- Yassin Aref is an Iraqi Kurd and political prisoner in
Police State America. A full account of his ordeal can be found at the
following link:
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- http://sjlendman.blogspot.com/2008/03/yassin-arefs-struggle-for-justice-in.html.
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- In the post-9/11 climate of fear, Aref was targeted for
his faith and ethnicity and victimized by a willful FBI frame. It began
as a sting to entrap him. Charges against him were baseless. No evidence
supports them. Yet he was falsely arrested, accused, indicted, tried and
convicted in October 2006. It was on 10 of 30 fraudulent counts in a kangaroo
court proceeding. They included money laundering, conspiracy to provide
material support for a terrorist plot, terrorism, and making false statements
in February 2002 and August 2004.
-
- Aref was then sentenced in March 2007 and is now serving
15 years hard time at Terre Haute, Indiana's secret federal prison Communications
Management Unit (CMU). It's for "high-security risk" Muslim and
Middle Eastern prisoners and was established to limit or cut them off entirely
from outside contact. The unit violates federal law as well as Prison Bureau
regulations. They stipulate that "staff shall not discriminate against
inmates on the basis of race, religion, national origin, sex, disability,
or political belief (including) administrative decisions (involving) access
to work, housing and programs." The Federal Administrative Procedures
Act requires that all prison regulations comply with this law.
-
- In addition, the Supreme Court ruled in Johnson v. California
(May 3, 2004) that segregating prisoners by race, ethnicity or language
is illegal. Bush administration officials disdain the law and ignore whatever
High or other court rulings go against them. There aren't many. Congress
is complicit. It makes no effort to stop them, so nothing deters them from
mocking the rule of law and erasing the last remnants of democracy in America.
The result is victims like Aref and many others like him.
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- Here's a brief account of his ordeal and how events unfolded
in his case:
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- -- he's from Iraqi Kurdistan;
-
- -- he came to America in 1999, worked as a hospital janitor,
ambulance driver and later became the Masjid As Salam Mosque's imam;
-
- -- the FBI targeted him and his friend, Mohammed Mosharref
Hossain (a Bangladesh immigrant); it was in a 2003 sting that became a
frame; it involved Aref's courtesy for Hossain - agreeing to witness his
loan transaction according to Muslim custom; it was at a time he spoke
poor English, believed the transaction was legitimate, was unaware of any
law violations, let alone a scheme to frame him;
-
- -- he was arrested in August 2004 and convicted in October
2006; charges against him were baseless and were from illegally obtained
NSA warrantless wiretaps;
-
- -- he's now at Terre Haute's CMU, a victim of police
state justice, separated from his wife and small children, and hoping for
an appeals court verdict in his favor.
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- On March 24, 2008, Aref's appeal was held before the
Second Circuit Court of Appeals in New York. His status now awaits the
outcome from a court that may be sympathetic. In an all too familiar post-9/11
pattern, they're hearing other cases like his. It's hoped that may arouse
their judicial outrage over such extreme injustice to a growing number
of Bush administration victims.
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- Aref's Trial Lawyer's Assessment of the Appeals Court
Hearing
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- Here's an account of the proceedings from one of his
pro bono trial lawyers, Stephen Downs. He attended the hearing and recounted
what happened. Forty-seven supporters were there from Aref's home city
of Albany. They filled a bus, traveled to Manhattan, split evenly between
Muslims and other faiths, and were all united for Aref.
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- Downs begins by explaining that predicting the appeals
outcome is uncertain at best and perhaps foolish at worst. Separate attorneys
represented Aref and Hossain and each used "very different legal arguments."
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- Kevin Luibrand argued for Hossain on illegal entrapment.
In addition, he claimed that "since the transaction was always presented
as a loan, there was no attempt to conceal the source of the money, and
hence no crime of Money Laundering occurred...." If the court agrees
with either claim, Hossain's charges may be dismissed. Further, if it accepts
the Money Laundering argument, some or all of Aref's counts may also be
dropped.
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- Downs strikes a hopeful note that: "The Court seemed
most interested in these two strong sharply focused arguments, and (assistant
US attorney William Pericak) seemed to have the most difficulty with them."
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- Terry Kindlon argued for Aref. He mainly claimed that
insufficient evidence was presented at trial to justify his conviction.
In addition, there were numerous erroneous "evidence" claims
to the jury.
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- Downs is less upbeat about this strategy. While the argument
may be strong, it's hard to present orally "because it is impossible
in just (the few minutes alloted) to go through all of the evidence"
to show adequate proof. As a result, the Court seemed disinclined to spend
a lot of time on this, even though one justice "seemed to have a very
detailed understanding of the evidence (and) seemed to understand what
the defense was saying." But he didn't indicate either way if he agreed
or disagreed.
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- In Down's opinion, however, the lack of time spent doesn't
indicate how the court will rule. It chose instead to review all evidence
in briefs rather than discuss them in detail in open court.
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- The remainder of Aref's case involved procedural errors.
If they're accepted, it would result in a new trial but not dismissal of
charges against him.
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- Cory Stoughton of the New York Civil Liberties Union
also argued briefly for Aref and Hossain. He focused on how the trial judge
handled classified material but withheld it from the defense. He also addressed
the illegal NSA wiretapping issue. Downs again thinks this tact is "awkward"
because the DOJ kept information secret so defense has no idea what it
is or if it's relevant. Even so, the short amount of time on this matter
is no indication of its importance to the Court.
-
- In a separate March 21 pre-hearing press release, the
ACLU commented on the case. Executive Director Donna Lieberman said: "The
courts must not be complicit in President Bush's campaign of secrecy. NSA
spying is unconstitutional, and secret opinions only aid the government's
effort to keep the illegal campaign hidden away from public scrutiny and
outrage."
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- Before the March 24 hearing, Cory Stoughton added: "Secret
court opinions are antithetical to the American system of justice. Especially
when there are allegations of unlawful government surveillance and abuse
of executive power at play, the public has a right to understand the government's
arguments and the courts' justifications for their decisions." The
ACLU firmly supports the public's First Amendment right to understand what
happens in the judicial process and abhors the government's use of secret
information.
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- Finally, Downs above noted how hard it is predicting
the appeal's outcome, but he tries anyway and is upbeat. He felt "listening
to oral argument that the defense, the Court and the prosecution were all
quietly agreeing that Hossain was simply the patsy here." He (and
Aref) were part of an FBI sting cum frame, "but nobody ever believed
that he (or Aref were) a danger to anyone."
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- It means there's a good chance the Court will rule favorably
on the entrapment defense. The justices spent a lot of time on this argument.
The DOJ had a lot of trouble explaining its side, and Downs thinks attorney
Pericak did a poor job of it. His conclusion leaves this writer breathless
and likely Aref and Hossain supporters as well: "The facts are there,"
in Downs judgment, "to support a dismissal and so is the legal theory,
and so is the sense that this man (and Aref are) not dangerous." The
Court may agree and either dismiss Hossain's charges or grant him a new
trial.
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- As for Aref, Downs thinks the outcome is harder to predict
based on his lawyer's oral argument. Questions posed centered on evidentiary
issues and a detailed knowledge of the record. The Court seemed to be looking
for procedural errors that would justify a new trial as the "best
way to clear the air."
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- Down's also believes the Court's view of Aref's character
is important. If it thinks the DOJ unfairly targeted him as a "jihadist,
at least he may get a new trial. His lawyer stressed the "character"
issue so it may be key to the outcome.
-
- On the issue of so-called "classified evidence,"
Downs has no idea how the Court will view it or if it will affect the decision.
Without knowing what it is, it's impossible to gauge its importance, or,
in the current climate, how the Court will react.
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- The New York Times on Aref's Appeal
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- On March 25, the NYT wrote about the previous day's hearing
in an article titled "Convicted Imam Seeks Evidence of Wiretapping."
The article's tone was racist by emphasizing the term "imam"
to highlight Aref's Islamic faith. In addition, it stressed use of NSA
wiretaps, ignored the more important defense arguments, and also left out
the most pertinent facts about Aref's case. Nonetheless, Times writer Alan
Feuer included some key ones:
-
- -- that Aref was "convicted of supporting terrorism
in an FBI sting operation;" (no mention was made of a willful frame);
-
- -- that he may have been "spied on improperly by
the National Security Agency;" (in fact, he was);
-
- -- that if the Court agrees, his conviction may be "reverse(d);"
-
- -- that the FBI's "sting" involved a "fictitious
plot involving shoulder-launched missiles (to be used for) the assassination
of a Pakistani diplomat in New York;" (the idea on its face is preposterous,
and the Court may see it that way);
-
- -- that secret DOJ evidence was withheld from defense
lawyers with security clearances to see it; (it casts doubt on its relevance,
authenticity or even existence);
-
- -- that the New York Civil Liberties Union testified
on behalf of the defense for both men; and The Times concluded by saying:
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- "As it now stands, the case may be the best chance
to obtain an appellate ruling on the (NSA's wiretapping) program (that
persists) without court approval." Aref's case (and Hossain's draw)
"directly on the substantial constitutional protections afforded to
criminal defendants."
-
- The Times continued that last year a Cincinnati federal
appeals court "dismissed a case challenging the agency's program,
saying that the plaintiffs did not have standing to sue." However,
in November, "a federal district judge in Virginia told the government
that if it did not allow lawyers for an Islamic scholar sentenced to life
in prison for inciting followers to commit acts of terrorism to review
classified material on possible wiretapping, she might order a new trial."
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- A Personal Note
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- I first learned about Aref last March, wrote about him
on March 13, and was encouraged that many web editors picked up the article.
I also wrote to Aref, and he responded with a considerable delay because
of the difficulty communicating with a federal prisoner, especially one
called a "terrorist."
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- Aref's letter was glorious. He wanted me to have his
book, and I now do. It's a poignant memoir/autobiography titled "Son
of Mountains: My Life as a Kurd and a Terror Suspect." It was written
at Troy, New York's Rensselaer County Jail after his wrongful October 2006
conviction and before his transfer to Terre Haute's CMU. It's a courageous
man's story, and imagine his achievement. He wrote it in jail, barely spoke
English when he arrived, has now improved it measurably, but he's still
learning.
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- I don't think he'll mind if I share some of his comments.
He began hoping I'm fine, in good health, and then said: "Thank you
very much for all you (did) and what you are doing to bring peace and justice
for this nation and all over.
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- I read your article about my case (and) wanted to send
you a letter and say thank you....I am glad you have (my) book, this means
I will going to hear from you what you think of it, and I will be happy
to receive many notes and advices from you....feel free to 'critisice'
any part of any thing in the book."
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- Aref's book is glorious. It deserves praise and admiration,
not criticism, and it's strongly recommended to readers. It's also easily
available through Amazon, the site has three 5-star reviews on it, it's
going into second printing after a limited first run, and book proceeds
are for Aref's four young children through his Children's Fund.
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- Aref wrote much more, enclosed portions of his other
writings, and he ended his letter saying: "You honored me by writing
to me. I am sorry this is my best in writing English. Take care my 'brother.'
Peace, salam. Yassin"
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- Yassin is now my "brother," a political prisoner
and victim of injustice. Yet, his spirit seems high, he dreams of reunion
with his family, and he continues to write. A recent article was on April
19. He called it "Bread for the Baker and Meat for the Butcher (Nan
Bo Nanawa Goshtish Bo Qasab)." It's five paragraphs long and says
(from the Kurdish experience) "there is no possibility (in Iraq) for
development, and we won't see any stability til they let our bakers bake
bread and our butchers prepare meat. If this doesn't happen, we will see
more corruption and our lives will become more and more miserable. Especially
when:
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- Fools are ruling The blind are leading The ignorant are
teaching The racists are preaching"
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- ....and a brutal occupation continues its ugly oppression.
At his article's end, Aref cites two proverbs and asks that they be understood
to "have a better sense of (one's) self-respect and recognition of
(one's) own capacity." He wishes this for "many of our leaders
and politicians (and) will be glad to see many of them honoring themselves
by resigning from office." Millions around the world share that view
and then some. Many also know about Yassin and how a brutish regime mistreated
him.
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- Stephen Lendman is a Research Associate of the Centre
for Research on Globalization. He lives in Chicago and can be reached at
<mailto:lendman@sbcglobal.net>lendman@sbcglobal.net.
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- Also visit his blog site at sjlendman.blogspot.com and
listen to The Global Research News Hour on RepublicBroadcasting.org Mondays
from 11AM to 1PM US Central time for cutting-edge discussions with distinguished
guests. Programs are also archived for easy listening.
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