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<font size=3><i>Friday, November 2nd, 2007<br>
<a href="http://www.democracynow.org/article.pl?sid=07/11/02/1336234" eudora="autourl">
http://www.democracynow.org/article.pl?sid=07/11/02/1336234<br>
</a></i></font><font size=4><b>The Case of the LA8: U.S. Drops
Twenty-Year Effort to Deport Arab Americans for Supporting Palestinian
National Rights<br><br>
<br>
</b></font><hr>
<font size=3>Prosecutors have ended a 20-year attempt to deport two
Palestinian Americans for allegedly raising money for the Popular Front
for the Liberation of Palestine. Earlier this year an immigration judge
ruled the government violated the defendants’ constitutional rights in a
case he called "an embarrassment to the rule of law.” We speak to
one of the men, Michel Shehadeh, and attorney Marc Van Der Hout.
[includes rush transcript] <br>
<hr>
The U.S. government has dropped a major deportation case dating back to
the Reagan administration. On Tuesday, the Board of Immigration Appeals
announced prosecutors will end a twenty-year attempt to deport two
Palestinian Americans for allegedly raising money for the Popular Front
for the Liberation of Palestine. <br><br>
In 1987, the Reagan administration attempted to bar the two men, Khader
Hamide and Michel Shehadeh, and six others on the grounds that they were
connected to a communist group. The men became known as the L.A. Eight.
They were never deported because a federal appeals court declared the
anti-communist law unconstitutional. <br><br>
Earlier this year, an immigration judge ruled the government violated the
defendants’ constitutional rights in a case he called "an
embarrassment to the rule of law.” The ruling marked the government’s
sixth unsuccessful attempt at prosecution. Under a settlement, Hamide and
Shehadeh will be allowed to apply for U.S. citizenship in three years.
<br><br>
Michel Shehadeh joins us the phone from California. One of his attorneys,
Marc Van Der Hout of the National Lawyers Guild, is here in Washington.
<br><br>
<ul>
<li><b>Marc Van Der Hout</b>. Attorney with the National Lawyers Guild.
He has represented the LA8 for the past 20 years.
</ul>
<ul>
<li><b>Michel Shehadeh</b>. Palestinian activist and one of the
LA8.<i></i>
</ul><br>
<b>AMY GOODMAN: </b>The US government has dropped a major deportation
case dating back to the Reagan administration. On Tuesday, the Board of
Immigration Appeals announced prosecutors will end a twenty-year attempt
to deport two Palestinian Americans for allegedly raising money for the
Popular Front for the Liberation of Palestine. <br><br>
In 1987, the Reagan administration attempted to bar the two men, Khader
Hamide and Michel Shehadeh, and six others on the grounds that they were
connected to a communist group. The men became known as the L.A. Eight.
They were never deported, because a federal appeals court declared the
anti-communist law unconstitutional. <br><br>
Earlier this year, an immigration judge ruled the government violated the
defendants’ constitutional rights in a case he called "an
embarrassment to the rule of law.” The ruling marked the government’s
sixth unsuccessful attempt at prosecution. Under a settlement, Hamide and
Shehadeh will be allowed to apply for US citizenship in three years.
<br><br>
Michel Shehadeh joins us the phone from California. One of his attorneys,
Marc Van Der Hout of the National Lawyers Guild, is here in Washington,
D.C. He has worked on the case for all the twenty years, along with
attorneys from the ACLU and the Center for Constitutional Rights.
<br><br>
Michel Shehadeh, thank you for joining us. This case has taken you
through four presidential administrations. Your feeling on the dropping
of the case? <br><br>
<b>MICHEL SHEHADEH: </b>Well, I’m really thrilled and relieved that,
after twenty-one years, this day that we were dreaming of it, you know,
it’s here now. We feel vindicated, and this dark cloud and the nightmare
of this case that felt like a sword hanging over our head is finally
finished. <br><br>
<b>AMY GOODMAN: </b>Marc Van Der Hout, you’ve been there from the
beginning. How was this case brought? <br><br>
<b>MARC VAN DER HOUT: </b>The government, from day one, tried to use this
case to establish its right to go after immigrants in this country who
have done nothing illegal. William Webster, the head of the FBI, admitted
when he was being confirmed for the CIA that the government had done a
three-year undercover operation -- surveillance of Michel, Khader and the
others -- and had come up with nothing they had done illegal, no crimes
committed. <br><br>
They turned it over to immigration and said, “Can you figure out some way
to deport these people? Why? Because we don’t like their views. We don’t
like what they're doing, about their supporting the rights to a
Palestinian homeland and their organizing efforts in the Los Angeles
community.” <br><br>
So the government went after them. As you mentioned, the first statute,
the McCarran-Walter Act, was declared unconstitutional. Then Congress
passed a law saying we can deport people for providing material support
for terrorist organizations, and it said in furtherance of their
terrorist activity. We thought, “Great! Case over.” They had never been
accused of furthering terrorist activity. But the government used that to
say, we're going to try to deport people and establish the right to
deport people if they raise money for humanitarian causes, distribute
literature of an organization that also has a military component to it.
And that’s what this case has been about since day one. <br><br>
<b>AMY GOODMAN: </b>The Walter-McCarran [<i>sic</i>] against communists?
<br><br>
<b>MARC VAN DER HOUT: </b>McCarran-Walter Act, yeah, right. <br><br>
<b>AMY GOODMAN: </b>McCarran-Walter Act against communists. <br><br>
<b>MARC VAN DER HOUT: </b>Correct. That was the first statute. That was
declared unconstitutional. We got that statute declared unconstitutional.
Congress finally threw it out. That was a McCarthy-era relic. <br><br>
<b>AMY GOODMAN: </b>And they were saying that the Popular Front for the
Liberation of Palestine is communist? <br><br>
<b>MARC VAN DER HOUT: </b>Was a communist organization, correct.
<br><br>
<b>AMY GOODMAN: </b>And how did it come to be that at this point, during
the Reagan administration, during the so-called war on terror, a very
serious crackdown today, that the case was actually dropped? <br><br>
<b>MARC VAN DER HOUT: </b>The government lost the case probably six times
totally in the course of the twenty years. Each time, they went to
Congress to change the law and tried to get the decisions overruled from
the courts. Finally, they had to prove their case last year in a related
case, Aiad Barakat, one of the individuals who was applying for
citizenship. They tried to deny him citizenship on the same grounds:
providing material support to the PFLP. The government had nothing. They
couldn’t prove their case. I think finally they realized, when they had
to come up with evidence, they could come up with nothing. And saner
minds prevailed finally after twenty -- over twenty years, and they
decided to drop the case. <br><br>
<b>AMY GOODMAN: </b>Is the PFLP considered a terrorist organization by
the Bush administration? <br><br>
<b>MARC VAN DER HOUT: </b>PFLP has been designated, since 1997, as a
terrorist organization. They -- <br><br>
<b>AMY GOODMAN: </b>Ten years after these guys had first been charged
with it. <br><br>
<b>MARC VAN DER HOUT: </b>Correct, absolutely. And that’s one of the
issues that has always been in this case. It was not illegal to
distribute newspapers. We think it’s still not illegal to distribute
newspapers of organizations or to give money for charities, which is one
of the main things the Bush administration has been doing now,
prosecuting individuals for raising money for charities that have some
remote connection, perhaps, to groups abroad that are engaged in military
struggles, whether it was the PFLP in the ’80s or Hamas now or other
organizations. The government has been using this case to try to
establish the right to go after people for such activities. <br><br>
<b>AMY GOODMAN: </b>Michel Shehadeh, tell us, when this first happened in
1987, what were you doing at the time? How did you learn you were under
surveillance? And how has this affected you, your family, over the last
twenty years? <br><br>
<b>MICHEL SHEHADEH: </b>Well, Amy, this case happened in 1987, on January
26 of 1987, and I was living in Long Beach then. I was sleeping in my
apartment with my three-year-old son when about fifteen agents barged
into my house and handcuffed me and dragged me outside in front of my
son. And outside, the scene was like a scene from Hollywood. We had the
local police, three carloads, aiming their guns at the house and a
helicopter hovering on top of the house. And they took me to prison,
where we were in custody -- it was then I found out that the other seven
were also arrested. And we were incarcerated in San Pedro State Prison,
maximum security for twenty-three days. <br><br>
It took us a while to find out -- until our attorneys came and visited
after one week, that we found out the charges and the nature of the
charges. We didn’t know why we were incarcerated. We were wondering what,
you know, the reason were. And after one week, we found out that there
was a plan, a secret plan then, that was leaked to the newspapers then,
was -- the plan was entitled “Alien Terrorists and Undesirables: A
Contingency Plan.” And in the plan there were an outline of a test case,
and that test case to establish a legal precedent, so in case of a war,
as the plan says, or an incident, then Arab Americans will be round up
<i>en masse</i> and put in concentration camp, like what happened to the
Japanese Americans in 1945 after Pearl Harbor. And this test case will be
to establish that legal precedent, so the government will be able to do
it. And they said that they learned that from the registrations of
Iranians in 1979 during the Iranian Revolution, when they wanted to do a
registration of the Iranians, and they couldn’t, because they didn’t have
the law. <br><br>
So our attorneys in court were able to prove and establish that the
process of this case followed the outline of the test case that was
outlined in their plan to the letter. And so, we believe that we were
this test case over the years. And, you know, we had six sets of charges
throughout, because, as Marc has outlined, we were charged under the
McCarran-Walter Act, then under the 1990 Immigration Act, then under the
1996 Antiterrorism Act, then under the PATRIOT Act, and also under the
Real ID Act. So, we were charged retroactively also for things allegedly
that were done way before the law was established. <br><br>
And the toll on our lives was really huge, because, can you imagine
twenty-one years living with uncertainty, stigmatized? You can’t get a
job, because every time you go apply for a job and you get to the last
stages of the job, somebody googles your name, and then all this media
and the details of the case comes up, and usually the employer will get,
you know, scared, or they don’t want to deal with people who are
stigmatized as being or offering aid to terrorism. The uncertainty of not
being able to plan your life, to go into long-term plans, because you
don’t know if you're going to be deported any time. The emotional toll on
your family, that the family might be broken up if I was deported. My
wife and my two American-born kids are here. They're all American
citizens, and I’m the only one who doesn’t have this paper and this
document, and I can be deported. So, can you -- you can imagine this
nightmare of twenty-one years. It was really hard. It was like torture.
<br><br>
<b>AMY GOODMAN: </b>Marc Van Der Hout, I wanted to ask you a question
about the judge, Bruce Einhorn, the LA federal immigration judge, who
said the government's conduct in the case was “an embarrassment to the
rule of law” that left "a festering wound on" Hamide and
Shehadeh, who have been in legal and personal limbo for two [decades], as
we just heard Michel describe. The government's decision to throw in the
towel came nine months after Einhorn lambasted federal officials for
violating the men's rights, accusing the government of gross failure to
comply with instructions to turn over to the men potentially exculpatory
and other relevant information. What was that information? <br><br>
<b>MARC VAN DER HOUT: </b>Well, they never turned it over. But the
government conducted surveillance for three years, wiretaps under the
Foreign Intelligence Surveillance Act, video undercover surveillance. We
wanted to get all those records to prove that everything they had done
and the government evidence against them was completely legal, that they
had -- everything they had done was public. The events that they did were
public events. They raised money at these annual celebrations of the
anniversary of the Popular Front for the Liberation of Palestine. They
were public. They advertised on TV, etc. We wanted to be able to show
that everything the government had showed that they were legally --
acting legally. <br><br>
<b>AMY GOODMAN: </b>Michel, will you bring suit against the government?
<br><br>
<b>MICHEL SHEHADEH: </b>No, because the -- you know, this is like -- the
government is immune when it comes to cases like that. And that’s not our
interest. You know, we wanted this day to be vindicated and to prove that
this case has always been a political case, that we have done nothing
wrong, that all we did is to speak up our mind and our hearts and to
relay our thoughts to the public in regards to the Palestinian struggle
and to educate for Palestinian self-determination. That’s always been our
interest, and that’s what remains the case. <br><br>
And the idea that the truth came out is, to us, is a big payoff. We are
finally free, and the government has admitted that for twenty-one years
that we have done nothing wrong. And, actually, I just read the statement
that said that the government says that after a thorough examination they
found out that we are not a danger to this country. And I said, you know,
if they listened to us from the beginning, you know, this would have
saved twenty-one years of torture for us and a lot of expenses for the
tax dollars that have been spent on fabricated, trumped-up charges. And
this money should have been spent somewhere else. <br><br>
<b>AMY GOODMAN: </b>Well, Michel Shehadeh, I want to thank you for being
with us, one of the LA 8. The government has finally dropped charges
against him. And also Marc Van Der Hout, thank you very much for joining
us, of the National Lawyers Guild -- <br><br>
<b>MARC VAN DER HOUT: </b>Thank you very much, Amy. I appreciate it.
<br><br>
<b>AMY GOODMAN: </b>-- represented this case for the full twenty years.
<br><br>
<br><br>
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