Personalizing civil liberties abuses
By Glenn Greenwald
April 16, 2012
On Saturday, I was at the University of Chicago for an event to discuss humanitarian intervention and empire. One of my fellow speakers was Tariq Ramadan, the highly regarded Professor of Contemporary Islamic Studies at Oxford. He’s one of the world’s most accomplished scholars in his field. For almost six years — from 2004 until 2010 — Ramadan was banned from entering the U.S. In 2004, he had accepted a tenured position at Notre Dame University, but was forced to resign it when, nine days before he was to move with his family to Indiana, his visa was suddenly revoked by the State Department pursuant to the “ideological exclusion” provision of the PATRIOT Act. Ramadan had been an outspoken critic of violence carried out by Muslims against civilians in the name of the Koran, as well a vigorous opponent of violence carried out by the U.S. Government in the Muslim world; for the latter act, he was accused by the U.S. Government, with no charges or trial, of being a Terrorist sympathizer and a threat to national security. Only once the ACLU sued for years on his behalf and the State Department was ordered by a federal court to more fully justify the exclusion in 2010 was he granted a visa. After years of living with the cloud of “Terrorist sympathizer” over his head, he is now finally able to enter the U.S. again to speak and attend academic conferences.
One of the sponsors of that University of Chicago event was the school’s Muslim Students Association, and one of the undergraduate student leaders of that group is Ali Al-Arian. Ali is the son of Dr. Sami Al-Arian, a Palestinian whose ongoing persecution by the U.S. Government is one of the most repellent and unjust of any in the post-9/11 era. I can’t begin to convey all or even most of the extreme injustices that have been imposed on him.
In 2003, while working as an engineering professor at the University of South Florida, he was indicted by the Ashcroft DOJ on multiple counts of “material support for Terrorism.” Al-Arian was an outspoken advocate for Palestinians and a steadfast opponent of the Israeli occupation. The U.S. government had been monitoring all of his telephone communications for more than a full decade, yet obtained no evidence that he was involved in any way in plotting any sort of violence. The indictment was all based on his alleged support for Islamic Jihad, a Palestinian group that has nothing to do with the U.S. or Americans, but is instead focused exclusively on the Israel-Palestinian dispute. While awaiting his trial, he was held for almost three years in extreme solitary confinement.
When his trial finally took place in 2006, the government’s evidence against him consisted almost entirely of his speeches, the list of books he read, the websites he visited, the magazines he edited, the rallies he attended: in sum, the U.S. Government — as it so often does with Muslims — tried to prosecute him as a Terrorist by virtue of his political views and activities. Even with a judge extremely hostile to his defense, the Central Florida jury acquitted him on half of the counts, and deadlocked on the other half (10 out of 12 jurors wanted to acquit him on all charges). This was one of the very, very few times a Muslim in the U.S. has been acquitted when accused of Terrorism. Rather than be subjected to a new trial that could send him to prison for life, he pled guilty to a single count of “contributing services” for the benefit of a designated Terrorist group (far, far less than what is being provided right this moment by a glittering bipartisan cast of Washington officials to the MEK, also a designated Terrorist group). In an extremely unusual move, the federal judge presiding over the case disregarded the prosecutor’s sentencing recommendations and sentenced him to a longer prison term than what the plea agreement called for: the maximum required by law.
That prison sentence was to end in 2007, after which he would be deported. Yet al-Arian was never released from prison. He continues, nine years later, to be denied his liberty by the U.S. Government, with no end in sight. Shortly before he was to be released and deported, he was subpoenaed to testify in a separate criminal case — one involving an Islamic think tank in Northern Virginia — by Gordon Kromberg, an Assistant U.S. Attorney in Virginia who is notorious for his bigoted anti-Islamic zealotry. Fearful that any testimony he gave would be seized on by Kromberg to prosecute him again, al-Arian refused to testify, and was then imprisoned on civil contempt charges for the maximum 18-month period permitted by law. Once that 18-month period ended, Kromberg, in 2008, indicted him on criminal contempt charges.
In response to this new criminal indictment, Al-Arian’s lawyers, in 2009, asked the federal district judge to dismiss the criminal indictment. While the motion was pending, the judge ordered him confined to house arrest. That was 3 years ago. But the judge has simply never decided the motion. It just sits there, for years now, undecided. And Al-Arian thus continues to be confined to house arrest, not permitted to leave without express permission of the court, which is rarely granted (he has left his small apartment only twice in the last 3 years, to attend the weddings of his two daughters). In the meantime, the criminal case for which he was subpoeaned to testify has been dismissed. But no matter. Al-Arian is in a frozen zone: denied his most basic liberties but without any ability to contest the charges against him. He’s now been imprisoned in one form or another since 2003, all stemming from extremely dubious charges that the U.S. Government, less than two years after the 9/11 attack, could not even get a Central Florida jury — with a very hostile judge — to convict him on. In reality, al-Arian has been persecuted for one reason only: because he’s a Palestinian activist highly critical of the four-decade brutal Israeli occupation.
It was al-Arian’s son, Ali, who drove me back to my hotel after the University of Chicago event was concluded. He recounted the harrowing details of his father’s plight, much of which I knew, but also explained, in stoic though very affecting tones, the ways in which the lives not only of his father but also his own and his brothers and sisters have been torn asunder by the ongoing persecution taking place. Dr. al-Arian’s five college-age children, all highly accomplished and educated in their own right, have worked steadfastly on the injustices to which their father is still being subjected, but there’s little they can do: each time it appears that his plight will finally be over, the U.S. Government concocts a new process to ensure that he remains a prisoner.
* * * * *
Last night, I spoke in Washington at the annual event for the National Coalition to Protect Civil Freedoms, a group formed in late 2010 to work against these Terrorism-justified travesties that are now embedded in the American judicial system. Seated at my table was James Yee, the Muslim chaplin at Guantanamo who complained in 2003 about the treatment of detainees, and shortly thereafter was arrested, charged with sedition and espionage, and held in intense solitary confinement: in other words, subjected to the very same treatment as the Guantanano detainees to whom he had been ministering. Ultimately, the U.S. military decided to suddenly drop all charges against him, though to date has never apologized for what was done to him. He described the ongoing psychological harm from this ordeal, and the battery of medication needed to treat it. Adorning the wall of the event was an exhibit showing the names of dozens of people — mostly, though not all, Muslims — who have been prosecuted overwhelmingly due to their political views, not because of any violent acts they undertook. For the entire three-hour event, a Muslim male dressed in an orange jump suit sat alone in a tiny makeshift cell at the front of the room as a reminder of the hundreds of prisoners, held in indescribably oppressive conditions, who have been prosecuted “pre-emptively” in the post-9/11 era: due to their political beliefs.