ZGram - 1/4/2001 - "Secret Evidence"

[irimland@zundelsite.org]

Copyright (c) 2001 - Ingrid A. Rimland

ZGram - Where Truth is Destiny

January 4, 2001

Good Morning from the Zundelsite:

In "The Wanderers", my first novel about the Mennonite exodus out of Russia
escaping the terror of the Soviet Regime, I recounted the story of an
interrogation of a Russion-born German farmer who stood accused of having
spied for Germany and sabotaged the Soviet Government.

The accusation and subsequent arrest were based on "secret evidence".  The
accused man was never told who the accuser was - nor what the charge might
be.  The tactic was to trap him into making some incriminating statement
that could be taken out of context and used as the basis for sentencing -
in those years, either execution or exile to Siberia.

Millions received such treatment, particularly males in German-based
Ukrainian communities such as the Mennonite colonies and the Volga German
villages.  I have heard the identical story of such fake interrogations
many, many times - and eventually I fictionalized such kangaroo proceedings
as follows:

What is your name again?
Geerd Wall -
Why were you arrested?
I don't know.
What are you saying?
I don't know.
You don't know what?
Why I was arrested.
Are you implying that we arrested you illegally?
Yes, I do.  I mean, no I don't.
What is it now?  Speak up.  Have we arrested you with cause, or haven't we?
You had no cause to arrest me.
Throw him into solitary!  He is accusing us.  He is implying we are abusing
Soviet power!
No.  I only tried to explain that I haven't been told the reason for my
arrest.  I need to know what I have done.
So you admit that you have done something wrong?
No, that's not what I said at all.
You seem to be slandering the Party.
That was not my intention.
Does the Party have to account to you?
No.  I don't care.  I mean I only -
You don't care?  You don't care about the Party?
I am concerned, but not about the Party.  I worry about what - what you are
trying to prove.
I have to do nothing whatsoever to prove your guilt to you.  Nothing at
all.  I can sit here, all day long, twiddle my thumbs, and wait for you to
prove your innocence to me.

====

Imagine yourself in this man's place.  He has to clear himself but does not
know the charges.  How can he marshall a defence?

Only in Soviet Russia?

Read this:

[START]

Congressman John Conyers, Jr. | Fourteenth District, Michigan

Ranking Member, Committee on the Judiciary | Dean, Congressional Black Caucus

    CONYERS EXPRESSES OUTRAGE OVER CLOSING OF DETENTION HEARING FOR
RESPECTED MUSLIM PASTOR

WASHINGTON - 01.02.01 | "When legal proceedings are closed to the public,
something very wrong has happened to the system of justice in America"

Rep. John Conyers, Jr, Ranking Member of the House Judiciary Committee,
issued the following statement in connection with INS's decision today to
close the Detroit detention hearing for Rabih Haddad, a Pastor in
Michigan's Muslim community. Both Conyers and the public in general were
denied admission to the immigration proceeding, which are ordinarily open.


"The treatment of Pastor Haddad over the last several weeks has highlighted
everything that is abusive and unconstitutional about our government's
scapegoating of immigrants in the wake of the September 11 terrorist
attack.

First and foremost, the proceedings to date have all been in secret. This
is an anathema to our system of due process and is more akin to the
treatment seen in a dictatorship than a constitutional democracy. The Sixth
amendment is clear - "the accused shall enjoy the right to a public trial."
Yet today we witnessed the closing of a detention hearing involving a
member in good standing of our Arab community. There was a secret list of
'permitted attendees' - but we have no way of knowing who was on the list
or why. Certainly, I was not one of the chosen few. When the Ranking Member
of the House Judiciary Committee - the committee having oversight
responsibility for our immigration laws and our courts -- is not permitted
to attend such a hearing in our court system, something very wrong has
happened to the system of justice in America.

Moreover, the decision to freeze the assets of Pastor Haddad's Global
relief fund have all been in secret as well. This is a group that has
raised millions of dollars to fight poverty and we have not seen a shred of
evidence linking the charity in any way to terrorism. Here we have a man
facing deportation allegedly because of his links to a charitable group
linked to terrorism without any foundation in public evidence.

Beyond that, we have one of the most prominent members of the Michigan
Islamic community -a man who helped bring about interfaith healing in the
wake of the attack - being detained without any bond. The claim that he is
a flight risk and a danger to the community appear to be totally unfounded.
His passport has been taken and he has family in the U.S., so he will
clearly not flee. And although the INS claims he is dangerous because he
owns arms, his rifle is registered and he is an avid hunter. The Fifth
amendment states "no person shall be ... deprived of life, liberty, liberty
and property without due process of law." The last time I checked, holding
someone in prison without a valid reason deprived him of his liberty.

Finally, I fear the government is merely seeking a delay so they can trump
up more charges while the Pastor is detained also violates the Sixth
amendment, which promises a "speedy trial." If the government has evidence,
they should produce it. But in this case, justice delayed translates to
justice denied.

I am particularly appalled the Bush administration would be championing
these secret proceedings and the use of secret evidence. During the
campaign, Mr. Bush promised to oppose the use of secret evidence. Now the
President is not only using secret evidence, but by obtaining and using new
powers for secret evidence for asset freezes derived from the so-called
'USA Patriot Act,' he is expanding it.

Now some would assert the constitution does not apply to immigrants within
our borders. Yet the reality is every single court which has addressed this
question in recent year has found that the constitution does apply to
immigrants, that's why secret evidence has been consistently thrown out. If
you don't believe me, look at Mathews v. Diaz, 426 U.S. 67 (1976), and
Zadvydas v. Davis, 533 U.S. 678 (2001), cases in which the Supreme Court
upheld this age old principle.

The attack of September 11th should not destroy our Constitution, rather it
should strengthen our commitment to it. Pastor Haddad is entitled to the
full disclosure of any evidence against him. He should be released pending
future proceedings unless the Government can rely on something better than
the lawful ownership of a gun by a man known to his friends as a
compassionate, law-abiding individual who has made important contributions
to the Michigan community."

[END]

One final word:  Please note that Congressman John Conyers, Jr. is Black.
Where are our Bleeding Heart White Liberals?

=====

Thought for the Day:

"When a man who is honestly mistaken hears the truth,
he will either quit being mistaken or cease to be honest."

(Letter to the Zundelsite)