Loretta Lynch alleges Mahdi Hashi is a chemical weapons and countersurveillance expert!

One week ago, a little-noticed tweet announced that Mahdi Hashi, a British-Somali young man who disappeared from his home in Somalia in mid-2012 and suddenly appeared in a Brooklyn Federal Court last December on terrorism-related charges, had been on a hunger strike and hospitalized with jaundice and potential of liver damage.  Shortly before Hashi disappeared (and rendered, as it turns out), the British government stripped Hashi of his citizenship on the grounds that he was engaged in “Islamicist activities.” (See links below to read more about Hashi’s situation).

In a phone call, Arnaud Mafille, a caseworker at Cage Prisoners, indicated that Hashi’s strike is in protest of the extreme Special Administrative Measures (SAMs) imposed on him, including restricted contact with his family. According to Saghir Hussain, the lawyer for Hashi’s family,

“The information was provided by MH to his father over a short telephone conversation, which was interrupted by the authorities after “60 seconds or so.”

SAM’s often consist of extreme conditions, such as daily 23-hour solitary confinement, and with extremely restrictive contact or communication with anyone, including family members.  SAM’s have also been imposed upon Muslim prisoners for “infractions” such as praying in a language other than English, or even praying with an open mouth.  SAM’s have become de rigeur for most, if not all, men suspected of giving material support to organizations or individuals themselves suspected of terrorism. Laura Rovner and Jeanne Theoharris have written extensively about SAM’s here; Theoharis also describes the horrific details of SAM’s in relation to one of her former students, Fahad Hashmi.

Four days after news of Hashi’s hunger strike, CBS News reported that a new letter was “quietly dropped” into the files of Mahdi Hashi and two others who had been indicted alongside hime, Ali Yasin Ahmed, and Mohammed Yusuf’s files. The letter alleges that Hashi had substantial knowledge was chemical weapons expert and was helping Al-Qaeda build a chemical weapons factory. The story itself is a fascinating confirmation of the thesis that the press is the government’s helper. The document “alleges,” but the press believes the allegations unconditionally.

I can’t get the video to embed, so here’s the link:

http://www.cbsnews.com/8301-505263_162-57603620/court-document-references-al-qaeda-linked-chemical-weapons-program-in-somalia/

Notice the “critical” comments by CBS “This Morning” host, Charlie Rose, as he and Norah O’Donnell consult with CBS Senior Correspondent, former assistant CIA Direct, John Miller.

The last few weeks have been filled with reports about chemical weapons being used in Syria, but this morning a new filing in an obscure terrorism case is confirming something long feared: a chemical weapons program run by Al-Qaeda.

Miller, the canny investigative reporter that he is, notices that a new letter was “quietly dropped” into Mahdi Hashi’s, Ali Yasin Ahmed and Mohammed Yusuf’s files, which point to their expertise in helping Al-Qaeda develop a chemical weapons program!

The causal overdeterminations made in this short segment are fascinating: The letter, dated September 18, 2013, was written by US Attorney Loretta Lynch. According to Rose and Miller, it confirms the existence of a chemical weapons program by Al-Qaeda, which had been LONG FEARED.

In fact, the letter confirms nothing of the sort, except that this is what the US Government is claiming in order to restrict Hashi, Ahmed, and Yusuf from any access to the outside world, and perhaps other untold, more extreme, measures. Lynch’s letter also specifies that the SAM’s restrict their access to “each other” (presumably because they might conspire to…something(?). I suspect that Lynch’s phrase indicates that they also have no contact with anyone, i.e., they are each being held in solitary confinement, though I have found no explicit evidence of this yet.

Neither Rose, O’Donnell, nor Miller question the timing of the letter—nor do they explain the purpose of the letter–in making this causal connection.

Let’s consider the October and November superseding indictments of Hashi and his alleged co-terrorists, and Lynch’s letter. Up until today, all three had been indicted on fairly general charges: (1) a “conspiracy to give material support to terrorism,” which by most measures is an extremely weak charge, usually indicating little concrete evidence, if any, that can convincingly link a person to terrorist activity; (2) Material support to a foreign terrorist organization; and (3) Firearms.There is no mention of chemical weapons or counterterrorism intelligence expertise in initial indictment.

Now, the thrust of Lynch’s letter was to request separate appearances for all three defendants. Lynch does so presumably on the same grounds by which Special Administrative Measures were ordered for them (also mentioned in the letter), namely because

The Attorney General, in directing that such restrictions be implemented, previously found that “[b]ased upon information provided to me of [the defendants’] proclivity for terrorism . . . there is substantial risk that [the defendants’] communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of serious bodily injury to persons.

Indeed in the last part of the letter, Lynch states that separate appearances are requested because of the above grounds and

To minimize the potential for violations of the defendants’ SAMs during their appearance in Court and for the safety of the defendants themselves.

The safety of the defendants themselves?? From whom? Each other? From Al-Qaeda? They, like the rest of us, are already aware that these three are in prison..

Even a vegan can recognize red herring when they see one. Consider the timing of this letter. It is filed

-after ten months of silence in Hashi’s et al’s cases, and only five days after word of his hunger strike.

– fewer than 2 months after the news about chemical weapons attack in Syria, which tempted the Administration to launch a military attack in Syria.

-fewer than 4 months since Edward Snowden leaked documents confirming extensive NSA surveillance of all American citizens, non-citizens, foreigners—EVERYONE. Those revelations prompted renewed calls for transparency and accountability on the part of the Obama Administration, which has been reeling defensively and searching for new ways to make the case that the US MUST spy on everyone for the purposes of national security.

Claiming “Al-Qaeda!” will surely remind us of the need for spying. And sure enough, CBS News responded appropriately about the “confirmation” of a chemical weapons program developed through “commercial” and widely available ingredients.

Nor does CBS question why, after extremely vague charges filed despite months of interrogations, there are suddenly such specific allegations such as,

(2) the defendants have extensive weapons and combat training and were formerly members of an elite al-Shabaab suicide bombing unit.

and

(4) the defendants are dangerous and influential foreign al-Shabaab fighters who have previously employed operational tradecraft and counter surveillance techniques to avoid detection by law enforcement authorities.

One wonders how sophisticated Hashi could have been in avoiding detection by law enforcement authorities if he was scooped up as easily as he was.

I could be mistaken, but I believe this is the first time that allegations associating Hashi with chemical weapons or countersurveillance expertise have ever been made.

The rhetorical use of “expert” is fascinating given that the chemicals that are being used are most likely elementary. Household bleach thrown at a group of people can be a chemical weapons attack. It doesn’t have to be sarin gas (as Charlie Rose evokes in the segment in connection to the subway sarin attacks in Japan).

Are Hashi et al chemical weapons experts? Or are they new faces to map on convenient chemical weapons and countersurveillance accusations in support of the general War on Terror?

_______________

Other stories about Mahdi Hashi:

https://translationexercises.wordpress.com/tag/mahdi-hashi/

http://www.emptywheel.net/2013/01/04/the-disposition-of-informants-and-citizens/

http://www.independent.co.uk/news/uk/home-news/exclusive-how-mi5-blackmails-british-muslims-1688618.html

http://www.thebureauinvestigates.com/blog/2013/02/26/medieval-exile-the-21-britons-stripped-of-their-citizenship/

http://www.theguardian.com/world/2013/jul/14/obama-secret-kill-list-disposition-matrix

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150 Years Since Emancipation: We’ve (Hardly) Come a Long Way, Baby

Saturday, Sept. 22 marked the 150th anniversary of President Lincoln’s early emancipation of slaves from Confederate States which were still rebelling against Union authority by the beginning of 1863.  The official Emancipation Proclamation would be signed into law on January 1, 1863.  But slavery wasn’t constitutionally abolished until December 18, 1865, when the 13th Amendment was passed. Perhaps because it was the preliminary announcement, there was very little fanfare, save for several NYT pieces. One was a column on Lincon’s Great Gamble, and the other an editorial that traced the beginning of the Laws of War to that event.

Still, some things that come to mind:

  1. The Republicans, in spite of their supposed zeal to appeal to African Americans and other minority voters, missed an opportunity to trumpet the fact that it was a Republican President whose actions would eventually free several million black men and women. There’s still time to commemorate the actual anniversary of the Lincoln’s signing of the EP on Jan. 1, 2013—well after the election. It could mark a change in long-term strategy. Will they?
  2. As Angela Davis (philosopher, Black Panther, and ex-prisoner), Cornel West, and Michelle Alexander have been arguing, the abolition of slavery did not lead to the freedom of black men and women, but rather to the continuation of slavery by other “legal” means.  Other means included Jim Crow (apartheid and indentured servitude); more recently, we see the continuation of apartheid and slavery through the massive imprisonment, voter suppression and abrogation of other rights of convicted African Americans and other minority populations for non-violent offenses.
  3. Innumerable Black men, such as Mumia Abu-Jamal are in prison due to shoddy representation, improper trials, or other irregular procedures.
  4. Populations of color make up 30% of the US population, but 60% of the prison population.
  5. 1 in 3 Black men in the U.S. can expect to go to prison in their lifetimes. 1 in 10 Black men is in prison or jail in the U.S.
  6. Plea bargains—agreeing to concede guilt in exchange for a shorter sentence—account for 95% of all felony convictions in the U.S.  90% of all criminal convictions are the result of plea bargains. Plea bargains save the courts time and money by bypassing trials; and save prisoners potentially lengthier jail sentences.
  7. Plea bargains also require the arrested to waive three rights guaranteed by the 5thand 6th (right against self-incrimination, right to confront hostile witnesses, and the right to a jury trial).  They also enable the waiving of the right to appeal a conviction.  By extension, plea bargains do not guarantee that the “convicted” are in fact guilty.
  8. Latinos represent the largest percentage of the 400,000 migrants detained annually in centers across the United States (97%).  There are huge profits to be netted in the private management of these facilities. It is one of the most successful jobs program, expanded if not created, by the Obama Administration.
  9. Migrants who are arrested or detained for “unlawful” entry into the United States are at the mercy of the whims of USCIS officers. They are not entitled to lawyers. Nor to judicial review. That means they have no access to judges to review their cases and the accuracy of the charges against them—or of any other facts.
  10. The CIA has decided to offer some transparency by announcing the names of 55 out of 84 prisoners in Guantanamo Bay Detention facilities who have been cleared for released by the United States (court system?). Why not the other 19 men, too?
  11. Adnan Latif, a Yemeni who had been imprisoned without charges in Guantanamo since October 2002, had been cleared for release multiple times over the first 8 years of his unlawful imprisonment; his release was challenged by the Obama Administration and ultimately overturned by the Supreme Court 3 months ago because of “security concerns.”
  12. U.S. citizens Fahad Hashmi and Tarek Mehanna represent only 2 of many Muslim men who were arrested on suspicion of terrorism, confined without charges, and after many years, convicted of material support to terrorism. There is no public documentation of these charges. Public evidence of their “criminal tendencies,” point to their vocal religious and political dissent against U.S. foreign policies and empathies for states that were subject to the war on terror (both are technically protected under the U.S. Constitution’s 1st amendment).
  13. SAM’s—Special Administrative Measures–can be issued by an Attorney General against prisoners for any sort of minute infraction, and not be subject to judicial review after someone is “convicted.”  SAM’s can include solitary confinement for years at a time, revoking visiting privileges with one’s mother, refusing to allow a prisoner out of his solitary confinement for even his daily 1 hour allotment for exercise.  They can be issued for infractions that don’t need to be known to prisoners or their lawyers. If they are promulgated publicly, the reason for the SAM is because the prisoner is acting in a way that is deemed to incite riots or violence. I mean how else would one view the act of praying, or god-forbid, shadowboxing in solitary confinement?
  14. The NDAA 2011 gave the POTUS the unlimited authority to detain suspected terrorists anytime, anywhere—until a lawsuit against Section 1021 launched by journalist Chris Hedges and other journalists was won in May, and its enforcement stopped with a temporary injunction. A permanent injunction was instituted last week.
  15. The permanent injunction has been challenged by the Obama Administration as of last week.
  16. “Homeland,” a cable show (Showtime) that features a CIA agent who tracks a CIA agent/white U.S. citizen/former prisoner of Al-Qaeda as a potential enemy of the United States, won a 2012 Emmy last night for Best Drama.  Isn’t Clare Danes gorgeous as a CIA agent?  Just saying.

John Knefel: Adnan Latif Wrote to his Lawyer About Why He Wanted to End His Life

This article is reblogged from Alternet.org. It is a must-read and sheds more light on the needless and groundless circumstances that led Latif to give up all hope on his ever leaving Guantanamo Bay.I will refrain from calling this a tragedy: a tragedy is thought to be inevitable. Latif’s incarceration and suicide were anything but. What happened to Latif is a travesty. And there is plenty of blame to be assigned: to the past and current Presidential Administrations; the Supreme Court, and the U.S. Military, for starters.

What happened to Latif is still happening: and not only to Guantanamo detainees. Incarceration without due process rights, under unjust circumstances or false evidence is a regular event that happens to thousands of minorities–men and women–everyday in the United States: in U.S. prisons and detention facilities that hold migrants and refugees. More on this in a future post.

Dead Gitmo Prisoner’s Tragic Letter About Why He Gave Up on Life

by John Knefel

September 13, 2012  |

Adnan Latif was found dead in his cell on September 10th, 2012, just a day before the eleventh anniversary of 9/11. He was 32. Latif, a Yemeni citizen, had been detained at Guantanamo Bay for over a decade, despite a 2010 court ruling that ordered the Obama administration to “take all necessary and appropriate diplomatic steps to facilitate Latif’s release forthwith,” due to lack of evidence that he had committed any crime. He suffered at the hands of the US government in ways that most people can’t begin to comprehend, and his death should be a reminder that the national shame that is Guantanamo Bay lives on and now enjoys bipartisan support.

Reexamining a letter  he wrote to his lawyer David Remes in December of 2010 shows the depths of his despair near the end of his life. His letter begins simply. The first paragraph is just one devastating sentence: “Do whatever you wish to do, the issue is over.” He then goes on to describe Guantanamo as, “a prison that does not know humanity, and does not know [sic] except the language of power, oppression, and humiliation for whoever enters it.”

“Anybody who is able to die,” Latif writes, “will be able to achieve happiness for himself, he has no hope except that.”

He continues:

“The requirement…is to leave this life which is no longer anymore [sic] called a life, instead it itself has become death and renewable torture. Ending it is a mercy and happiness for this soul. I will not allow any more of this and I will end it.”

Latif attempted suicide in 2009 by slitting his wrists, and his attorney, David Remes, has said that he tried to kill himself on other occasions as well.

A car accident in 1994 left Latif with a head injury, which he was attempting to get treated in Afghanistan when he was captured near the border by Pakistani authorities. In January, 2002, he was sent to Guantanamo, with the unfortunate distinction of being one of the first detainees. According to the ACLU, Latif was cleared to be released in 2004, 2007, 2009, and again in 2010 by US District Court Judge Henry Kennedy. The Obama DOJ appealed the 2010 decision, in part because of a policy of not transferring detainees to Yemen, and so Latif remained in custody – not because of what he had done (which was nothing), but because of where he was born. The decision to appeal his release wasn’t a holdover from the Bush era. That was an affirmative decision made by the Obama administration, and any supporters who hoped Obama would close Guantanamo Bay should understand that fact.

Latif is far from the only prisoner still held at Guantanamo despite being okayed for release. “Over half of the people left in Gitmo have been cleared for years,” said Cori Crider, Legal Director at Reprieve in charge of managing litigation on secret prisons,who has represented clients detained at Guantanamo. Crider went on to say that although conditions at the prison are better than they were in 2002, indefinite detention is enough to break people.  “That young man, who was, say, twenty when he is seized, is thirty. He sees his life slipping away from him with no sign of release. Hopelessness takes lives at Gitmo now.”

There are, unsurprisingly, international legal ramifications to Latif’s death as well. “When a Government deprives a person of their liberty and keeps them in detention, it exercises almost complete control over that person’s security and well-being. Because of this control, if a person dies in custody, there is a presumption under international law of government responsibility,” said Professor Sarah Knuckey, Former Advisor to the UN Special Rapporteur on extrajudicial executions. “Thus, for any death in custody, the government must accept legal responsibility, or affirmatively demonstrate that it was not responsible for the death.” The understandable reaction that this is merely another example in an already disgracefully long list of international crimes committed since 9/11 only underscores how radical and warped US national security and foreign policy has become.

“A world power failed to safeguard peace and human rights and from saving me. I will do whatever I am able to do to rid myself of the imposed death on me at any moment of this prison.”

Adnan Latif’s letter is in full below. (Click to read a larger version)

Amherst, MA Opts out of ICE’s Secure Communities Program

This post inaugurates my return to the blogosphere.  Many topics to discuss, coming soon: VAWA, the unsung heroes surrounding Chen Guancheng’s achievements, Tarek Mehanna’s conviction.

I spoke at Amherst Town Meeting last night in support of passing Article 29* to the Town Warrant of Amherst, MA. Article 29 resolves not to participate in federal law enforcement programs relating to immigration enforcement, in particular, the Secure Communities program.  S.Comm, as it’s known, is an Immigration and Customs Enforcement (ICE) initiative, which directs local and state authorities to run the fingerprints of anyone with whom they come in contact in the course of their duties (to check on a complaint of theft, domestic abuse, a report of strange activity). They are directed to do so in order to check on the visa status of the complainant, the informer, the suspect–and then to inform the FBI, (who will then inform ICE), and to detain them for 48 hours (or long enough for ICE to move and transport them to detention facilities–where the chance to defend, challenge or ask for support is eliminated). ICE claims 2 things in its explanation: 1. “Absent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.”  2.  They direct ICE officers to “use discretion.” Discretion, as we know, is a dangerous thing. Discretion can be used to protect, or it can be used to enhance and aggravate an already ambiguous and incendiary circumstance.

As you may know, there is no automatic judicial review for anyone who is perceived to be an “illegal” migrant–nor even for those who are U.S. citizens (3500 citizens have already been deported). This means that any brush with local authorities for yellow, brown, or black people–regardless of citizenship status OR innocence–eliminates the ability to challenge the authorities’ decision to detain, move you to unknown territory, or let your family know, or arrange to have someone care for your children. Among other restrictions.

As of May 15, 2012, despite the explicit refusal of Massachusetts, Illinois, and New York to opt out of S.Comm, the federal government has insisted that S.Comm must be enforced. Massachusetts Gov. Deval Patrick, despite his initial resolution, has conceded to the demands of the Department of Homeland Security.

S.Comm, contrary to the claims of Janet Napolitano and ICE, will not make the Homeland a more secure place. The statistics given by reliable sources suggest that 79% of people deported under Secure Communities had no criminal records or had been picked up for low-level offenses, like traffic violations and juvenile mischief. Of the approximately 47,000 people deported in that period only about 20 percent had been charged with or convicted of serious “Level 1” crimes, like assault and drug dealing. 3500 of the persons deported under S.Comm were US citizens.

The national average of Secure Communities deportees with no criminal records was about 26 percent, but that figure also varied wildly around the country. It was 54 percent in Maricopa County, Ariz., whose sheriff is notorious for staging indiscriminate immigration raids. In Travis County, Tex., it was 82 percent. Here is what Secure Communities program will do: its purpose is to enable a a greater scope of action to arrest, detain, and direct the movements of migrants and non-whites (by holding them for ICE to scoop them up and take them to holding facilities, lose their children in the foster system, leave them without access to lawyers, family, or community). S.Comm enables greater police authority with little, if any, accountability, checks or balances on municipal, state, or federal.authorities when it comes to the treatment of people of color–citizens, residents, migrants:  It is one in which at any moment one is at the mercy of an authority—not because she has done something wrong, but because she is facing an authority.

S.Comm brings the rest of the nation much closer to the racial profiling laws of Alabama and Arizona, contrary to the claims of Eric Holder and Obama Administration in the Supreme Court’s review of SB 1070 several weeks ago.  Here are some features as they pertain to the S.Comm program:

*It does not ask for habeas corpus, or the charges of wrongdoing that are to be leveled against migrants.

*It does not ask for judicial review of the crimes in question before starting, finishing deportation proceedings.

*It does not recognize due process, or human rights protections.

Those 3 things belong to states that are based on political rights, on human rights, on constitutions, but they have been eliminated for folks of color and migrants in Arizona and Alabama racial profiling laws.

As I said last night, S.Comm is not designed to make us feel secure. It is designed to make those of us who are visibly “not of here,” fear any interactions with the law. It is designed to make those of us who appear to be “of here” to mistakenly believe that undocumented migrants are automatically criminals—that not filing paperwork or moving without filing paperwork (an illegal act) is somehow akin to a crime. That driving without a license deserves a cross-check with ICE, rather than just being charged with driving without a license and summoned to court to explain/defend oneself or deal with the traditional penalties that go with such a charge.  S.Comm is designed to deceive citizens into believing that poverty, crime, and unemployment are caused by migrants, undocumented or otherwise, and that by removing those migrants, the Federal Government is doing something about it by forcing local and state police authorities to report and cross-check the suspects—really—the yellow and brown and black suspects whom they’ve arrested.

Amherst Town Meeting voted morally–and nearly unanimously–to insist that Amherst Police Department cooperate minimally if at all “with federal law enforcement programs relating to immigration enforcement…” Here is the last paragraph of the resolution.

NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst and its officials and employees, to the extent permissible by law, shall not participate in federal law enforcement programs relating to immigration enforcement, including but not limited to, Secure Communities, and cooperative agreements with the federal government under which town personnel participate in the enforcement of immigration laws, such as those authorized by Section 287(g) of the Immigration and Nationality Act. Should the Commonwealth of Massachusetts enter into an agreement or Memorandum of Agreement regarding Secure Communities, the Town of Amherst shall opt out if legally and practically permissible. To the extent permissible by law, immigration detainer requests will not be honored by the Amherst Police Department. Municipal employees of the Town of Amherst, including law enforcement employees, shall not monitor, stop, detain, question, interrogate, or search a person for the purpose of determining that individual’s immigration status. Officers shall not inquire about the immigration status of any crime victim, witness, or suspect, unless such information is directly relevant to the investigation, nor shall they refer such information to federal immigration enforcement authorities unless that information developed is directly relevant. The use of a criminal investigation or arrest shall not be used as a basis to ascertain information about an individual’s immigration status unless directly relevant to the offenses charged.
 

Remember that little legal document–the U.S. Constitution–which acknowledges that we human beings—whether people, or police, or judges, or politicians—can be fallible? It does so by establishing a procedure by which charges need to proven procedurally, and rights are accorded in order to safeguard against kneejerk assumptions about guilt and criminality. We can make mistakes and accuse people wrongly of crimes. That’s why rights—protections of the accused, judicial review: a hearing in front of a judge, and constitutional protections—those things that make us feel a little safer from the caprices and arbitrary dislikes of human beings—are so important.

The way to Safer Communities—not Secure Communities—but Safer Communities is to build trust. The way many of us build trust is to communicate, to talk, to know that our neighbors and we all think of our towns as communities, to know that we are on the same side.Trust is established when a migrant knows that by approaching someone to report a crime, or asking for help because some injustice was committed (like a rape, an assault, a theft), she will not be thrown in jail, or put in arbitrary detention where officials can treat her badly as they like with impunity, because there is no accountability, no review, no checks.

S. Comm has been imposed on us by the Department of Homeland Security, urged by the Obama Administration—groups that are supposed to represent us (fyi) and supposedly disagree with AZ’s SB 1070, GA’s HB 87, and AL’s HB 56, even though the intent is similar. It is a program that urges us to turn in neighbors who don’t quite look like us, who seem to be “different”, who seem to be from “away.” It is not a program that represents us. It is a program that urges us to turn on one another so that politicians can capitalize on fear and xenophobia to be continually re-elected to office.  Secure Communities, in fact, will lead to insecure, unsafe, antagonistic, violent, and hostile communities.  They will render them a virtual police state; certainly, this won’t be the case for all of us. However, for migrants, legal and illegal, S.Comm will enhance fear and distrust.

Bravo, Town of Amherst!

____________________

*Full text of Article 29, as passed by Amherst Town Meeting on May 21, 2012:

WHEREAS the Town of Amherst has been enriched and built by generations of immigrants; and,
WHEREAS the program called “Secure Communities” (SComm), run by federal Immigration and Customs Enforcement, harms our communities by mandating the sharing of local law enforcement reporting with the Department of Homeland Security on individuals they detain or arrest, thus involving local law enforcement in federal immigration policy; and,
WHEREAS SComm is an unfunded mandate, meaning that the burden of incarceration, detention, and care for detained people falls upon the budget of local law enforcement and upon the Town of Amherst; and,
WHEREAS SComm rejects a community policing model, which is based upon trust between law enforcement and the population it is meant to protect and serve, and has already been shown to increase distrust and fear of local authorities, making many immigrants afraid to be witnesses and report crimes against themselves and others; and,
WHEREAS SComm violates the Town of Amherst Bylaws, including the Human Rights Bylaw (STM- November 8, 1999, Art. 16), as SComm explicitly promotes discrimination on the basis of nation of origin and implicitly promotes discrimination on the basis of race, color, and socio-economic status; and,
WHEREAS the Code of Federal Regulations, 28 C.F.R. §20.21(c)(3), provides that “[s]tates and local governments will determine the purposes for which dissemination of criminal history record information is authorized by State law, executive order, local ordinance, court rule, decision or order”; then
NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst and its officials and employees, to the extent permissible by law, shall not participate in federal law enforcement programs relating to immigration enforcement, including but not limited to, Secure Communities, and cooperative agreements with the federal government under which town personnel participate in the enforcement of immigration laws, such as those authorized by Section 287(g) of the Immigration and Nationality Act. Should the Commonwealth of Massachusetts enter into an agreement or Memorandum of Agreement regarding Secure Communities, the Town of Amherst shall opt out if legally and practically permissible. To the extent permissible by law, immigration detainer requests will not be honored by the Amherst Police Department. Municipal employees of the Town of Amherst, including law enforcement employees, shall not monitor, stop, detain, question, interrogate, or search a person for the purpose of determining that individual’s immigration status. Officers shall not inquire about the immigration status of any crime victim, witness, or suspect, unless such information is directly relevant to the investigation, nor shall they refer such information to federal immigration enforcement authorities unless that information developed is directly relevant. The use of a criminal investigation or arrest shall not be used as a basis to ascertain information about an individual’s immigration status unless directly relevant to the offenses charged.”

H.R. 347 and Quelling Political Protest: You Ain’t Seen Nothin’ Yet

When President Obama promised in his signing statement not to deploy NDAA maliciously, he was really distracting us from the real issue at stake in the passage of that bill. NDAA (click the link for the PDF; the HTML version is missing the crucial Sec. 1021) cemented the rollback of civil liberties, a rollback that had been noted prominently in the USA PATRIOT ACT, and continued through numerous bills since 2001.  As we know, NDAA gives POTUS the authority to order the US Military to detain indefinitely anyone suspected of terrorism on US Soil or on international grounds.

Here is the wording that pertains to whom is liable to indefinite detention. Besides those who took part in the attacks of September 11, 2011, Section 1021 also includes

A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
 

In fact, according to Sections 1021 and 1022, the US Military is “required” to detain anyone suspected of “assisting” Al Qaeda, or other terrorist groups to be held indefinitely by the US Armed Forces. Section 1022 also enables POTUS the option to extend that provision to US citizens, and it promises to detain anyone who commits a “belligerent act” against the U.S. or its coalition allies in aid of such enemy forces, under the law of war, “without trial, until the end of the hostilities authorized by the [AUMF].”

What is especially alarming in NDAA, besides the infinite expansion of authority awarded (and demanded by the POTUS in order to sign it), is the ambiguous wording of Section 1021. Anyone who “aids” enemy forces or commits a “belligerent act.” Belligerence, in this day, can be interpreted to mean getting pissy or making bad jokes with TSA officials at US airports. It can also mean being “angry,” as the White House has already warned Occupy protestors. And, as we know, in this age of unabashed warrantless surveillance of folks’ online surfing habits, it can mean listening to the sermons of fundamentalist preachers (always Muslim, of course), or writing pointed critical comments about POTUS or the War on Terror or the US Banks, or the 1%, or the NYPD, or…

While NDAA doesn’t break any new ground in the violation of the civil liberties of US citizens, it does open up the slippery slope to conflate political protest or civil disobedience and a “threat” to the safety of politicians.   This past Monday, the House voted to approve, 388-3, a bill that cements that slippery slope. HR-347 makes it illegal for anyone to be in a Federal building, or be near a person who is protected by the Secrete Service, without permission to be there. Yup. Seriously.

Here’s an excerpt:

‘‘§ 1752. Restricted building or grounds
8 ‘‘(a) Whoever—
9 ‘‘(1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so;
‘‘(2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
‘‘(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or
‘‘(4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds;
or attempts or conspires to do so, shall be punished as provided in subsection (b).
‘(b) The punishment for a violation of subsection (a) is—‘‘(1) a fine under this title or imprisonment for not more than 10 years
 

Any bells going off? The bill, less than 3 pages, packs a serious punch to the 1st Amendment. If you are a citizen, non-citizen, foreign national–doesn’t matter–and you want to express your dissent, protest, disagreement of current policies and practicies in proximity of some of the powers who created them, whether in a Federal Building, in front of the White House, or in front of Rick Santorum or Mitt Romney–you are now engaging in an illegal act.

The amount of damage that it can potentially do to the capacity to express dissent, to protest, to challenge political authority is enormous: Good-by Occupy. Good-bye political demonstrations near US politicos. Good-by, dissent of POTUS’ War on (Terror? WMD’s? Iraqi massacres? Drones? Iran? I’m not sure anymore).  This bill is a response by the political powers that be to the increasing unrest, anger, and outrage that their plutocratic, kleptocratic and authoritarian actions are inducing: bank theft and embezzlement, violence by a police state, murder of US and foreign nationals, invasion and murders of civilians under the auspices of “democracy,” and many other heinous actions.

This bill, which still has to be passed by the Senate before it can become law, is the logical extension of the series of bills that expand the political aura and untouchable authority of our politicos and the ruling elite which is increasingly identical. Note the political success of billionaires Mayor Michael Bloomberg (defending the NYPD’s surveillance of Muslims outside his jurisdiction, including in CT, PA, NJ, or Syria, Iran, Lebanon and elsewhere), former NJ Jon Corzine (former head of MF Global, which is missing substantial sums that can’t be accounted for), Mitt Romney, etc.

Don’t be fooled by the “kinder, gentler” message delivered by Obama in the NDAA signing statement. That was just the foil. The best of political silencing is yet to come.

Where is Their Refuge in This World?

Once they had left their homeland they remained homeless, once they had left their state they became stateless; once they had been deprived of their human rights they were rightless, the scum of the earth.” Hannah Arendt, Origins of Totalitarianism (1951), ch. 9.

I’m still troubled by many (white and non-white) progressives’ diffidence over U.S. foreign policy.  Besides some of the principled and humbling speeches of Dr. King this week, I reread selections from Hannah Arendt’s masterpiece, Origins of Totalitarianism (Origins), published in 1951. Arendt, a philosopher and a journalist, fled to France from Germany in 1933.  In France, besides working to assist other Jewish refugees, she was imprisoned in a concentration camp. Eventually, with the help of friends, she escaped. She made her way to the United States, where she taught at the New School and the University of Chicago. You may have read her series of searing critical articles on the trial of Adolph Eichmann, published in the New Yorker in 1961 (eventually published as a collection under the title, Eichmann in Jerusalem).

Origins is a sobering analysis that tries to make sense of how hundreds of thousands of Jews and other minorities could have gone from being seemingly secure in their political status as members of a nation to being—first—homeless, then stateless, then rightless.  As usual, I come back to Chapter 9, which is entitled, “The End of the Nation-State and the Declaration of the Rights of Man.”  Did I mention that Ch. 9 is brilliant? Please go read it.

“The soldier during the war is deprived of his right to life, the criminal of his right to freedom, all citizens during an emergency of their right to the pursuit of happiness, but nobody would ever claim that in any of these instances a loss of human rights has taken place.”

I disagree with Arendt about what citizens lose “during times of emergency.”  I don’t think it’s simply the “pursuit of happiness,” a la Alexis de Tocqueville. I agree with Katha Pollitt that civil rights (24:10)—the right to sit at a lunch counter, to be waited on, to vote, to move about without fear of assault, without fear of violence or rape, the right to reproductive health–are unconditionally important.

But I want to make two points here:

1. The right to sit at a lunch counter, to vote, to move about without fear of violence can’t be enjoyed when one is under aerial bombardment or being shot by soldiers. Or dead.

2. Civil rights are national rights, but they are not exclusively national rights. They are not merely rights based on membership.  Rather, they are human rights that should belong to every human being, regardless of nationality, that should be enforceable through the state.

These rights must be extended to migrants and residents living in the US, regardless of political status: the right to water, the right to schooling, the right to medical care, the right to walk down the street without fear of assault or racial profiling or being arrested. But the right to know why I am being arrested, being detained—the right to know the evidence against me, the right to a lawyer, the right to a trial based on Constitutional—aren’t these really human rights protections (Look at how similar these rights are to those listed in the United Nations Declaration of Human Rights)?

I think Arendt wanted to distinguish the loss of civil rights from the loss of those rights that get to the heart of what it means to be human. We see something of this in the epigraph above and in the quotation below:

The first loss which the rightless suffered was the loss of their homes, and this meant the loss of the entire social texture into which they were born and in which they established for themselves a distinct place in the world…[t]he second loss…was the loss of government protection, and this did not imply just the loss of legal status in their own, but in all countries…By itself the loss of government protection is no more unprecedented than the loss of a home…The more the number of rightless people increased, the greater became the temptation to pay less attention to the deeds of the persecuting government than to the status of the persecuted.

Her words seem so urgent as I think about the indifference of US nationals to the continuation of war under the current Administration. This isn’t just jingoistic foreign policy, as anti-racist activist Tim Wise suggests. We can’t make a qualitative distinction between racism at home versus racist actions internationally. Wars—on terror, on Iraqi and Pakistani civilians, on the bodies of Muslim men (through torture, indefinite detention, solitary confinement), on MEMSA* families– is an assault, a violation of, the homes, the communities, the culture, the livelihood of millions of civilians. The loss of a physical home is mirrored by the existential loss of home.

Where is my refuge, my sanctuary, in this world?  Many of us asked as we felt that existential loss of home on September 11, 2001. We were devastated by the complete rupture in our sense of safety, the deep rent in our communities’ sense of permanence.

The women and men and children on whom we are waging war are asking that same question. The men and women migrants–in detention centers around the US for the simple crime of wanting to sustain their lives and families—ask that same question:  Where is my refuge in this world?  MEMSA’s, who are beaten, tortured, in detention centers around the country, ask that same question: Where is my sanctuary in this world?  Lakhmar Boumedienne, an Algerian relief worker detained in Guantanamo for 7 years before being released, wonders the same thing: where is my refuge in this world, where I did nothing wrong except commit the crime of being Muslim?

The right to live—for US citizens or nationals, for Pakistani, Iraqi, Afghan nationals is not—should not be–dispensable. Ditto Iran. The right to live a life free of terror, free of aerial bombardment, should be indispensable. The ability of children to grow up without fear of drone attacks, without fear of soldiers shooting: is this not a right?

Equally indispensable are the rights to one’s home, one’s culture, one’s social world, one’s status as a political being.  Should it not be an indispensable right to be recognized as a human being with dignity?  For Arendt, this could occur only when people were recognized in their political dimensions: as citizens of a nation. But without those political protections, human beings are seen, as Arendt says, as the scum of the earth.

It is not just US foreign policy that deprives human beings of these rights. Our domestic policies, including the NDAA, deprives us of these rights. Anti-immigrant laws in Arizona, Alabama, Georgia deprive us of these rights even when NO crimes have been committed: right to live without fear of arrest. The right to live with privacy. The right to water and electricity.  The right to hospital care. The right not to be detained. The right to live within our communities. If the world can recognize that these are human rights, why can’t we here in the US?

Why are we not outraged when our own President approves these violations of human dignity?  A few years ago, Judith Butler, a philosopher who has been critical of US policies over the last decade, asked why certain lives are more grievable than others. She points out that we have very few images, frames, stories to associate with the deaths of Iraqi or Palestinian (and, I might add, Pakistani) children. Is it because, as she suggests, their lives are “unreal?”  “If violence is done against those who are unreal, then, from the perspective of violence, it fails to injure or negate those whose lives are already negated.” (Precarious Life, ch. 2)

Are the lives of brown men, women, and children abroad unreal? Already negated? Can they be worth less than the lives of US nationals?  I wonder if this is why the victims of the War on Terror seem so negligible that there is no urge to have our politicians, pundits, progressives, political organizations, race-advocacy organizations insist on bringing those lives to the forefront for discussion?  Would Dr. King approve of our prioritizing the status quo of our privilege (and yes, I mean mine and yours)—black, white, brown—over the lives of children who don’t live here? Over the lives of men and women who don’t live here? Can we—as progressives and liberals and feminists and anti-racists—be that inhumane as we think about our political future as a society?

Where is their refuge in this world? Where is our refuge in this world?

______________________

*Muslim/Middle Eastern/South Asian

Guest Post: “Where is My Half Glass?”

The brilliant Robert E. Prasch, an economist at Middlebury College, reflects on the Obama Presidency.

President Obama, Where Is My “Half Glass”?

By Robert E. Prasch

Since deftly managing the Congressional “debate” over health care to eliminate the public option, the White House has found itself criticized increasingly by voices from within the Democratic Party. President Obama and his spokespersons were irritated to discover the following: those Democrats who wrote the checks, pounded the pavement, and got out the vote for “Change You Can Believe In,” really wanted change.  Who knew?  Robert Gibbs, David Axelrod and the President himself have all made it clear that they view such critics as childish “purists” unsatisfied with a “glass half full.”  I have only one question.  “Where is my half glass”?

Let us briefly review the administration’s performance on four areas of great concern to those who supported Barak Obama in 2008.  These include the financial crisis & economy, the endless Bush wars, the shocking erosion of civil liberties, and increasing unaffordable health care.

Less than one month after the historic November 2008 election, we were informed that “Hope and Change” would include neither the financial sector nor the economy. This occurred on November 28th with the announcement of two critical appointments.  The first was that of former Clinton Treasury Secretary Lawrence Summers, a chief architect of the policies that set the groundwork for the 2007-2009 financial crisis, to head President Obama’s National Economic Council.  The second was that of Timothy Geithner, former Clinton Undersecretary of the Treasury and then President of the New York Federal Reserve Bank (NYFRB), as the new US. Treasury Secretary.  Geithner informed the US. House of Representatives –very truthfully– that he “had never been a regulator.”  The sad part is that the Federal Reserve and specifically the NYFRB has a substantial role in bank regulation and regulatory policy, a role in which he clearly and most publically failed. Several months after taking office, President Obama declared that he would reappoint Ben Bernanke to chair the Federal Reserve System.  With these three leading the way, can we be surprised that the Obama Administration never devised serious policies or took substantial action on financial reform, Too Big To Fail banks, rampant mortgage and bank fraud, high and persistent unemployment, or mortgage relief?.  Can we be surprised to learn that his idea of a jobs program was to push through President Bush’s “Free Trade” agreements?  Is anyone surprised to learn that he is now considering cuts to Social Security?

By contrast to the economy, candidate Obama frequently stated his commitment to Bush’s Middle East wars.  His attachment to the status quo was signaled the day after the Summers/Geithner announcement when it was revealed that he would reappoint Bush’s Defense Secretary Robert Gates (This, of course, was the same Robert Gates who narrowly avoided indictment for lying to Congress over his role in the Reagan Administration’s Iran-Contra Affair).  Officially, the US war on Iraq ended this past summer, but that event occurred according to a timetable set up by Bush–and only because Obama could not negotiate blanket immunity for US soldiers in the wake of the Wikileaks revelations.   Before shifting to another topic, I would also advise readers to take a moment to review the size of the “training” and “security staff” that have been left behind in Iraq, along with the size of the forces stationed in Kuwait and the other Gulf States.  Do not think for a millisecond that anyone in the Middle East is unaware of the size and lethality of the army and naval armada the US has stationed in their midst.  (For those who may imagine that this is about “promoting democracy” in the region, I have a one-word refutation – Bahrain.  YouTube has numerous videos featuring Bahraini police, and their ally, the Saudi Arabian army, shooting peaceful protestors.  And let us refrain from discussing the almost daily atrocities occurring in Egypt, or the out-of-control predator drone program).

What of civil liberties?  Here the record is genuinely appalling.  The prisoners of Guantanamo Bay continue to languish without proper judicial hearings, and the extended pre-trial treatment of Bradley Manning is criminal by any standard of measure.  Obama’s vigorous attack on whistleblowers who shed light on the idiocy and mendacity of the bloated bureaucracies associated with the national security apparatus is an ongoing scandal.  In fairness, candidate Obama did “tip his hand” on these issues when he suspended his campaign so that he could fly to Washington to vote in favor of retroactive immunity for the telecommunications companies that violated the law, and profited mightily from, working with Bush and Cheney on illegal wiretapping programs.  Moreover, he has never deviated from Nancy Pelosi’s early insistence on blanket immunity for all Bush administration officials who lied to Congress, promoted or engaged in torture, war crimes, etc. The record, apparently, is not sordid enough.  On December 23rd 2011 Obama signed a bill co-sponsored by Sen. John McCain granting the President, on his own whim, the ability to imprison anyone, anywhere — American citizen or not — for an indefinite period without an attorney, charge, jury trial, or any other kind or variety of review.  Goodbye 4th Amendment, you will be missed.

Finally, a word about “health care reform.”  This bill neither “gives” nor “provides” anyone with health care or health insurance.  On the contrary, it mandates that everyone purchase his or her own policy.  There is a some commitment to providing subsidies to those who cannot afford a policy – but anyone who has ever followed politics knows what will happen to it when budget cutting season returns (they also know that when the subsidies go, the mandate will surely stay).  The bill also embodies a vague commitment to reducing health care costs that is not worth the paper upon which it was written.  Elementary economics tells us that if health insurance policies are subsidized they will rise in price.  This tendency will be even more pronounced if people are forbidden from deploying their single greatest negotiating tool – the threat to leave the market altogether.  Obama’s “accomplishment,” if we can call it that, is to provide even more money and market power to the single largest obstacle to affordable health care – the private insurance companies.

Alarmed by trends in the then-new administration, columnist Bob Herbert called attention to them while identifying a core flaw in the thought processes of its apologists, “Policies that were wrong under George W. Bush are no less wrong because Barak Obama is in the White House” (New York Times, June 22nd, 2009).  Two years have passed since Herbert wrote these words.  So I ask again, if Obama’s 2008 supporters have received a “half glass” on the four issues summarized above, then where is it?  At this point, I can’t even see the glass.

Robert E. Prasch is Professor of Economics at Middlebury College where he teaches courses on Monetary Theory and Policy, Macroeconomics, the History of Economic Thought, and American Economic History.  His latest book is How Markets Work: Supply, Demand and the ‘Real World’ (Edward Elgar, 2008)