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Urgent Call to Supporters of Justice:<br><br>
POLITICAL PRISONERS SHEIKH MOHAMMED AL-MOAYAD AND MOHAMED ZAYAD WILL<br>
BE SENTENCED THURSDAY, JULY 28. THEY NEED TO KNOW WE ARE WITH THEM!<br>
THE STATE NEEDS TO KNOW IT TOO!<br><br>
BE IN JUDGE STERLING JOHNSON'S COURTROOM<br>
EASTERN DISTRICT OF NEW YORK FEDERAL COURT 4TH FLOOR<br>
225 CADMAN PLAZA IN BROOKLYN<br>
9 A.M. THURSDAY, JULY 28.<br>
WEAR A KEFFIYEH IF YOU HAVE ONE.<br><br>
<br>
</font><div align="center"><h2><b>Background on the case of Sheikh
Mohamad Al-Moayad and Mohamad Zayad <br><br>
</b></h2></div>
<font size=3>On March 10, 2005, Sheikh Mohamad Al-Moayad and Mohamad
Zayad were convicted on charges of providing "material support"
to Hamas, in one of the more egregious frame-up cases of the U.S.
government's so-called "war on terror." Far from being a
prosecution aimed at safeguarding the United States, the government
sought out two Yemeni citizens, well-known for their numerous charitable
endeavors, and brought them to the U.S. for the sole purpose of
prosecuting them for their entirely legal activities in Yemen, at the
sole instigation of a notoriously unreliable informant who has repeatedly
pressured the FBI itself for more money for his services. During the
trial of these men, the government attempted to block the entry of a
Palestinian-born defense attorney into the case, alleging that her
"foreign-born" status posed an "increased risk." The
prejudice and racism of the prosecution was revealed on numerous
occasions, including one prosecutor's reference to a Qu'ranic verse as
the "terrorist verse." This case is a microcosm of the reality
of the "war on terror" inside the U.S., what has proven to be a
"war of terror" against Arabs and Muslims. <br><br>
Please read the summary of the case below to learn about the background,
and to find out what you can do to support these victims of persecution.
<br><br>
<b>Sheikh Moayad: Father of the Orphans</b> <br><br>
Sheikh Mohamad Al-Moayad's love for the oppressed and indigent was born
in his childhood years. Sheikh Moayad was born in May of 1948 to a
peasant family in Safya, a suburb of Sanaa, Yemen, the son of a village
teacher who was paid by the village parents with only meager amounts of
food or personal effects. He soon shared in his father's tradition of
service to the community; in the 1970s he built the first dam in Sanaa,
to help distribute water more effectively. <br><br>
The Sheikh moved to Madinat Al Asbahi, Yemen, in the early 1980s and,
after noticing the town lacked a mosque, he opened his home to the
community for worship and prayer. He soon successfully petitioned the
Yemeni government to provide land so he could build a house of worship,
and began by digging and developing a basement prayer room that would
later find use as a community shelter during the Yemeni Civil War. The
longer he stayed in Madinat Al Asbahi, the more he saw the need for
community development in many areas, and expanded his religious endeavors
and community service to fulfill those needs. He expanded his mosque to
build a women's section, and later turned his basement room into a small
elementary school. <br><br>
By the early 1990s, Sheikh Moayad's reputation for honesty, charity and
grassroots activism was widespread. He founded a charity operation, the
Al Ihsan Charitable Organization, which became something akin to a
welfare system for the people of the area, and which was widely supported
by the government and many other charitable donors. He opened a bakery
which fed eight hundred families per day and, to be sure that none
suffered out of shame or humility, he asked community men to make note of
which families looked indigent and provided for them without request.
Knowing bread, no matter how fortified, could not alone sustain life, he
opened a charitable market where the indigent paid wholesale prices for
food and provided a steady water supply for those who could not otherwise
afford water from the well he had dug for the Ihsan Mosque. <br><br>
The Sheikh then began to focus his energy on education hoping that it
would provide a lasting means to eradicate the poverty in the community.
He expanded his school until it accommodated students from kindergarten
through high school, as well as established a girls' school and
personally intervened in cases where families withheld their daughters
from schooling. He knew the value of skill building and developed
specialized trade schools. The Sheikh's initiatives were almost endless
and addressed all aspects of daily life, individual and communal - from
the orphan fund project, blanket distribution, and full meal provisions
during the month of Ramadan, to coordination of group weddings for
indigent groomsmen, to holistic healing, computer training courses and a
free medical clinic. <br><br>
Sheikh Moayad is father to seven children, the youngest of whom is now
16. However, he eventually came to be known as the 'Father of the
Orphans' throughout the Sanaa area. Because of his widely known
reputation for charity, he was eventually appointed as the honorary
supervisor of the Al Aqsa Foundation. But it was long before this
appointment that he was an avid supporter of the Palestinian struggle for
liberation and return. He visited the refugee camps of Lebanon, Syria and
Jordan and resolved that true justice could not be attained without full
implementation of the Right of Return. Through the Al Aqsa Foundation,
Sheikh Moayad helped raise money for Palestinians in refugee camps and
those in the most devastated areas of Palestine, often in the form of
tangible supplies, such as schoolbooks and book bags, nutritional
supplies and clothes. <br><br>
Upon his arrest for charges based upon his well-known and widely
respected charity work, the whole of Yemen was aroused to action,
especially the people of Sanaa and Madinat Al Asbahi. Thousands of men
and women took to the streets over a two year period in numerous
demonstrations demanding the release of the Sheikh and his assistant,
Mohamad Zayed. The Yemeni President, Ali Abdallah Saleh, made clear that
the Sheikh was never suspected of having links to Al Qaeda, and further
noted that if the Sheikh had ever supported Hamas, it was legal for him
to do so, as in Yemen all support the Palestinian struggle on Palestinian
terms. In vain, the Yemeni government made several public demands for the
return of Sheikh Moayad and Mohamad Zayed. <br><br>
<b>Background of the Case:</b> <br><br>
Sheikh Mohamad Al-Moayad and Mohamad Zayed were arrested in Germany on
January 10, 2003 after being set up by the U.S. Federal Bureau of
Investigation. One of the FBI's Confidential Informants, Mohamad Al Ansi,
a known con man with a long history of theft, fraud, burglary and
financial problems, who later set himself on fire in front of the White
House in November 2004 in an attempt to garner more money from the FBI,
initiated the operation against Sheikh Moayad and Mohamad Zayad. Al Ansi
had a long history of defrauding Islamic organizations and charities in
the eastern region, stealing their property, running up phone bills,
using public and private services of individuals and masajid for his and
his family's luxury, before, after and during his 'employment' by the
FBI. Al Ansi, a then out-of-status immigrant, saw the danger of
deportation and found an escape hatch in the horrors of 9-11, contacting
a novice FBI agent, one who had just joined the Terrorism Task Force and
was eager to find 'targets' in his patriotic way. <br><br>
Al Ansi told the FBI of a Sheikh who was famous in Yemen, and claimed
that this Sheikh was supporting Al Qaeda and mujahidin in various parts
of the Muslim World; at one point Al Ansi even included North Korea as
one of the Sheikh's benefactors, clearly taking his cues from the Bush
Administration's reports and, likely, from the needs of the FBI Agents.
Within approximately one month of their first meeting, the FBI sent Al
Ansi to Yemen to begin his investigation. It should also be noted that
neither the FBI nor the Yemeni government, which had well-publicized
interactions with Sheikh Moayad, had ever suspected Sheikh Moayad or his
charity of anything prior to having met Mohamad Al Ansi, even though both
the U.S. and Yemeni governments were actively waging the "war on
terror," publicly pursuing any challenge to U.S./Israeli interests
in Yemen. <br><br>
During the year that followed, Al Ansi and the FBI agents based in Yemen
were able to produce only four pieces of "evidence:" three
receipts from donations sent to Palestinian charities which were not
designated as Foreign Terrorist Organizations (FTOs), and one
thirty-minute video shot from a five-day group wedding in Yemen, at which
the Hamas representative to Yemen spoke. According to the FBI, this
scanty "evidence" was sufficient to charge Sheikh Moayad and
Mohamad Zayad with providing material support to Al Qaeda. Essentially,
the FBI's logic must have flowed in one of two ways: that there is no
differentiation between support for Palestinian charitable organizations
and support for Al Qaeda, as both stand in the way of U.S. interests in
the Arab world; or, that the use of "Al Qaeda" was merely a
cover for the FBI's targeting of individuals and organizations who
support Palestinian charitable organizations or have affiliations with
Hamas, who must be targeted in order to enforce the adoption of the
U.S.'s position on Palestine throughout the Arab world and suppress Arab
support of the Palestinian struggle. <br><br>
This led to a very expensive trap in Germany. Another Agent became
involved, Agent "Sharif", who was told to pose as a former
Black Panther who supports "Jihadist causes," such as, in the
words of as FBI Agent BM, supporting the 'civil rights movement.'
<br><br>
At the meeting arranged in Germany by the FBI, Agent "Sharif"
said that he has money and has heard of the Sheikh's establishment and
wants to support him. Al Ansi relayed this information to the
"targets," Sheikh Moayad and Mohamad Zayad, and told them also
to "play along" with "Sharif," who he described as
"a little crazy." All the while, Al Ansi repeatedly
mistranslated to both Agent "Sharif' and Sheikh Moayad and Zayad, as
he was the only linguistic link between the parties. As
"Sharif" reads the Qu'ran, stating that it is the basis of
their meeting, Sheikh Moayad and Zayad smile and agree, thinking he is a
holy man who wants to help them support their charity work. When it
becomes clear that "Sharif" wants them to direct the funds to
activities other than the charitable center, Moayad and Zayad expressed
their disapproval, to which "Sharif" responded, 'I know what
you're here for and I will give you what you want if you give me what I
want.' Sheikh Moayad and Zayad were intimidated and clearly expressed
their fear and apprehension, and from the scant recordings that exist of
this meeting, it is evident that they are plotting to avoid following
Agent "Sharif's" orders and are planning to use the money to
build their charitable center. And although the only incriminating
conversations they had were with Agent "Sharif," through the
translation of Al Ansi, Moayad and Zayad were arrested in Germany by
masked officers three days after their arrival in the country. <br><br>
They were held in Germany for approximately six months and deported to
the United States in November 2003. Attorney General John Ashcroft
hyperbolically announced the arrest, claiming that Moayad was the
"big fish" they had been looking for, conveniently just in time
for the upcoming U.S. elections. As the evidence against Sheikh Moayad
and Zayad was revealed, the lie was put to Ashcroft's claims, as he was
only able to show that Moayad supported Palestinians in Palestine and
surrounding Palestinian refugee camps in Arab countries, and that Moayad
knew of Hamas figures in the Arab World, both legal acts throughout the
Arab World, Africa and some European states. Perhaps, however, he did
meet his real goal, not of "combating terrorism," but of
suppressing Arab advocacy and support for Palestine. <br><br>
<b>What Went Wrong: Elections, Israel, World Policing and Uncontrolled
Power</b> <br><br>
<b>The Defense Attorneys: Government Paid and Delayed</b> <br><br>
Sheikh Moayad filed complaints against his attorney for a year and a
half, yet the judge did nothing to address his complaints. Moayad made
clear that his then-assigned counsel was interested in nothing but
cutting a deal with the FBI, having Moayad become a government informant,
and convincing Moayad to accept money and a plea bargain in exchange for
his right to be judged by the law of his own land -Yemen. When
independent counsel became involved, it was only weeks before trial. None
of the tapes in Germany had been transcribed and no investigative work
had been initiated. The new attorneys begged for time to prepare, to no
avail. Furthermore, a Palestinian-born attorney was kept from admission
to the case and court for approximately one month after the new attorneys
appeared because as the government said, "as a foreign-born
attorney, she posed an increased risk of passing messages from the
Sheikh." She was also administratively prevented from meeting with
the Sheikh outside of the courtroom for several weeks after she was
finally admitted, which the government claimed was a mere administrative
faux pas. Despite the efforts of the new, independent legal team, the
effects of a year of almost no trial preparation were devastating. The
court-appointed attorney was not relieved and was allowed to make
strategic decisions, the new counsel worked tirelessly but fearfully, and
the Palestinian attorney was censored. <br><br>
<b>The Extradition: FBI lies and racism</b> <br><br>
In his affidavit, FBI Agent "RF" swore that he had evidence
that Al Moayad sent millions to Al Qaeda and Hamas. The agent was never
held accountable for these allegations, which were proven false at trial.
In fact, the government only showed that little more than $30,000 was
sent to Palestinian organizations, none of which were designated as
FTO's. In fact, one of the receipts explicitly thanked the Al Aqsa
Foundation for its donation of school bags. The government failed to show
that any money had ever gone to Al Qaeda, and the only connection they
showed between Sheikh Moayad's charitable work and the U.S. were phone
calls and a donation from a Sheikh in New York to Sheikh Moayad,
amounting to less than two thousand dollars over a period of several
years. The only allegation the government confirmed was that Al Moayad
had indeed fundraised for Palestinian charities. <br><br>
The allegation that these charities may be connected to Hamas, although
untrue, would not suffice for extradition to the U.S., as Hamas'
charitable wing is still lawful in Germany and has a public presence
there. The foundation for the extradition was in fact non-existent.
Furthermore, the FBI translator-agents repeatedly mistranslated the
Arabic language. One translator-agent said the word "jihad" can
only mean "holy war against non-Muslims" and translated the
word "students" as "female slaves" at one point. The
FBI used these dubious translations to pursue extradition from Germany.
Furthermore, the FBI's practices were not uncommon to their German
equivalent, the BKA. In fact, one of the German-Arabic translators used
had previously testified to fabricating conversations, or as he said,
"re-constructing" conversations, in a previous case, yet he
continues to work for the BKA. <br><br>
<b>The Trial of Terror: Prejudice, Poor Goliath and No Jurisdiction</b>
<br><br>
The prosecution made it clear that this trial was indeed political, and
furthermore, was indeed about Palestine. Various events in Palestine were
brought into the trial on the basis of dubious and tenuous connections to
the actual facts of the case. One prosecutor actually cried in court as
she recounted a 2001 bus bombing in Tel Aviv. The prosecution was able to
bring in such issues with no connection to the defendants, because the
Hamas representative to Yemen who was present at the group wedding, which
was also attended by numerous Yemeni government officials, mentioned it
right before he read poetry at the group wedding. Several days later, she
issued headphones to pre-pubescent Yeshiva children who lined the
courtroom in what was a clearly orchestrated sympathy ploy with no
connection to Sheikh Moayad or Mohamad Zayad. This prosecutor also opened
the Qu'ran and forced the timid Muslim court interpreters to translate
what she called the "terrorist verse." It is also known as
Surat Al-Bakarah and is known for teaching readers how to avoid conflict.
<br><br>
<b>The FBI: Desperate and Powerful Witness Tampering &
Intimidation:</b> <br><br>
Aside from limiting the participation of the Palestinian attorney, the
Government repeatedly intimidated witnesses and prevented witnesses for
the defense from appearing. Two of Zayed's witnesses were scared out of
travelling after their first visas were given and subsequently revoked,
and the two who were allowed into the US were harassed, their evidence
and their belongings violated, and allowed no privacy, even when meeting
with defense attorneys. The witnesses came with pictures of Moayad's
charitable institutions, half of which were destroyed at the airport
where FBI agents met and interrogated the Yemeni witnesses. On their
return trip, one of the witnesses' suitcases disappeared. During their
stay, they were in the full custody of the FBI, held in a hotel room that
was tapped, and prohibited from making from outgoing phone calls - even
to their families. They were not allowed to leave the hotel or have any
visitors, and were only allowed to meet and prepare with the attorneys in
those same rooms the FBI was monitoring. <br><br>
Moayad's witnesses were never allowed into the US at all, and the Court
refused to adjourn until the witnesses were allowed visas; perhaps the
Court knew that the visas would never be given. The government complained
repeatedly about its court expenses at trial, but managed to bring to the
U.S. six German witnesses who testified to two things: that the
defendants were followed and their hotel rooms tapped. They were placed
in hotels, allowed to travel freely, make unmonitored phone calls and had
no problems getting visas. <br><br>
Another defense witness who had possession of copies of the surveillance
tapes and the equipment necessary to identify manipulated footage was
visited by the FBI at his home late Sunday evening two days before he was
to testify. He was interrogated about his testimony and personal history,
and was asked about the confidential conversations he had with the
defense attorneys. Two weeks after the trial ended, his home and office
were burned down under mysterious circumstances. <br><br>
<b>The Tapes: Inaudible Arabic</b> <br><br>
The most crucial piece of evidence in the case was the surveillance
footage. According to the plethora of German witnesses, the recordings
were complete, contained no missing segments, and were clear. The German
technicians found no errors in the tapes until after the tapes were in
the custody of American intelligence, the FBI. According to the German
technicians, it was the FBI who alerted them to the "problem
areas" which German technicians claimed to have attempted to
correct. Portions of seemingly incriminating conversations were loud and
clear but conversations where Sheikh Moayad and Mohamad Zayed plot to
leave Germany and the set-up are full of gaps which make the conversation
almost completely inaudible. No one was able to provide a consistent
explanation as to the reason for these gaps. In fact, conversations that
lasted for close to a minute contained only a few decipherable words.
This was representative of the footage taken outside the presence of the
government agents; that is, the footage that is necessary to establishing
culpability. Furthermore, although the government claimed over and over
again that a code was established for communication, not a single tape
before, during or after the sting in Germany contained any conversation
in code. What the government trumpeted as evidence of a code was a clip
where Sheikh Moayad reads to Mohamad Zayed from a millenia-old book as
they sat hostage in their hotel rooms in Germany. Ultimately, the jury
was convinced of the allegations despite the unreliability of the sole
witness. This witness, according to his own testimony, failed to explain
what the alleged codes meant and never reported such a code to the FBI
agents during the "investigation." His history is that of a
career liar and defrauder who, at one point, threatened to blow up a
woman's business. Furthermore, according to the government, conversations
outside the rooms were recorded via microphones on Al Ansi's body and in
the car they used, yet the government refused to submit those recordings
or the recordings of the conversations in the undercover agent's rooms.
In addition, the government translators mistranslated Arabic
conversations repeatedly, gave everyday terms incriminating meanings, and
selected snippets of conversation out of their contexts to emphasize and
dilute the real meanings conveyed in the entirety of conversations. When
the defense attempted to have an expert witness testify as to the
unreliability of the government's transcripts, the government objected
and was sustained, leaving the jury to make the most of transcripts which
were incomplete, artfully mis-tailored, and highly misleading. This was
all the more damaging as the government only submitted approximately
eight hours of the three-day surveillance and the defense alas was not
allowed an adjournment to prepare transcripts of the few remaining
portions that the government did turn over. <br><br>
Throughout the case, the behavior of the U.S. government has been nothing
short of criminal. Today, Sheikh Moayad and Mohamad Zayad are imprisoned
in the Metropolitan Detention Center in Brooklyn, New York, awaiting
sentencing after their conviction for providing material support to
Hamas, despite acquittal on charges of providing material support to Al
Qaeda. They are held in solitary confinement without visitors, while all
their phone calls, even to their attorneys are recorded, and without a
way to express their needs and demands as they can't even speak English.
Yemeni citizens with scant interaction with the U.S., they were
nonetheless tried under U.S. laws in a courtroom tainted by a poisonous
racism and anti-Muslim rhetoric. Sheikh Mohamad al-Moayad and Mohamad
Zayed join many other Arabs and Muslims persecuted under the guise of the
"war on terror" amid the criminalization of Arab political
activity and Muslim charitable work. However, the stories of these
prisoners of conscience remain widely unknown in the United States -
allowing the government ever more free reign in its campaigns of
persecution. <br><br>
Your support is urgently needed. Please sign on to and send the
<a href="http://www.al-awdany.org/politicalprisoners/prisonercampaignletters.html">
letters</a> provided to the judge on the case, the warden and to the
Yemeni government. Our voices must be heard to support Arab and
Palestinian political prisoners in the United States, lest the voices and
the work of many "fathers of the orphans" be lost in U.S.
prisons.<br><br>
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