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Wednesday, August 05, 2009

Freeing Innocent Muslims, Prosecuting Zionist Criminals

A few years ago I became involved in the conflict over the Roxbury Mosque. In the course of my research I began investigating the ongoing demonization of Islamic finance and Islamic charities, and lately I have become concerned about innocent Arab and Muslim Americans either

(1) The underlying principles of a lot of these case can be found in Hamas, Politics, Terrorism, and Charity in the Service of Jihad by Matthew Levitt, who used to work with Stuart Levey in the Treasury Department.

(2) The nonsense that Neocons can construct from these principles is quite amazing: U.S. Treasury Designates Two Individuals with Ties to al Qaida, UBL Former BIF Leader and al-Qaida Associate Named Under E.O. 13224. Unfortunately, only someone like Thomas Hegghammer or me and a few other specialists in transnational Arab, Islamic, and Jewish politics really understand how silly the claims actually are.


(3) The cases themselves depend on a perversion of language of the sort that Victor Klemperer documents in Lingua Tertii Imperii: Makdisi Overlooks US Journalistic Nazification.


(4) The government pursues these cases because a very close-knit group of think tank personnel infected the US government bureaucratic culture with their specialized epistemic culture during the Bush administration: [Khaleej Times] US Charities Paying for Sending Aid to Palestinians and [Uncut Version] Conspiracies involve lower US Officials.


Occasionally, the defense will benefit from the presence of the exceptional juror, who realizes that the prosecution is shoveling a lot of crap -- as happened in the first Holy Land Foundation trial.


Unfortunately, depending on chance will neither free a lot of unjustly imprisoned people nor will it save the US from the cancer that is consuming its social, political and legal system.


(5) An oblique approach is required that pushes on the fault line between Neocon scare-mongering and basic American principles.
  • There is more than enough data on IDF war crimes and crimes against humanity to press on Stuart Levey for the designation of the IDF as a terrorist organization. With such a declaration organizations like Friends of the IDF and individuals like Irving I. Moskowitz become prosecutable under the anti-terrorism laws. As a consequence, the organized Jewish community will suddenly realize how unjust the terrorism prosecutions have been and use its political clout to make sure the Supreme Court declares unconstitutional those terrorism laws that could be used against Zionist and Jewish organizations or their supporters.
  • The mere fact that the IDF has not been declared a terrorist organization suggests a 14th Amendment violation. While there is some question about whether a state organization can be designated as a global terrorist entity, the US government blew away that issue when it designated the Iranian Revolutionary Guard a terrorist organization.
(6) Once a wide-spread pattern of 14th Amendment violations can be demonstrated, pursuing class action and petition for writ of certiorari on behalf of unjustly imprisoned Muslim or Arab Americans might have some chance of success.

(7) Because the USA was at war when these wrongful prosecutions took place and when US officials refrained from applying the law equally to Zionist and Jewish groups, the government-private sector collaboration that prevented the enforcement of US law may in fact constitute seditious conspiracy for which people like Stuart Levey, Matthew Levitt, Daniel Pipes, Dennis Ross, Rachel Ehrenfeld, et al. are prosecutable.

UPDATE

I spoke with a lawyer active in the movement to free detainees, and he doubted that US courts would accept a 14th Amendment challenge to how anti-terrorism laws are enforced because of the tradition of deference to the US government in matters of foreign policy.

I admit it is a tricky issue. There are four arguments to dispose of the issue.
  1. [Hypothetical subsitution of victims 1930s Germany for victims of contemporary Israel] Suppose Roosevelt had concluded that the USSR was greater threat to the USA than Nazi Germany and assisted the German offensive from the West with a US attack from East. It is inconceivable that the US court system would have permitted a suspension of the 14th Amendment and other Constitutional provisions with regard to Jewish US citizens and residents in order to please official or unofficial Nazi allies in the hypothetical War Against Communism. In the case of the US War against Terrorism (S.J. Res. 23/Public Law 107-40: Joint resolution to authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States [authorizing the 2001 war in Afghanistan] and H.J. Res. 114/Public Law 107-243: Joint resolution to authorize the use of United States Armed Forces against Iraq [authorizing the 2003 war in Iraq]), it is equally inconceivable that the US Court system would permit a suspension of the 14th Amendment and other Constitutional provisions with regard to Arab or Muslim US citizens and residents in order to please official or unofficial Zionist allies in the War against Terrorism.
  2. [Clear policy decoupling separating War on Terror in Iraq and Afghanistan from policing of finance, charities, and actors in conflicts outside of Iraq and Afghanistan] President George W. Bush frequently stated that the War on Terrorism was not a war against Islam. The US government identified Tamil Tiger support organizations as Specially Designated Global Terrorist Entities (SDGTEs): Executive Order 13224 blocking Terrorist Property and a summary of the Terrorism Sanctions Regulations. The US government has also identified the Mujahideen-e Khalq and its support organizations as SDGTEs Furthermore, as a matter of policy neither is the USA at war with Bosnian, Chechen or Palestinian Muslims nor has Congress organized wars against these Muslim populations; yet the US government has added charities and organizations supporting Bosnian, Chechen, and Palestinian Muslims to the list of SDGTEs. In addition, under the relevant decisions and precedents of post-WW2 Nuremberg Law and the International Convention for the Punishment and Prevention of Genocide, there are no grounds to consider any Bosnian, Chechen, or Palestinian organizations to be engaged in terrorist activities while the same precedents and international agreements to which the USA is a signatory clearly indicate that the IDF is routinely engaged in terrorism. A fortiori, whatever policy reasons lead to the identification of Benevolence International Foundation, the Holy Land Foundation, and the Iranian Revolutionary Guard as SDGTEs apply likewise to the Israeli Defense Forces and to charities like the Friends of the Israeli Defense Forces. Thus by US policy, which separates terrorist designation from issues of alliance or congruence of strategic objectives, Stuart Levey must so designate these Zionist organizations, and there is no policy grounds for US courts to refrain from addressing the 14th Amendment and other Constitutional violations associated with the unequal treatment of Muslim and Jewish Zionist organizations under US anti-terrorism laws.
  3. [Purely domistic discriminatory political considerations meant to bolster the Republican Party] Vigorous Bush administration prosecution of Cuban-Venezualan terrorist Luis Clemente Faustino Posada Carrileswould have proven bona fides in the punishment of all terrorists but would have cost political capital among right-wing Cuban Americans. The Bush administration may simply have refrained from applying the anti-terrorism laws in ways that might have cost domestic political support among wealthy Cubans or Zionists, but such behavior on the part of the Treasury or DOJ can hardly withstand challenge on 14th Amendment grounds.
  4. [Low and middle level policy subversion/seditious conspiracy intended to transform the War on Terrorism directed at the USA into the War against Israel's enemies despite the ultimate cost to the USA] Zionist groups and individuals have been attempting to convince the US government of the global Islamic threat since the Iranian Revolution of 1978: Saudia in the Gun Sights. While Zionist subversives had some limited success with the conviction of Sheikh Omar Abdel-Rahman after FBI entrapment, the conspiracy accelerated its efforts to construct a world-wide Islamist conspiracy in which Palestinian resistance to Zionist oppression was a major component.

    For example, al-Qa`ida means the Foundation. Usama bin-Ladin is supposed to have been an aficionado of sci-fi when he younger. Al-Qa`ida in the case of Arab Jihadism is the title of a book by Abdullah Azzam and is often translated as The Solid Basis. Even though Zionist propaganda argues despite the facts that al-Qa`ida is a single organization with a unified command structure comes, in reality Arab-Islamic Jihadism is more of movement than an organization, and it is unlikely that Bin-Ladin is the undisputed commander of anything more than a small group. Zionist ideologists like Rachel Ehrenfeld and Matthew Levitt fabricated the connections and the dots to create the fantasies demonstrating that Muslim Banks and charities like Benevolence International Foundation and Holy Land Foundation were under Bin-Ladin's command. Thus American Zionist government officials acting on behalf of Zionist special interest added both
    • Israeli efforts to eradicate legimate anti-Zionist resistance by Hamas and also
    • Neocon-orchestrated Ethiopian intervention to thwart attempts to restore order in Somalia
    as fronts to the War on Terrorism in Afghanistan and Somalia.

    Thus, even though neither the conflict over Palestine nor the violence in Somalia had any connection to the US War against Terrorism in Afghanistan and in Iraq, Zionist subversives in the Federal Government managed to create de facto US support for Israeli genocide against Palestinians. Marginalizing American Muslims and denying them their Constitutional rights has been a major component of the strategy, and this Israel advocacy project preceded 9/11 but greatly accelerated afterward with the creation of organizations like The David Project and with increasing encouragement of the FBI by Zionist agents inside and outside the government to entrap an increasing number of American Muslims in patently ridiculous terrorist plots. (The Yassin Aref case is particularly outrageous.)

    Thus, affirming the 14th Amendment protection of Arab and American Muslims against unequal prosecution does not interfere with US foreign policy but, in fact, thwarts Jewish Zionist subversion far more threatening than Jewish communist subversion ever was (if only because Zionists are better funded than the communists ever were).

While discussing Jewish communist subversion is usually considered anti-Semitic discourse, greater access to Soviet archives since the fall of the USSR shows that such subversion was real if not as large a threat as many anti-communists.

Rather than unjustly imprisoning good and loyal Arab and Muslim Americans, the federal government should be purging and arresting disloyal Jewish Zionist subversives engaged in ongoing seditious conspiracy and violation of US anti-terrorism statutes.


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