My, um, “violent radical Islamic leanings”

My, um, “violent radical Islamic leanings”
by Jim McCabe

It’s official. Chief Judge Loretta Preska of the U.S. District Court for the Southern District of New York has granted a motion by the U.S. Attorney that an “anonymous” jury will be constituted to decide the fate of Fahad Hashmi. Noting a poster calling for 500 supporters to pack the courtroom for the trial at the Federal Courthouse at 500 Pearl Street beginning Wednesday 4/28, the government’s lawyer said “it is likely that the jurors will see in the gallery of the courtroom a significant number of the defendant’s supporters, naturally leading to juror speculation that at least some of these spectators might share the defendant’s violent radical Islamic leanings." Judge Preska apparently agreed.

Let’s look at that comment more closely. “At least some,” eh? Does she mean me—a white, middle-aged Irish American male? No, I’m sure she doesn’t. But what about those other guys? You know the ones—those youngish, dark-skinned guys, the ones with the scruffy beards and “funny” clothes who dress like the defendant? Those are the ones Judge Preska means you have to watch out for—especially the outspoken ones. You know, the ones who don’t agree that the U.S. should be in a perpetual state of occupation and war all over the Islamic world, and who aren’t afraid to say so. But wait, that’s me again, also. Shit, I’m screwed after all.

Fahad was outspoken and that’s why he’s on trial. Or, rather his beliefs are. At this point Fahad has been in jail for four years awaiting trial, three of them under the government’s “special administrative measures” or SAMS. This amounts to a state of “super” solitary confinement with 24 hour surveillance, no fresh air, virtually no contact with the outside world, he’s unable even to speak in his cell. If it hasn’t driven him mad already, it certainly will make it near impossible for him to assist in his own defense. And what is it that he has to defend? That he allowed an acquaintance – now the government’s chief informant / witness – to stay in his apartment for two weeks in 2004 and store ponchos and waterproof socks there, which this informant later delivered to al Qaeda. And that he let this guy use his cell phone. Meanwhile, Fahad himself didn’t do anything. Hard to believe, isn’t it?

And yet Judge Preska at every turn has sided with the government, first in imposing the SAMS which began under Attorney General Michael Mukasey and continue under Eric Holder. And now before the trial has even begun effectively telling the jury that it has reason to be afraid for its safety and needs to be escorted in and out of the courtroom by U.S. marshals. Talk about prejudicial. Talk about turning innocent until proven guilty on its head. Judge Preska is way out of bounds. So are the U.S. Attorney and the Attorney General. Throw the lot of them out and let’s start over, how about this time in accordance with the Constitution.

And who are Fahad’s supporters? The Center for Constitutional Rights, Amnesty International, Noam Chomsky – all those lefties. And the forty to fifty people, men and women, of all ethnic stripes who turned out again this evening, undeterred by a steady downpour, to sing songs, recite poems, chant and demand justice for Fahad. All packing flowers which they deposited on the sidewalk by the Metropolitan Correctional Center at the conclusion of the vigil. Yeah, you better watch out for these folks. Armed as they are with their dangerous beliefs in the right to free speech, a speedy trial, innocent until proven guilty, no cruel and unusual punishment, basic human rights. Be afraid, be very afraid.

Hey, New York, come out to the trial to and let’s show the judge and the government the faces of New Yorkers who support Fahad and the Constitution. The trial starts Wednesday and is expected to last a few weeks. Just don’t come on Fridays as there is no court that day.

For more info, visit www.justice4fahad.org and www.freefahad.com.


UPDATE: Someone denies charges for years, then pleads on the eve of trial after years under government SAMs. I'm sure we'll hear more in the coming days but for now I have to conclude it was the government's coercive tactics that brought about this plea.

http://www.washingtonpost.com/wp-dyn/content/article/2010/04/27/AR2010042703737.html


UPDATE June 9, 2010: Judge Lorretta Preska sentenced Fahad to 15 years plus 3 years supervised release based on the plea agreement. See this posting about the sentencing hearing. See http://www.muslimsforjustice.org/2010/06/post-sentencing-statement-from-the-family-of-fahad-hashmi/ for a statement from Fahad's family after the sentencing.

Facing 70 Years in Prison for Clothing

On January 8, 2010, The Indypendent ran this story and political cartoon http://www.indypendent.org/2010/01/07/facing-70-years about the outrageous case of Syed Fahad Hashmi, an American citizen who has not been convicted of any crime yet who has been held for more than two years under the harshest conditions of solitary confinement not at Guantanamo, Bagram or some black site but at the Metropolitan Correctional Center in Lower Manhattan. He is accused by a government informer of allowing a duffel bag of waterproof socks and raincoats to be stored at his house that, without his knowledge, went to terrorists in Afghanistan. His trial was scheduled to begin in February but has been again delayed.

Held under Special Administrative Measures (SAMs), Fahad, who is a US citizen and Brooklyn College graduate who grew up in Flushing, Queens, has been allowed no contact with anyone except his lawyers and one immediate family member every other week; no calls, no letters, no radio, no newspapers until they are 30 days old and censored by his jailers; no contact with other prisoners; no group prayer or worship; and for more than 29 months now, no fresh air or sunlight. His cell is electronically monitored inside and out, so he showers and goes to the bathroom in view of the camera. He is allowed only one hour "out" of his cell but must exercise alone in a solitary cage. Under the Classified Information Procedures Act but in direct contradiction to basic due process, the U.S. government has not allowed Fahad to review all of the evidence against him. Fahad is charged with four counts of “material support of terrorism.” The "centerpiece" of the U.S. government's case against Fahad is that for two weeks he allowed an acquaintance who had a suitcase full of waterproof socks and ponchos to stay in his apartment. This acquaintance allegedly delivered this suitcase to a member of Al Qaeda and used Fahad's cell phone to call co-conspirators.

ACTIONS YOU CAN TAKE:
The official website of the Free Fahad campaign is www.freefahad.com You can watch a video with Michael Ratner of the Center for Constitutional Rights speak about the case there. There is also a statement of concern petition there signed by over 500 prominent scholars and writers and you can add your name to the list.

Please send an email to Attorney General Eric Holder and US Attorney for the Southern District of New York regarding the Special Administrative Measures under which Fahad is held. There is an email form to Eric Holder and the US Attorney you can use on-line at: http://www.educatorsforcivilliberties.org/. There are also links to other stories that prominent media have already published about the case including Democracy Now, The Nation and others.

Theaters Against War http://www.thawaction.org has information about vigils being held on Martin Luther King Jr.'s birthday (Jan 18) and, beginning in February, twice a month - every 2nd and 4th Monday of the month. The vigil dates are: February 8 and 22, March 8 and 22 and April 12 and 26. The vigils take place every Monday night from 6-7PM directly outside the Metropolitan Correctional Center, 150 Park Row (at the corner Pearl Street), in lower Manhattan. Take the 4/5/6 train to Brooklyn Bridge – walk north on Centre Street to Pearl Street which is located between the two major federal courthouses on Foley Square. Walk down Pearl Street until it dead-ends on Park Row and look for the vigil.