- A US federal appeals court sharply criticised the administration
of president George Bush yesterday, ruling that his government's attempts
to hold secret deportation hearings of suspected terrorists trampled the
fundamentals of democracy and free press.
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- The court ruled that the justice department had engaged
in unconstitutional behaviour by holding the deportation hearing of a Muslim
cleric, Rabih Haddad, behind closed doors. Immigration officials want to
deport Mr Haddad, a Lebanese national who overstayed his tourist visa,
due to its suspicion that he funded terrorist groups through a Muslim aid
agency, the Global Relief Foundation.
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- No criminal charges have been filed against Mr Haddad
or the foundation, and both have denied any involvement with terrorism.
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- Despite that, the justice department classified Mr Haddad
as a "special interest case", citing a directive issued in the
weeks following the September 11 terrorist attacks which allows foreigners
suspected of terrorist links to be tried without disclosure to the public
or the press.
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- Federal officials argued that opening such sessions to
the media would help terrorists understand the government's strategy and
undermine national security.
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- At a deportation hearing on December 19, courtroom security
officers announced - without prior notice to the public, Mr Haddad, or
his attorney - that the hearing would be conducted in secret. Mr Haddad
was denied bail and has been in government custody ever since.
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- Yesterday a unanimous panel of three judges wrote: "The
executive branch seeks to uproot people's lives, outside the public eye,
and behind a closed door. Democracies die behind closed doors."
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- The case against the justice department had been brought
by four Michigan newspapers, Michigan congressman John Conyers, and the
American Civil Liberties Union (ACLU).
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- ACLU spokeswoman Wendy Wagenheim welcomed the ruling:
"The court's decision clearly affirms that the government must be
kept in check by the people."
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- The appeals court cited a string of cases to illustrate
the problems of immigration law, which allows the government the almost
unchecked ability to deport those who it deems unacceptable on grounds
that could never be applied to a US citizen.
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- "The only safeguard on this extraordinary governmental
power is the public, deputising the press as the guardians of their liberty,"
Judge Damon Keith wrote for the court.
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- "The first amendment, through a free press, protects
the people's right to know that their government acts fairly, lawfully,
and accurately in deportation proceedings. When government begins closing
doors, it selectively controls information rightfully belonging to the
people. Selective information is misinformation," he ruled.
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- The justice department said in a written statement that
it disagreed with the court's decision but had not decided whether to appeal
to the supreme court.
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- "The justice department has an obligation to exercise
all available options to disrupt and prevent terrorism within the bounds
of the constitution," the statement said.
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- Mr Haddad's trial was to have started today but was rescheduled
for October 7 before Immigration and Nationality Service Judge Elizabeth
Hacker in Detroit.
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- http://www.guardian.co.uk/usa/story/0,12271,781390,00.html
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