THE WISDOM FUND: News & Views
April 20, 2009
The Nation

Guantanamo at Home

In his luggage, the government alleges, Babar had raincoats, ponchos and waterproof socks, which Babar later delivered to the third-ranking member of Al Qaeda in South Waziristan, Pakistan. It was alleged that Hashmi allowed Babar to call other conspirators in terror plots, using his cellphone.

by Jeanne Theoharis

. . . Hashmi is a 29-year-old Muslim American citizen being held in solitary confinement at the federal Metropolitan Correctional Center (MCC) in Lower Manhattan. He is charged with two counts of providing and conspiring to provide material support and two counts of making and conspiring to make a contribution of goods or services to Al Qaeda. If convicted, Hashmi faces seventy years in prison. He is also a former student of mine at Brooklyn College who graduated in 2003 and received his master's degree in international relations at London Metropolitan University in 2005.

Hashmi was apprehended in Britain on June 6, 2006, on a US warrant; his arrest was featured as the top story on the CBS and NBC nightly news programs, which used graphics blaring Terror Trail and Web of Terror. Held for eleven months without incident at Belmarsh Prison, he became the first US citizen to be extradited by Britain under new policies relaxing the standard for extradition in terrorism cases.

The Justice Department claims that the "centerpiece" of its case against Hashmi is the testimony of Junaid Babar. According to the government, in the beginning of 2004, Babar, also a United States citizen, stayed with Hashmi at his London apartment for two weeks. In his luggage, the government alleges, Babar had raincoats, ponchos and waterproof socks, which Babar later delivered to the third-ranking member of Al Qaeda in South Waziristan, Pakistan. It was alleged that Hashmi allowed Babar to call other conspirators in terror plots, using his cellphone. Babar, who was arrested in 2004 and has pleaded guilty to five counts of material support for Al Qaeda, faces up to seventy years in prison. While awaiting sentence, he has agreed to serve as a government witness in terror trials in Britain and Canada, as well as in Hashmi's trial. For his cooperation, Babar will be rewarded with a reduced sentence.

Material-support laws are predicated on guilt by association. They fashion a black box into which all sorts of constitutionally protected activities can be thrown and classified as suspect, if not criminal. Because there is little evidence in this case that links Hashmi directly to any criminal action, much of the government's case will hinge on establishing his intent. To do this, the government will likely focus on statements Hashmi has made about US foreign policy, the treatment of Muslims here and abroad and other political issues. Hashmi, who was a member of the New York political group Al Muhajiroun as a student at Brooklyn College, advocated positions well outside the mainstream of American public opinion. Indeed, he drew the attention of Time and CNN in May 2002 as a student activist and potential homegrown threat; both quoted him at a 2002 Brooklyn College meeting, calling America "the biggest terrorist in the world." The government, however, has not designated Al Muhajiroun a terrorist organization or deemed membership in the organization illegal. This prosecution thus has the potential to criminalize constitutionally protected political speech.

Hashmi has been in solitary confinement at MCC awaiting trial since May 2007. Since October of that year he has been held under Special Administrative Measures (SAMs) imposed and then renewed by the attorney general. The government's authority to impose SAMs was established in 1996. Since 9/11, the standards for imposing them - and conditions for their renewal - have been significantly relaxed. Under the SAMs, Hashmi is allowed no contact with anyone - except his lawyer and, more recently, his parents - no calls, no letters, no talking to other prisoners through the walls, because his cell is electronically monitored inside and out. He must shower and go to the bathroom in view of the camera. He can write one letter a week to a single member of his family, but he cannot use more than three pieces of paper. He is forbidden any contact - directly or through his attorneys - with the news media. He can read newspapers but only portions approved by his jailers - and not until thirty days after publication. He is allowed only one hour out of his cell a day - which is periodically withheld - and is not allowed fresh air but is forced to exercise in a solitary cage. . . .

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[According to the PBS series Frontline: Secret Threat to Justice: "A nine-month investigation by the National Law Journal has found that abuses by informants and law enforcement threaten the rights and the safety of innocent people, as well as the integrity of the courts."--Enver Masud, "$1 Million for Witnesses in Embassy Bombing Trial," The Wisdom Fund, June 1, 2001]

Joe W. (Chip) Pitts III, "Tough Patriot Act Followed by 40 Nations," Washington Post, September 14, 2003

David Cole, "Court Decision Strips Foreigners' Rights," Mercury News, June 19, 2006

"Bush Administration Exploited Terror Plots For Political Gain," The Wisdom Fund, February 23, 2008

Sean O'Neill, et al, "All Suspects in UK 'Student Terror Plot' Released," Times, April 22, 2009

"Muslim American Syed Fahad Hashmi Held in 23-Hour Solitary Pretrial Confinement for Over Two Years in Case Resting on Plea-Bargaining Government Informant," democracynow.org, June 5, 2009

William Fisher, "New York 'Terror' Detainee in Draconian Conditions," Inter Press Service, August 29, 2009

[First, admit the mistake and make the apology. Second, provide compensation. US taxpayers have spent $2m a year for 11 years to keep Nabil at Gitmo; give the guy a few thousand bucks to get on his feet. Third, pressure the French to allow his re-entry.--John Grisham, "Guantanamo Bay: the US was dead wrong, but no one can admit it," theguardian.com, August 12, 2013]

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