’s latest progressive president who happens to have been a constitutional professor.

America must stop this decline into the illegal abyss because if it’s possible to make this step with one group of American citizens it can extend to each and every one of us; once precedent is accepted it becomes the rule of law and there is very little likelihood of retreat from the abuses that will arise thereof.   I hope that EVERY American can see the disadvantage of remaining silent as this happens to a very disliked, despised group of Americans and support them even if it’s to keep the same abuses from happening to them.  Wake up America, please.

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