[Peace-discuss] An even better article

[Barbara Dyskant]

Here is another article about Mr. Al-Naijar, the man who was imprisoned
falsely and still is in prison-- this is just terrible.  The article is
written by Mr. Al-Naijar's nephew, and really hits "home".  I hope this
helps in our work for peace and justice-- it certainly reminds me of why
I'd doing all this.

The Chronicle 
December 5, 2001 
Justice not always served 
Unwarranted imprisonments show that civil liberties still need to be 
protected 
By Abdullah Al-Arian 




This past Thanksgiving at home was the most exceptional I'd seen in years. 
Despite all of the adversity my family has faced in recent weeks--both as 
Americans and as Muslims--we had reason to be grateful. Mazen Al-Najjar, my 
uncle, would be joining us for the holidays for the first time in four 
years. He was released from federal detention last December, after 1,307 
days without ever being told why. In May 1997, the University of South 
Florida professor and father of three fell victim to the government's 
overzealous attempts at combating terrorism by allowing his detainment to 
be based solely on secret evidence that he could not see, let alone refute. 
Consequently, he was never charged with a single crime, let alone convicted 
or even sentenced.

I had always known of dark times in our country's past, when individuals 
were assaulted, blacklisted or interned based on their skin color, 
political beliefs or ethnicity. I never imagined though, that I would live 
to witness such institutionalized injustices. But as others did before, we 
would have to challenge such treatment in any and every way thinkable. What 
resulted was a modern-day civil liberties battle of vast proportions.

A national coalition was formed to challenge the unconstitutional use of 
secret evidence, which had thus far been reserved solely for the nation's 
Muslim Arab community. Members of Congress, ranging from Rep. David Bonior 
on the left to Rep. Bob Barr on the right, spoke out against this abhorrent 
practice, ultimately introducing legislation to end its use by garnering 
130 co-sponsors from both sides of the aisle. Powerful organizations such 
as the American Civil Liberties Union all the way to the conservative 
Americans for Tax Reform endorsed these efforts as well. The media was not 
far behind. Editorial boards across the country issued strong statements 
against secret evidence, often using the "Al-Najjar case" as a prime 
example of good intentions gone horribly wrong. Meetings between the 
Department of Justice and civic leaders became commonplace, and even former 
President Bill Clinton got into the act and shared his concerns over the 
practice. I participated in every way I could, from attending countless 
rallies and meetings to lobbying in Congress and speaking with journalists. 
I was watching the democratic process work before my very eyes.

And then finally it happened. As the case was climbing through the courts, 
a federal judge ruled that due process had been denied Al-Najjar, and that 
no evidence, whether public or secret, had indicated the slightest 
possibility that he could be a threat. After then-Attorney General Janet 
Reno personally reviewed the case, he was finally released in December 
2000, after more than three-and-a-half years. This experience, although 
extremely trying at times, proved that the system does work and results can 
be achieved, however challenging or excruciatingly slow it may seem. And so 
I became energized, inspired even, to follow a career path that embraced 
the protection of civil liberties to ensure that no family would ever have 
to suffer such grave adversity. Little did I know, all of this would soon 
come crashing down.

On Nov. 24--only a few days ago--federal agents yet again arrested 
Al-Najjar outside of his Tampa home and placed him under a final 
deportation order, citing nothing more than the case a federal judge 
already threw out of court. So now we've gone from a massive abuse of our 
judicial system to a complete bypass of it. In just a few days, my uncle, 
originally a Palestinian refugee, will be celebrating the 20th anniversary 
of his arrival to the United States in the confines of a cell. But as a 
stateless Palestinian, there is no country to which he could potentially be 
deported, leaving his detention once again open-ended.

After the initial shock and dismay of a situation that defies all logic, I 
am left pondering many questions. I'd be lying if I said that I presently 
see this as simply another setback that will, in time, be overcome. 
Granted, we saw what tremendous unity and devotion could produce, but even 
that was only an 11-month vacation. My disillusionment with the system is 
not unwarranted, for now I see that the evil that President George W. Bush 
constantly speaks of is not unique to one nation or people. Truth and 
justice, freedom and equality, the fundamental values of this country that 
we learned as children, seem to mock me continuously throughout this saga. 
I no longer see evidence of their existence, for maybe that too has become 
secret.

I seem to recall conversations I've had over the years with skeptical 
friends who argued that the challenges we face are insurmountable. "You're 
wasting your time trying to change anything," they would say. I would 
respond feverishly, citing case-by-case examples of men and women who 
fought against seemingly impossible odds and won. And for nearly all of 
this year, I thought we had done the same.

So what next? I haven't thought about that too much, but I suppose I could 
still pursue a law career, although perhaps doing so in the more fruitful 
corporate world, finally caving into four years of Duke conditioning. Maybe 
this is the true American dream and all of my previous notions of truth and 
justice were feigned. Maybe not. Ultimately, history will be our judge, for 
the struggle will continue, in spite of my present despair.

Abdullah Al-Arian is a senior at Duke University majoring in Political 
Science and History. 
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