OpEdNews.com
In the past almost four years, I have come to fear almost everything
the Bush administration does. In one way or the other, it has harmed,
perhaps irreparably, virtually every aspect of American life. From raising
the acceptable arsenic levels in water (a little arsenic is good for us
all) to logging and snowmobiling in America's formerly treasured parks, to
ripping apart the bill of rights and trampling it underfoot, to using the
threat of "terrorist" attacks for political gain, to going to
war on a lie and not just spending our money outrageously but being
responsible for-and proud of-the deaths of hundreds of American soldiers,
the maiming of thousands more (a deep and dirty secret) and the slaying of
thousands (but who's
counting?) Iraqi civilians. All of this and much, much more literally
keeps me awake at night, sick with fear and worry.
But nothing disturbs me more than the case of Ahmed Abu Ali.
Abu Ali is an American citizen, born in Texas in 1981. He is a resident
of Falls Church, Virginia, where he lives with his parents. He was
valedictorian of his 1999 graduating class in a northern Virginia high
school. He attends a Saudi university where he is studying for a degree.
Last June, Ahmed was taking an exam at the International University of
Medina. In stormed Saudi police who took him away to a Saudi prison where
he has been since that day. It has taken a year for the story to make any
sense, and during this time his family and lawyer have kept me informed
about the case. However, they asked me not to write about it, for fear
that it may jeopardize his potential for release.
Now that it appears their son may never come home, at least not if the
Bush administration can help it, they have filed a law suit in the U.S.
District Court for the District of Columbia, asking that their son be
given the same rights as the Supreme Court recently gave Guantanamo
prisoners and American citizen Yaser Hamdi-the right to, at a minimum,
challenge his detention.
They have also given me permission, through their attorney, to write
about their son's case.
Here is the abbreviated version of the undisputed facts, according to
court records and discussions with the family and attorney: Ahmed was
acquainted with some of the men charged in the notorious case of the
Alexandria 11, men who pled guilty or were convicted (all but one of them,
and that is important, as you will see) of conspiring to fight for the
Muslim cause in the constant battle between India and Pakistan over the
territory of Kashmir. Kashmir is divided between Muslim and Hindu
populations and the Indian Hindu and the Pakistani Muslim governments
share control over the territory. The interest in fighting for Kashmir is
one that is promoted by many Muslims. The men were friends, and in the
course of their friendship play paintball and shoot at targets with guns,
all perfectly legal in Northern Virginia. In fact, gun use is so legal in
Virginia that the legislature recently passed a law affirmatively making
it acceptable (indeed
promoting) the carrying of weapons into bars and restaurants.
Initially charged under the seldom-used Neutrality Act, which forbids
an American from taking sides with an "enemy" of the United
States, those who pled to conspiring to aid Muslims were given sentences
of four to ten years in exchange for testifying against the others; the
men who did not pled guilty were indicted with aiding and abetting
terrorism, upping the ante to life prison terms. Of the four men who did
not plead guilty to the new charges, three were convicted by Judge Leonie
Brinkema and sentenced to 85 to 115 years in prison. These were men who
were not a threat to the U.S., who were not anti-American, who never took
up arms against any one, but who, it is true, were sympathetic to the
Muslim cause. They would have fought for the Muslimcause in Kashmir, if
the occasion presented itself (India and Pakistan declared a cease fire
early in 2004).
One of the men who pled not guilty had been in Saudi Arabia at the same
time that Abu Ali was "detained." He was extradited to the
United States, and Judge Brinkema found him not guilty. Though he is free
at the moment, he expects to be harassed by prosecutors. Surely, he will
be arrested and charged with something-anything to avenge his acquittal by
Judge Brinkema.
Abu Ali has been visited in Saudi Arabia by the FBI and perhaps by
Alexandria prosecutors. From what little we know (he has been denied an
attorney, and the State Department and the Saudi government have conspired
to insure that he receives no mail or visits), he was urged to confess to
being part of the Alexandria 11, he refused, likely being tortured and
mentally and physically abused. He was urged to renounce his U.S.
citizenship, in exchange for the promise of being taken to Sweden. (He
was smart not to do that; last week it was reported in the Washington Post
that the U.S. government aided Swedish officials in "rendering"
Saudi citizens back to Saudi Arabia where they were "tried" for
"terrorism" crimes and are serving lengthy prison terms. Both
maintain their innocence. )
If prosecutors had any case at all against Abu Ali, they would surely
have had him extradited at the same time as Sabri Benkhala, who was
acquitted by Judge Brinkema. Abu Ali has been threatened with being named
an enemy combatant, but that would also mean that he would be brought to
the U.S., held like Americans Padilla and Hamdi and, now, entitled to an
attorney and the right to file a habeas corpus petition challenging his
relief.
But that is not going to happen. The day Abu Ali's parents filed a
petition for habeas corpus and other relief, the U.S. State Department
informed them that the Saudis were going to charge Abu Ali with
unspecified crimes of "terror." Days before the case was filed,
the Saudis told the family that they were ready to release Abu Ali, but
had to have approval from the U.S.
to do so. The Saudis said they had no interest in him. The State
Department, at that time, it was up to the Saudis. Clearly, no one is
telling the truth.
The State Department now says it cannot comment on anything, because
Abu Ali never signed "privacy" forms, forms that the Saudis
refused to give him (no doubt told to refuse to deliver them by the same
State Department that claims they can't obtain them from their detainee).
Here is why I am scared to death of this administration: Abu Ali will
surely never come home. There is no way the U.S. government is going to
let a man live to tell the tale of his capture by Saudis at the request of
the U.S., his incarceration without a charge, without a lawyer, without
access to his family, and, no doubt, his being subject to torture during
long periods of interrogation. Maybe Kromberg wanted him at some time,
found there was nothing to get him on, then told the Saudis to torture him
into confession of anything that would make him extraditable. For the
present time, it still takes an actual criminal charge to indict someone.
But it takes nothing but the whims of the government, to
"render" an American citizen to another country and demand that
that country imprison the American until it says to release him or her.
But then the U.S. cannot tolerate the word getting out about the whole
story, so it will have to silence Abu Ali by keeping him locked up forever
(or worse) in a Saudi jail.
Let's be clear about this-the Saudis insist that they are holding him
only because the U.S. demands it.
Remember Nicholas Berg, who was beheaded shortly after his release by
the U.S. government in Iraq? Remember how the U.S. insisted that it never
had him in custody but that that "Iraqi police" held him? Forget
for a time that the Iraqi police did nothing without the permission of and
payment by the U.S. government-the police said that they had seized Berg
at the demand of the U.S. and they released Berg to its custody. Finally,
after Berg died, the State Department admitted the U.S. had detained him.
When Berg refused the request of the U.S. government that it take him out
of Iraq, when Berg insisted that he was going to leave Iraq on his own, he
was murdered.
You connect the dots. Or not. But don't turn away from the frightening
truth of what your government is up to-successfully, without
accountability, violating every right and privilege Americans have under
U.S. and international law.
Even if the federal court orders that Abu Ali be brought to the U.S. to
have a hearing, don't expect it to happen. Accidents happen in prison,
don't they? Especially in foreign prisons. The Pentagon is even now making
it near impossible for attorneys for the Guantanamo prisoners to meet
their clients and file the petitions the Supreme Court gave them the right
to file.
Face it. We are living in a time of anarchy. Our government is
imprisoning its citizens without cause and without process. Welcome to
George Bush's America.
Elaine Cassel practices law in Virginia and the District of Columbia,
teaches law and psychology, and follows the Bush regime's dismantling of
the Constitution at Civil Liberties Watch <