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The real criminals in the Tarek Mehanna case

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This article cross-posted from Salon

Tarek Mehanna is seen in this image from video footage taken in Boston in 2009.
Tarek Mehanna is seen in this image from video footage taken in Boston in 2009.  (Credit: Reuters/WHDH-TV)

In one of the most egregious violations of the First Amendment's guarantee of free speech seen in quite some time, Tarek Mehanna, an American Muslim, was convicted this week  in a federal court in Boston and then sentenced yesterday to 17 years in prison. He was found guilty of supporting Al Qaeda (by virtue of translating Terrorists' documents into English and expressing "sympathetic views" to the group) as well as conspiring to "murder" U.S. soldiers in Iraq ( i.e. , to wage war against an invading army perpetrating an aggressive attack on a Muslim nation). I'm still traveling and don't have much time today to write about the case itself -- Adam Serwer several months ago wrote an excellent summary of why the prosecution of Mehanna is such an odious threat to free speech and more background on the case is here, and I've written before about the growing criminalization of free speech under the Bush and Obama DOJs, whereby Muslims are prosecuted for their plainly protected political views -- but I urge everyone to read something quite amazing: Mehanna's incredibly eloquent, thoughtful statement at his sentencing hearing, before being given a 17-year prison term.

At some point in the future, I believe history will be quite clear about who the actual criminals are in this case: not Mehanna, but rather the architects of the policies he felt compelled to battle and the entities that have conspired to consign him to a cage for two decades:

________________________

TAREK'S SENTENCING STATEMENT
APRIL 12, 2012

Read to Judge O'Toole during his sentencing, April 12th 2012.

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In the name of God the most gracious the most merciful Exactly four years ago this month I was finishing my work shift at a local hospital. As I was walking to my car I was approached by two federal agents. They said that I had a choice to make: I could do things the easy way, or I could do them the hard way. The "easy " way, as they explained, was that I would become an informant for the government, and if I did so I would never see the inside of a courtroom or a prison cell. As for the hard way, this is it. Here I
am, having spent the majority of the four years since then in a solitary cell the size of a small closet, in which I am locked down for 23 hours each day. The FBI and these prosecutors worked very hard-and the government spent millions of tax dollars -- to put me in that cell, keep me there, put me on trial, and finally to have me stand here before you today to be sentenced to even more time in a cell.

In the weeks leading up to this moment, many people have offered suggestions as to what I should say to you. Some said I should plead for mercy in hopes of a light sentence, while others suggested I would be hit hard either way. But what I want to do is just talk about myself for a few minutes.

When I refused to become an informant, the government responded by charging me with the "crime" of supporting the mujahideen fighting the occupation of Muslim countries around the world. Or as they like to call them, "terrorists." I wasn't born in a Muslim country, though. I was born and raised right here in America and this angers many people: how is it that I can be an American and believe the things I believe, take the positions I take? Everything a man is exposed to in his environment becomes an ingredient that shapes his outlook, and I'm no different.  So, in more ways than one, it's because of America that I am who I am.

When I was six, I began putting together a massive collection of comic books. Batman implanted a concept in my mind, introduced me to a paradigm as to how the world is set up: that there are oppressors, there are the oppressed, and there are those who step up to defend the oppressed. This resonated with me so much that throughout the rest of my childhood, I gravitated towards any book that reflected that paradigm -- Uncle Tom's Cabin, The Autobiography of Malcolm X, and I even saw an ehical dimension to The Catcher in the Rye.

By the time I began high school and took a real history class, I was learning just how real that paradigm is in the world. I learned about the Native Americans and what befell them at the hands of European settlers. I learned about how the descendents of those European settlers were in turn oppressed under the tyranny of King George III.

I read about Paul Revere, Tom Paine, and how Americans began an armed insurgency against British forces -- an insurgency we now celebrate as the American revolutionary war. As a kid I even went on school field trips just blocks away from where we sit now. I learned about Harriet Tubman, Nat Turner, John Brown, and the fight against slavery in this country. I learned about Emma Goldman, Eugene Debs, and the struggles of the labor unions, working class, and poor. I learned about Anne Frank, the Nazis, and how they persecuted minorities and imprisoned dissidents. I learned about Rosa Parks, Malcolm X, Martin Luther King,
and the civil rights struggle.

I learned about Ho Chi Minh, and how the Vietnamese fought for decades to liberate themselves from one invader after another. I learned about Nelson Mandela and the fight against apartheid in South Africa. Everything I learned in those years confirmed what I was beginning to learn when I was six: that throughout history, there has been a constant struggle between the oppressed and their oppressors. With each struggle I learned about, I found myself consistently siding with the oppressed, and consistently respecting those who stepped up to defend them -regardless of nationality, regardless of religion. And I never threw my class notes away. As I stand here speaking, they are in a neat pile in my bedroom closet at home.

From all the historical figures I learned about, one stood out above the rest. I was impressed be many things about Malcolm X, but above all, I was fascinated by the idea of transformation, his transformation. I don't know if you've seen the movie "X" by Spike Lee, it's over three and a half hours long, and the Malcolm at the beginning is different from the Malcolm at the end. He starts off as an illiterate criminal, but ends up a husband, a father, a protective and eloquent leader for his people, a disciplined Muslim performing the Hajj in Makkah, and finally, a martyr. Malcolm's life taught me that Islam is not something inherited; it's not a culture or ethnicity. It's a way of life, a state of mind anyone can choose no matter where they come from or how they were raised.

This led me to look deeper into Islam, and I was hooked. I was just a teenager, but Islam answered the question that the greatest scientific minds were clueless about, the question that drives the rich & famous to depression and suicide from being unable to answer: what is the purpose of life? Why do we exist in this Universe? But it also answered the question of how we're supposed to exist. And since there's no hierarchy or priesthood, I could directly and immediately begin digging into the texts of the Qur'an and the teachings of Prophet Muhammad, to begin the journey of understanding what this was all about, the implications of Islam for me as a human being, as an individual, for the people around me, for the world; and the more I learned, the more I valued Islam like a piece of gold. This was when I was a teen, but even today, despite the pressures of the last few years, I stand here before you, and everyone else in this courtroom, as a very proud Muslim.

With that, my attention turned to what was happening to other Muslims in different parts of the world. And everywhere I looked, I saw the powers that be trying to destroy what I loved. I learned what the Soviets had done to the Muslims of Afghanistan. I learned what the Serbs had done to the Muslims of Bosnia. I learned what the Russians were doing to the Muslims of Chechnya. I learned what Israel had done in Lebanon -- and what it continues to do in Palestine -- with the full backing of the United States. And I learned what America itself was doing to Muslims. I learned about the Gulf War, and the depleted uranium bombs that killed thousands and caused cancer rates to skyrocket across Iraq.

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For the past 10 years, I was a litigator in NYC specializing in First Amendment challenges, civil rights cases, and corporate and securities fraud matters. I am the author of the New York Times Best-Selling book, How Would A Patriot (more...)
 

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...... by Paul Sedkowski on Saturday, Apr 14, 2012 at 1:51:05 PM
Americans practice freedoms and liberties that are... by Marvin Wagner on Saturday, Apr 14, 2012 at 2:45:55 PM
a better example of policies of the police state. ... by j dial on Saturday, Apr 14, 2012 at 7:37:46 PM
And sick and tired of being sick and tired of bein... by Michael Dewey on Sunday, Apr 15, 2012 at 5:21:26 AM
At some point in the future, I believe history wi... by Michael Dewey on Sunday, Apr 15, 2012 at 5:22:12 AM