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Daily Muslims - May 23, 2008
An Online Petition in Support of Syed Fahad Hashmi
Syed Fahad Hashmi is a Muslim American citizen being held in a federal jail on two counts of providing material support --and two counts of making a contribution of goods or services -- to Al Qaida. As his case goes to trial, we wish to register our concern about the conditions of his detention, constraints on his right to a fair trial, and the potential threat his case poses to the First Amendment rights of others.
The conditions of Hashmi's detention are draconian. He is in solitary confinement and subject to a regime of severe deprivation. Under special administrative measures (SAMs) imposed by the Attorney General, his communication with other prisoners, attorneys, family, the media, and people outside the jail--as well as access to the news and other reading material-- is either prohibited or highly restricted. He is subject to 24-hour electronic monitoring and 23-hour lockdown, has no access to fresh air, and must take his one hour of daily recreation-- when it is given-- inside a cage.
Hashmi's right to a fair trial is in jeopardy. The prosecution may present new allegations against him up until the day before his trial begins. It may withhold evidence from him and/or his attorneys yet share that evidence with the judge. He may not communicate with the news media, either directly or through his attorneys. The conditions of his detention may impair his mental state and ability to testify on his own behalf.
The prosecution's case against Hashmi, an activist within the Muslim community, threatens the First Amendment rights of others. While Hashmi's political and religious beliefs, speech, and associations are constitutionally protected, the government may attempt to use them as evidence of his criminal intent. This could have a chilling effect on the First Amendment rights of others, particularly in activist and Muslim communities.
We call upon the United States government to review and alleviate the conditions of Hashmi's detention, particularly his solitary confinement and the SAMs imposed upon him; to remove or revise the constraints on his right to a fair trial; and to guarantee that his actions--rather than his constitutionally protected statements, beliefs, and associations--constitute the basis of the government's case against him, in court and in the public arena.
Sign the petition
http://www.ipetitions.com/petition/Hashmi-Rights/
Daily Kos - May 3, 2008
Syed Hashmi - prisoner of the Bush "War on Terror"
By Denise Oliver-Velez
I went to Brooklyn College on Mayday to participate in a forum. When the program was over I had a discussion with one of the Professor's who had arranged the forum, and she brought up a case which I hadn't heard about; the story of a Brooklyn College graduate and former student of hers, who is currently being held under untenable and imho unconstitutional conditions, right here in the US - not at GITMO. I asked her to send me the information and promised that I would do what I could to get his story out to a wider audience.
His name is Syed Hashmi, and this is the story.
The following quotes are from a Statement of Concern, and a Fact Sheet that are being circulated to scholars and activists across the country.
The statement includes a cover letter from one of his former professor's:
From: Jeanne Theoharis email JTheoharisatbrooklyn.cuny.edu (I have inserted "at" instead of the @)
Subject: Statement of Concern--please help
I am writing to ask if you will consider lending your signature to a statement of concern we are circulating among scholars around the case of Syed Fahad Hashmi, a former student at Brooklyn College and Muslim-American activist currently being held in solitary confinement in MCC federal prison on four charges of providing material support to Al Qaida. He is being kept under tremendously inhumane conditions and facing 70 years in prison.
The statement makes no presumption about Syed's guilt or innocence but focuses on the constitutional issues raised by his case and the ways his civil rights and liberties have been abridged. (Ironically--or perhaps not so--Syed had written his senior seminar paper with me on the treatment of Muslim groups in the United States post- 9/11.) In addition to the statement of concern, attached please find a fact sheet that describes the case in much greater detail.
We have more than 500 signatures (including Susan Faludi, Ira Katznelson, Angela Davis, Christian Parenti, Seyla Benhabib, Carlos Munoz, Eric Foner, Henry Louis Gates, Mike Davis, Ariel Dorfman, Jackson Lears, Manning Marable, Katha Pollitt, Lisa Duggan, Norma Alarcon, Michael Dawson, Neil Smith, Manning Marable, Kathleen Cleaver, Duncan Kennedy, David Roediger, Martin Duberman, Judith Butler) and want to present the Statement publicly May 5th, when we will hold a public event with Prof. David Cole at Brooklyn College.
If you would like to sign the statement, please email me your name, official title, and affiliation. Also, I was wondering if you might also be willing to forward this to other colleagues.
Please let me know if you have any questions.
Thank you,
Jeanne Theoharis
Associate Professor of Political Science and Endowed Chair in Women's Studies
I have many friends in the Muslim-American community, and have diaried here in the past about the level of fear that many of them, and those who may even be "mistaken" for Muslims or who might "look Muslim" have had to live under since 9/11. My own experience with this was in Why we had to put an American flag decal on our car.
Here is Syed's story:
Syed Hashmi is a Muslim American citizen being held in a federal jail on two counts of providing material support – and two counts of making a contribution of goods or services – to Al Qaida. As his case goes to trial, we wish to register our concern about the conditions of his detention, constraints on his right to a fair trial, and the potential threat his case poses to the First Amendment rights of others.
The conditions of Hashmi’s detention are draconian. He is in solitary confinement and subject to a regime of severe deprivation. Under special administrative measures (SAMs) imposed by the Attorney General, his communication with other prisoners, attorneys, family, the media, and people outside the jail – as well as access to the news and other reading material – is either prohibited or highly restricted. He is subject to 24-hour electronic monitoring and 23-hour lockdown, has no access to fresh air, and must take his one hour of daily recreation – when it is given – inside a cage.
Hashmi’s right to a fair trial is in jeopardy. The prosecution may present new allegations against him up until the day before his trial begins. It may withhold evidence from him and/or his attorneys yet share that evidence with the judge. He may not communicate with the news media, either directly or through his attorneys. The conditions of his detention may impair his mental state and ability to testify on his own behalf.
We are observing an erosion of all the rights we have as citizens under the Constitution. Waterboarding, human rights violations, racial profiling, increases in police brutality and harassment of citizens, are part of our daily news cycles, but until Americans stand up and speak out they will continue. To be Muslim in America is the new black. Look at the use of Senator Obama's middle name as a code word for "Muslim terrorist" in hate mails, and in the perceptions of those who are fed information by the Limbaugh's and Coulter's and O'Reilly's.
Here is some background on Syed:
Syded Hashmi came to the United States from Pakistan with his family when he was three and grew up in Flushing, Queens. He attended Brooklyn College, majored in political science, and graduated in spring 2003. He then attended the London Metropolitan University in the United Kingdom; two members of the Brooklyn College political science faculty wrote him letters of recommendation. At London Metropolitan, Hashmi studied for an MA in international relations, which he received in October 2005.
This is a young man who embraced the American dream along with his family. But that dream has turned into a nightmare.
In June 2006, he was arrested by the British police at Heathrow Airport (he was about to travel to Pakistan, where he has family) on a warrant issued by the US government. In May 2007, he was extradited to the United States, where he has since been held in solitary confinement at the Metropolitan Correctional Center in Manhattan.
Under special administrative measures (SAMs) imposed by the Attorney General, Hashmi must be held in solitary confinement and may not communicate with anyone inside the prison other than prison officials. Family visits are limited to one person every other week for one and a half hours and cannot involve physical contact. While his correspondence to members of Congress and other government officials is not restricted, he may write only one letter (of no more than three pieces of paper) per week to one family member. He may not communicate, either directly or through his attorneys, with the news media. He may read only designated portions of newspapers – and not until thirty days after their publication – and his access to other reading material is restricted. He may not listen to or watch news-oriented radio stations and television channels. He may not participate in group prayer. He is subject to 24-hour electronic monitoring and 23-hour lockdown, has no access to fresh air, and must take his one hour of daily recreation – when it is given – inside a cage. While the Attorney General claims that these measures are necessary because "there is substantial risk that [Hashmi’s] communications or contacts with persons could result in death or serious bodily injury to persons," he was held with other prisoners in a British jail for eleven months without incident.
The facts of the "case" against Hashmi are not at issue here - the question is his confinement, his rights, and whether or not it is possible in this current political climate to receive a fair trial are what are of the utmost importance.
The US government alleges that during February or March 2004, a man by the name of Junaid Babar, also a Pakistani-born US citizen, stayed with Hashmi at his London apartment for two weeks. According to the government, Babar stored luggage containing raincoats, ponchos, and waterproof socks in Hashmi’s apartment and then delivered these materials to the third-ranking member of Al Qaida in South Waziristan, Pakistan. In addition, Hashmi allegedly allowed Babar to use his cell phone to call other conspirators in terrorist plots.
The government claims that Babar’s testimony is the "centerpiece" of its case. Babar, who has pleaded guilty to five counts of material support for Al Qaida, faces up to 70 years in prison. While awaiting sentence, he has agreed to serve as a government witness in terrorism trials in Britain and Canada as well as in Hashmi’s trial. Under a plea agreement reported in the media, Babar will receive a reduced sentence in return for his cooperation.
The events described above comprise the main allegation that the government has presented to the defense. According to the rules of discovery in federal criminal cases, however, the government may present additional allegations up until the day before the trial begins. Other factors compromise Hashmi’s right to a fair trial: the government may withhold evidence from his attorneys yet share that evidence with the judge; the government may share evidence with his attorneys but not allow Hashmi to see it; Hashmi may not communicate with the news media, either directly or through his attorneys; and the conditions of Hashmi’s detention may impair his mental state and ability to testify on his own behalf.
In addition to Babar’s testimony, much of the government’s case hinges upon evidence about Hashmi’s beliefs, associations, and speech. When Hashmi was a student at Brooklyn College, he was a member of Al Muhajiroun. This group takes and advocates positions well outside the mainstream of American public opinion. The US government, however, has not designated it a terrorist organization nor deemed membership in it illegal. While Hashmi’s beliefs, speech, and associations are constitutionally protected, the government may attempt to use them as evidence of his criminal intent. This could have a chilling effect on the constitutionally protected beliefs, speech, and associations of others, particularly in activist and Muslim communities. Unlike other high-profile post-9/11 cases, in which the defendants were not particularly political, Hashmi is an activist. The government’s increasing attention to this kind of political activity further raises the specter of a chilling effect on First Amendment rights throughout the country.
Hashmi’s case thus raises three concerns: first, the draconian conditions of his detention; second, the undermining of his Sixth Amendment right to a fair trial; third, the threats it poses to the First Amendment rights of others.
Having gone through my own experiences with the criminal "Just-Us" system in America, knowing full well that unless there is a public outcry, a massive out-pouring of support, an organized defense, that it is well-nigh impossible to get a fair trial in the US as a citizen, born and bred (but black), I cannot even begin to imagine the obstacles for someone who is Muslim, and as such the target of mass vitriol and the new rules of Homeland Security.
As an activist, as a child of the McCarthy era, as a witness to the miscarriages of Justice in America for the last 60 years, up to and including the farce of the acquittal of Sean Bell's killers, the continued incarceration of my friend and comrade Wes Cook (who you may know of as Mumia Abu-Jamal) , and my AIM brother Leonard Peltier; only 2 among the thousands who now languish in our ever expanding jails and prisons; I foresee a future that looks daily more grim for our Constitution and Bill of Rights.
Please take the time, if you can, to contact Professor Jeanne Theoharis, and to remember that there will be many more Syed's if we don't begin to speak up and defend our democracy.
Denise Oliver-Velez, 60, is an Activist, former Young Lords Party and Black Panther Party. Daily Kos is blog: www.dailykos.com
http://www.dailykos.com/story/2008/5/3/23288/67006/490/499884
Fahad's April 2nd Hearing
April 2, 2008, marked a significant event in the efforts of our campaign. At 2:00 pm today Fahad and his attorney appeared before the court for a hearing. It was a brief hearing, approximately 20 minutes long, in which Fahad's attorney, Sean Maher, was given until May 20th to review classified evidence. It should be noted that Sean Maher has made previous motions against the legitimacy of classified evidence, only to have the motions denied by the Judge.
This day was significant, firstly, because it brings to the forefront civil right issues that have been conveniently disregarded up to this point, and continue to be violated. Examine the concept of classified evidence and it becomes clear that the laws that allow for this to occur are contrary to due process. Sean Maher has to present himself at an undisclosed and secret location where the evidence against his client is gathered, and review 70% of the evidence in accordance with the government's regulations by May 20th. He is not permitted to discuss this so called classified evidence with anyone, not even his client. In the event that such evidence is presented in court, Fahad, his family, and all other outside parties attending the hearing would not be allowed in the proceedings. What we have is a scenario of mounting secrecy, whereby the government denies a person his right to review the evidence against him and confront his accuser. This happens to be a fundamental right guaranteed to all Americans by the 6th Amendment. Therefore, the hearing serves as a prominent reminder of what is at stake. It reminds us why we should be involved and that the impact of Fahad's case extends well beyond his trial alone, and is an attack on civil liberties by our government.
Secondly, today was significant in that it was a success for our campaign. Despite the circumstances outlined in the previous paragraph, we believe that the event was a success in that, for those 20 minutes, the prosecutorial team felt the eyes of supporters of justice and truth watching them. For those 20 minutes, they knew that Fahad did not exist in a bubble for their viewing only, and we watched as security scrambled to decide whether to allow the public into the court room. We were immediately confronted in the lobby outside the court room and told that we may not be allowed in. One of the campaign supporters who wore a Free Fahad campaign shirt (simply a shirt that said Free Fahad in front) was told that he could not remove his jacket to reveal the shirt. He was blatantly threatened with contempt by the head of security of the courthouse, who informed him that he may be removed, or held in the court if his shirt was displayed in the court. It is unjust that one of our supporters were stifled from his First Amendment right in a public courtroom.
Lastly, and perhaps most significant, we succeeded today in seeing Fahad. We succeeded in that Fahad, deprived of all contact for days on end (in 23 hour solitary confinement), walked into a courtroom and looked to his right to find the seats filled with his supporters. He appeared undernourished, was dressed in prison garb, and wore a white Kufi on his head. Yet one could see an internal calm in him that can only come from innocence. He again glanced at us as he walked out of the courtroom, maybe looking to see who he recognized. It is estimated that 50 supporters showed up. We hope this brought some comfort to Fahad.
The FreeFahad campaign would like to thank all those who turned out and ask that you continue your support at the next court date. Today's court date made clear what distortions of fair trial, constitutional rights, and due process we are dealing with. For those who are attempting to understand the campaign, we ask that you consider the impact of Fahad's case on civil liberties. We ask that you consider the impact of the actions that are being committed against Fahad on the judicial process. Please join our campaign and protect what is fundamentally guaranteed to you under the Constitution of the United States. We hope and pray that our campaign continues to see success, and we ask that everyone appear on May 20th, 10 am to lend support in the cause of justice.
http://www.freefahad.com/home.php?id=2&title=Articles
Columbia University - March 29, 2008
Muslim America: Community under Siege
The Fahad Hashmi Story
On March 29, 2008 at Columbia University the event Muslim America: Community under Siege – The Fahad Hashmi story (sponsored by the Muslim Students Association of Columbia University) took place to highlight the state of oppression and fear Muslims in America are facing. In specific, it dealt with the Fahad Hashmi case. In which the Free Fahad campaign working with defense lawyers, and academics declared Fahad Hashmi’s innocence and elaborated on the larger civil rights issues facing Muslims in America. Also, it was pointed out that the current conditions Fahad is being kept under amount to torture. The event was designed to raise awareness in his case and the unjust policy towards Muslims permeating in the American Justice System.
The following is a synopsis of the event, speaker by speaker.
Mauri Saalakhan:
Mr. Saalakhan is a human rights activist and author, who currently serves as the Director of Operations for The Peace and Justice Foundation, which he founded. Mr. Saalakhan served as moderator for the event and gave the opening remarks. In his remarks, Mr. Saalakhan spoke about the founding fathers of the constitution and the current view which distorts the meaning of the constitution. He referred to this divide as the two Americas. He further highlighted the injustices being specifically targeted against Muslims.
Abu Yousuf:
Abu Yousuf presented a personal and Islamic view of Fahad and defined Fahad’s current condition as one of being oppressed. He cited Islamic text which forbids Muslims to oppress anyone and compels them to stand up against oppression. He spoke as a friend of Fahad and highlighted the wonderful personality of Fahad. He spoke of the 23-24 hour solitary confinement that Fahad is in and asked the audience to imagine those circumstances. Abu Yousuf asked that the listeners become proactive and lend their support to the campaign as an effort to stop the oppression.
Michael Ratner:
Mr. Ratner is a professor of law at Columbia University Law School, author of several works, and head of the Center for Constitutional Rights. The Center for Constitutional Rights has represented several high profile cases surrounding the infamous Guantanamo Bay Prison. In his speech, Mr. Ratner, compared the circumstances, and highlighted the stark similarities, between the conditions at Guantanamo Bay and the conditions of Fahad Hashmi in New York. He further elaborated on the acts of torture that have been conducted at Guantanamo, as well as other international prisons under the direction of the United States government. Mr. Ratner urged the audience to get involved and speak out against the injustices that are taking place, which specifically target Muslims in America.
Sean Maher
Mr. Maher is a renowned defense attorney, whose firm has represented high profile cases of Muslims accused of crimes. He is currently the defense attorney for Fahad Hashmi. Mr. Maher offered insight into the circumstances around the case against Fahad. He spoke about the charges against Fahad, as charged by the United States government. He stated that Fahad is charged for providing material support under a broad definition of what material support is. He strongly noted that the government has made no claim that Fahad is, or was, part of any terrorist organization. He also noted that the charges do not allege that Fahad every personally possessed or passed off any goods to a terrorist organization, and is part of a finger-pointing plot by a man who himself was convicted of providing material support to terrorists. Further highlighting the broad definition of material support, Mr. Maher stated that the items in question that this other man, and not Fahad, is alleged to have possessed were raincoats, water proof socks, and ponchos. The connection between this man and Fahad is that this man stayed for two weeks at Fahad’s apartment, allegedly while in possession of these items. Sean spoke of the difficulty his defense team has because the cases of this nature are being tried and conducted in such secrecy. He urged the audience to show its support.
Peter Erlinder
Is a Law professor at the William Mitchell College of Law. He is a human right activist and has served as the past president of the National Lawyers Guild. He is currently working in the defense of Sami Al Arian.
Mr. Erlinder stated that he will offer a message of hope. He stated that ordinary people fought for
the Bill of Rights and then spoke regarding previous oppressions in the US. He spoke regarding French deportations and imprisonments, slavery, women’s vote movement, Japanese being placed in camps, and oppression of communist ideas. He stated that Muslims are not the first to feel this strain; they are just the current ones. He added that mini-guantanamos are being created throughout the United States and spoke of the manipulation of the legal system. He compared the case of Fahad to that of Samuel Arian. He further stated that America has gone from being a democratic republic to an empire, and the current events against the Constitution are an attack on the core of the Country, and if there is a future for democracy in America the entire American population must stand up. He stated that we have fought back events like this before and we, as a people, can respond to the attacks on Muslims today.
Dr. Agha Saeed
Dr. Saeed is a Political Science Professor who has taught at UC Berkely and Cal State Hayward. He is one of the leading muslim voices in America. He is the head of the American Muslim Alliance.
Dr. Saeed recalled a meeting with the President on September 26, 2001, in which the President stated that Arabs 18 yr or older will be profiled. He added that profiling did not start then but had started long before. He cited examples of this in recent history. He elaborated a viewpoint spanning beyond the current administration which viewed Islam and Muslims as a threat. He cited that at least on one occasion before September 11th, the three branches of government mobilized to enact legislation specifically targeted at the civil liberties and human rights of Muslims. According to his view, the movement has occurred to further the interests of Israel. Dr. Saeed also added that the prejudice against Muslims is not of the ignorant but of the learned and powerful in America, who are supposed to defend all our rights. He encouraged the listeners to stick to the truth and stand up against the circumstances and keep fighting for the rights of Fahad and all individuals in the same situation. He believed that we should struggle for justice as a universal concept and not just for Muslims.
http://www.freefahad.com/home.php?id=2&title=Articles
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