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First They Come for the Muslims
Posted on Apr 16, 2012
Tarek Mehanna, a U.S. citizen, was sentenced Thursday in Worcester, Mass., to 17½ years in prison. It was another of the tawdry show trials held against Muslim activists since 9/11 as a result of the government’s criminalization of what people say and believe. These trials, where secrecy rules permit federal lawyers to prosecute people on “evidence” the defendants are not allowed to examine, are the harbinger of a corporate totalitarian state in which any form of dissent can be declared illegal. What the government did to Mehanna, and what it has done to hundreds of other innocent Muslims in this country over the last decade, it will eventually do to the rest of us.
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Stephen F. Downs, a lawyer in Albany, N.Y., a founder of Project Salam and the author of “Victims of America’s Dirty War,” a booklet posted on the website, has defended Muslim activists since 2006. He has methodically documented the mendacious charges used to incarcerate many Muslim activists as terrorists. Because of “terrorism enhancement” provisions, any sentence can be quadrupled—even minor charges can leave prisoners incarcerated for years.
“People who have committed no crime are taken into custody, isolated without adequate recourse to legal advice, railroaded with fake or contrived charges, and ‘disappeared’ into prisons designed to isolate them,” Downs told me when we met last week at Brown University in Providence, R.I.
Downs calls the process of condemning people before they have committed a crime “pre-emptive prosecution.” The concept of pre-emptive prosecution mocks domestic law as egregiously as pre-emptive war mocks the foundations of international law.
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“I was unprepared for the fact that the government would put together a case that was just one lie piled up on top of another lie,” Downs said. “And when you pointed it out to them they didn’t care. They didn’t refute it. They knew that it was a lie. The facts of most of these pre-emptive cases don’t support the charges. But the facts are irrelevant. The government has decided to target these people. It wants to take them down for ideological reasons.”
“In the past, when the government wanted to do something illegal it simply went ahead and broke the law,” he said. “They rounded up the Japanese during World War II and stuck them in concentration camps. They knew they were breaking the law when they decided to go after the activists with COINTELPRO in the 1960s but they rationalized that they were doing it for a higher purpose. This is different. The government is destroying the legal framework of our country. They are twisting it out of recognition to make it appear as though what they’re doing is legal. I don’t remember that kind of a situation in the past. The opinions of the court are now only lame excuses as to why the courts can’t do justice.”
“The government lawyers must know these pre-emptive cases are fake,” he said. “They must know they’re prosecuting people before a crime has been committed based on what they think the defendant might do in the future. They defend what they are doing by saying that they are protecting the nation from people who might want to do it harm. I’m sure they’ve been co-opted at least to believe that. But I think they also know that they are twisting the legal concepts, they are stretching them beyond what the framework of the law can tolerate. They have convinced themselves that it is OK to convict many innocent people as long as they prevent a few people from committing crimes in the future. They are creating an internal culture within the Justice Department where there is contempt for the law and for the foundational principle that it is better for one guilty person to go free than that one innocent person is convicted. They must know they do not do justice, and that they serve only ideological ends.”
Downs pointed out that if the government was actually concerned about the rule of law it would prosecute politicians and other prominent Americans who have publicly spoken out in support of Mojahedin-e Khalq (MEK or People’s Holy Jihadis), an armed group on the State Department terrorism list that carries out terrorist attacks inside Iran. They include former New York City Mayor Rudy Giuliani, former Pennsylvania Gov. Ed Rendell, former U.N. Ambassador John Bolton, former Vermont Gov. Howard Dean, former Homeland Security Secretary Tom Ridge, former Attorney General Michael Mukasey, former homeland security adviser Frances Fragos Townsend, former FBI Director Louis Freeh, former Joint Chiefs of Staff Chairman Gen. Hugh Shelton, and Gen. James Jones, who was President Obama’s first national security adviser. Some of them voiced their backing in speeches for which they were paid lavishly.
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