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<font face="Times New Roman, Times" size=4>Jury acquits target of Feds’
witch-hunt<br>
</font><font size=3>
<a href="http://www.socialistworker.org/2007-1/618/618_12_Salah.shtml" eudora="autourl">
http://www.socialistworker.org/2007-1/618/618_12_Salah.shtml<br><br>
</a></font><font face="Times New Roman, Times" size=5><b>The frame-up
that fell apart</b></font><font size=3> <br><br>
</font><font face="Times New Roman, Times" size=2><b>By Nicole
Colson</b></font><font face="Arial, Helvetica" size=2> | February 9, 2007
| Page 12</font><font size=3> <br><br>
</font><font face="Times New Roman, Times" size=3>DESPITE THE best
efforts of federal prosecutors, a Chicago jury refused to convict
Palestinian activist Muhammad Salah on racketeering charges in one of the
highest-profile cases of the Bush administration’s “war on terror.”
<br><br>
Salah and co-defendant Abdelhaleem Ashqar were acquitted on charges that
they engaged in a “racketeering conspiracy” to provide money and other
aid to the Palestinian organization Hamas in the early 1990s. The two
were convicted of several lesser charges unrelated to terrorism.
<br><br>
“It is better than we thought,” Salah told reporters after the verdict
was read, as dozens of supporters, many from the local Muslim community,
gathered in celebration. “We are good people, not terrorists.” <br><br>
When the case against the men was announced by then-Attorney General John
Ashcroft in 2004, government officials made it clear that they viewed a
conviction against Salah and Ashqar as a major part of the “war on
terror.” <br><br>
Ashcroft painted Salah and Ashqar as among the worst of the worst,
telling reporters that between 1988 and 1993, the men “ran a U.S.-based
terrorist-recruiting and financing cell” that “financed the activities of
a terrorist organization that was murdering innocent victims abroad,
including American citizens.” <br><br>
Salah and Ashqar joined a growing list of Muslim and Arab activists that
the government has prosecuted for “materially aiding” terrorism--a list
that includes former charity organizers like Rabih Haddad and Enaam
Arnaout, as well as University of South Florida professor Sami Al-Arian,
who remains to this day imprisoned by the government on minor charges in
extremely harsh conditions. <br><br>
</font><font face="Arial, Helvetica" size=1>- - - - - - - - - - - - - - -
-<br>
</font><font face="Times New Roman, Times" size=3>THE GOVERNMENT claimed
Salah and Ashqar used U.S. bank accounts to funnel money to Hamas,
thereby making them directly responsible for supposed crimes carried out
by Hamas in Israel. But the case against Salah, in particular, was
riddled with inconsistencies. <br><br>
Weeks before the trial began last fall, prosecutors were forced to drop a
key charge against Salah--that he had sent a recruit to scout terrorist
targets in Israel in 1999--after it came to light that the FBI didn’t
trust the credibility of the “recruit,” who was an undercover government
informant. <br><br>
The rest of the supposed crimes committed by the men took place before
1997, when Hamas was first classified by the government as a “foreign
terrorist organization.” <br><br>
In addition, the key piece of evidence against Salah was a confession
obtained in 1993 while he was in the custody of Israeli secret
police--who are known for using torture in interrogations. <br><br>
Salah had been arrested at a checkpoint in Gaza with money that the
Israeli authorities claimed was for Hamas operations, but which he said
was for humanitarian purposes. <br><br>
Salah says he was then tortured by Israeli police. In court papers, he
described being “hooded, bound, deprived of sleep, housed in a
refrigerator cell, threatened, physically abused, held incommunicado and
denied access to a lawyer until he made oral statements and signed
written statements in Hebrew, a language he did not speak or understand.”
<br><br>
Salah spent nearly five years in an Israeli prison before being allowed
to return to his home and family in the U.S. <br><br>
But U.S. prosecutors glossed over the well-documented record of torture
techniques used by Israeli police, and the judge let Salah’s “confession”
be considered as evidence--with the two Israeli interrogators who
allegedly questioned Salah allowed to testify under aliases and with
their faces concealed. <br><br>
During the trial, U.S. Treasury Department official Matthew Levitt, a
government witness, was allowed to detail acts of terrorism allegedly
committed by Hamas against Israel between 1992 and 2004--even during the
years when Salah was stuck in an Israeli prison. But as Salah’s lawyer,
Michael Deutsch, pointed out on cross-examination, Levitt’s emphasis on
Israeli casualties obscured the reality of daily life for Palestinians.
<br><br>
According to one study Deutsch referred to, approximately 1,400 Israeli
soldiers and civilians have been killed since 1987, compared to more than
5,500 Palestinians killed. “Are you not interested in the fact that
Palestinians, unarmed Palestinian people, are killed at a rate of five
times the number of Israelis killed?” Deutsch asked Levitt. <br><br>
</font><font face="Arial, Helvetica" size=1>- - - - - - - - - - - - - - -
-<br>
</font><font face="Times New Roman, Times" size=3>PROSECUTORS ARE now
claiming that any conviction against Salah and Ashqar is a “victory.” But
the failure to convict the two on the most serious charges is widely seen
as a serious setback for the home front of the U.S. “war on terror.”
<br><br>
“This rejects the idea we can criminalize someone for resisting an
illegal occupation in another country,” attorney Michael Deutsch told the
<i>Washington Post</i>. <br><br>
Many in the Muslim community see the acquittals as a sign of hope. As
Salah told reporters as he left the courtroom, “The terrorism theory is
defeated. We are not terrorists, and everyone can see it.” Amira Daoud,
who worships at the same mosque as Salah, told the<i> Chicago
Tribune</i>, “Our community will no longer have to be afraid. I’m so glad
that American people--his peers--gave a verdict that shows he couldn’t
have done this.” <br><br>
Unfortunately, the lesser charges that Salah and Ashqar were convicted of
could carry a maximum sentence of 10 years in prison. And there’s every
indication the government will try to make sure they’re given the
maximum. <br><br>
After all, the U.S. Justice Department continued its witch-hunt against
Sami Al-Arian even after a jury last year acquitted him of, or deadlocked
on, 17 major terrorism charges. Al-Arian later pled guilty to a single
count of a relatively minor charge in order to avoid a retrial and end
his ordeal. <br><br>
Yet he remains in prison today, having twice been found guilty of
contempt after refusing to testify in another case--despite the fact that
his original plea agreement exempted him from further testimony.
<br><br>
As <i>Socialist Worker </i>went to press, Al-Arian was on his 15th day of
a hunger strike to protest the brutal conditions he’s facing in
prison--including solitary confinement, physical and verbal abuse from
guards, and prison cells infested with rats and roaches. <br><br>
As lawyer William Moffitt, who has represented both Ashqar and Al-Arian,
told the <i>New York Times</i>, the government wants to use these cases
to turn the fight for Palestinian rights in the Middle East “into a
battle of criminal law in an American courtroom.” “The Bush
administration cannot win this war by trying to make criminals out of
people who are fighting for their freedom,” he told reporters. “And two
American juries have said that.”<br><br>
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