In the post-9/11 climate of fear, Aref was targeted for his faith and ethnicity and victimized by a willful FBI frame. It began as a sting to entrap him. Charges against him were baseless. No evidence supports them. Yet he was falsely arrested, accused, indicted, tried and convicted in October 2006. It was on 10 of 30 fraudulent counts in a kangaroo court proceeding. They included money laundering, conspiracy to provide material support for a terrorist plot, terrorism, and making false statements in February 2002 and August 2004.
Aref was then sentenced in March 2007 and is now serving 15 years hard time at
In addition, the Supreme Court ruled in Johnson v.
Here’s a brief account of his ordeal and how events unfolded in his case:
— he’s from Iraqi Kurdistan;
— he came to America in 1999, worked as a hospital janitor, ambulance driver and later became the Masjid As Salam Mosque’s imam;
— the FBI targeted him and his friend, Mohammed Mosharref Hossain (a Bangladesh immigrant); it was in a 2003 sting that became a frame; it involved Aref’s courtesy for Hossain – agreeing to witness his loan transaction according to Muslim custom; it was at a time he spoke poor English, believed the transaction was legitimate, was unaware of any law violations, let alone a scheme to frame him;
— he was arrested in August 2004 and convicted in October 2006; charges against him were baseless and were from illegally obtained NSA warrantless wiretaps;
— he’s now at Terre Haute’s CMU, a victim of police state justice, separated from his wife and small children, and hoping for an appeals court verdict in his favor.
On March 24, 2008, Aref’s appeal was held before the Second Circuit Court of Appeals in
Aref’s Trial Lawyer’s Assessment of the Appeals Court Hearing
Here’s an account of the proceedings from one of his pro bono trial lawyers, Stephen Downs. He attended the hearing and recounted what happened. Forty-seven supporters were there from Aref’s home city of
Kevin Luibrand argued for Hossain on illegal entrapment. In addition, he claimed that "since the transaction was always presented as a loan, there was no attempt to conceal the source of the money, and hence no crime of Money Laundering occurred…." If the court agrees with either claim, Hossain’s charges may be dismissed. Further, if it accepts the Money Laundering argument, some or all of Aref’s counts may also be dropped.
Downs strikes a hopeful note that: "The Court seemed most interested in these two strong sharply focused arguments, and (assistant
Terry Kindlon argued for Aref. He mainly claimed that insufficient evidence was presented at trial to justify his conviction. In addition, there were numerous erroneous "evidence" claims to the jury.
In Down’s opinion, however, the lack of time spent doesn’t indicate how the court will rule. It chose instead to review all evidence in briefs rather than discuss them in detail in open court.
The remainder of Aref’s case involved procedural errors. If they’re accepted, it would result in a new trial but not dismissal of charges against him.
Cory Stoughton of the New York Civil Liberties Union also argued briefly for Aref and Hossain. He focused on how the trial judge handled classified material but withheld it from the defense. He also addressed the illegal NSA wiretapping issue. Downs again thinks this tact is "awkward" because the DOJ kept information secret so defense has no idea what it is or if it’s relevant. Even so, the short amount of time on this matter is no indication of its importance to the Court.
In a separate March 21 pre-hearing press release, the ACLU commented on the case. Executive Director Donna Lieberman said: "The courts must not be complicit in President Bush’s campaign of secrecy. NSA spying is unconstitutional, and secret opinions only aid the government’s effort to keep the illegal campaign hidden away from public scrutiny and outrage."
Before the March 24 hearing, Cory Stoughton added: "Secret court opinions are antithetical to the American system of justice. Especially when there are allegations of unlawful government surveillance and abuse of executive power at play, the public has a right to understand the government’s arguments and the courts’ justifications for their decisions." The ACLU firmly supports the public’s First Amendment right to understand what happens in the judicial process and abhors the government’s use of secret information.
Finally,
It means there’s a good chance the Court will rule favorably on the entrapment defense. The justices spent a lot of time on this argument. The DOJ had a lot of trouble explaining its side, and Downs thinks attorney Pericak did a poor job of it. His conclusion leaves this writer breathless and likely Aref and Hossain supporters as well: "The facts are there," in
As for Aref,
Down’s also believes the Court’s view of Aref’s character is important. If it thinks the DOJ unfairly targeted him as a "jihadist, at least he may get a new trial. His lawyer stressed the "character" issue so it may be key to the outcome.
On the issue of so-called "classified evidence,"
The New York Times on Aref’s Appeal
On March 25, the NYT wrote about the previous day’s hearing in an article titled "Convicted Imam Seeks Evidence of Wiretapping." The article’s tone was racist by emphasizing the term "imam" to highlight Aref’s Islamic faith. In addition, it stressed use of NSA wiretaps, ignored the more important defense arguments, and also left out the most pertinent facts about Aref’s case. Nonetheless, Times writer Alan Feuer included some key ones:
— that Aref was "convicted of supporting terrorism in an FBI sting operation;" (no mention was made of a willful frame);
— that he may have been "spied on improperly by the National Security Agency;" (in fact, he was);
— that if the Court agrees, his conviction may be "reverse(d);"
— that the FBI’s "sting" involved a "fictitious plot involving shoulder-launched missiles (to be used for) the assassination of a Pakistani diplomat in
— that secret DOJ evidence was withheld from defense lawyers with security clearances to see it; (it casts doubt on its relevance, authenticity or even existence);
— that the New York Civil Liberties Union testified on behalf of the defense for both men; and The Times concluded by saying:
"As it now stands, the case may be the best chance to obtain an appellate ruling on the (NSA’s wiretapping) program (that persists) without court approval." Aref’s case (and Hossain’s draw) "directly on the substantial constitutional protections afforded to criminal defendants."
The Times continued that last year a
A Personal Note
I first learned about Aref last March, wrote about him on March 13, and was encouraged that many web editors picked up the article. I also wrote to Aref, and he responded with a considerable delay because of the difficulty communicating with a federal prisoner, especially one called a "terrorist."
Aref’s letter was glorious. He wanted me to have his book, and I now do. It’s a poignant memoir/autobiography titled "Son of Mountains: My Life as a Kurd and a Terror Suspect." It was written at Troy, New York’s Rensselaer County Jail after his wrongful October 2006 conviction and before his transfer to Terre Haute’s CMU. It’s a courageous man’s story, and imagine his achievement. He wrote it in jail, barely spoke English when he arrived, has now improved it measurably, but he’s still learning.
I don’t think he’ll mind if I share some of his comments. He began hoping I’m fine, in good health, and then said: "Thank you very much for all you (did) and what you are doing to bring peace and justice for this nation and all over.
I read your article about my case (and) wanted to send you a letter and say thank you….I am glad you have (my) book, this means I will going to hear from you what you think of it, and I will be happy to receive many notes and advices from you….feel free to ‘critisice’ any part of any thing in the book."
Aref’s book is glorious. It deserves praise and admiration, not criticism, and it’s strongly recommended to readers. It’s also easily available through Amazon, the site has three 5-star reviews on it, it’s going into second printing after a limited first run, and book proceeds are for Aref’s four young children through his Children’s Fund.
Aref wrote much more, enclosed portions of his other writings, and he ended his letter saying: "You honored me by writing to me. I am sorry this is my best in writing English. Take care my ‘brother.’ Peace, salam. Yassin"
Yassin is now my "brother," a political prisoner and victim of injustice. Yet, his spirit seems high, he dreams of reunion with his family, and he continues to write. A recent article was on April 19. He called it "Bread for the Baker and Meat for the Butcher (Nan Bo Nanawa Goshtish Bo Qasab)." It’s five paragraphs long and says (from the Kurdish experience) "there is no possibility (in Iraq) for development, and we won’t see any stability til they let our bakers bake bread and our butchers prepare meat. If this doesn’t happen, we will see more corruption and our lives will become more and more miserable. Especially when:
Fools are ruling The blind are leading The ignorant are teaching The racists are preaching"
….and a brutal occupation continues its ugly oppression. At his article’s end, Aref cites two proverbs and asks that they be understood to "have a better sense of (one’s) self-respect and recognition of (one’s) own capacity." He wishes this for "many of our leaders and politicians (and) will be glad to see many of them honoring themselves by resigning from office." Millions around the world share that view and then some. Many also know about Yassin and how a brutish regime mistreated him.
Stephen Lendman lives in
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