AUT AND THE THREAT IMPLIED TO THE UNIVERSITIES BY NEW
BRITISH TERROR LEGISLATION PENDING
ACADEMICS AND
UNIVERSITY LIBRARIANS may find themselves subject to
criminal indictment if Tony Blair's key proposal in his
Terror Legislation is carried forward in the lords debate
soon. "The intention of the person who acts, or by
their statements seems to incite others to commit acts of
terrorism"; these are the key words.The actual dangers that the
previous battle for AUT over the boycott of Haifa
University can now be realised in the UK, by Blair's
draft which echoes and promotes the exact legisltation
demanded by Daniel Pipes in the USA(campus-watch.org.)
Previously discussed in Handstand, this new legislation
could lead to, or provoke, the suspicion and intolerance
that the guidelines for a Boycott are attempting to
achieve. All academic pursuits from standard chemistry to
history courses may fall under this legislation exposing
academic lecturers, librarians and students to
prosecution. Even University Management, according to
Vivienne Stern, public affairs adviser to the Union -
Universities UK - could be implicated.
Daniel Pipes must be rubbing his hands together in
satisfaction, also Professor Blackwell will be able to
abandon the massive lobby of Students for her project of
Boycott as the legislation if passed will more than
satisfy Jewish needs to provide a public platform for the
distortion of Academic Freedom that she plans.(See
prosecution of Dr Al Arian in Florida below that is an
example of the results planned by Daniel Pipes and his
Campus-Watch programme.JB,editor)
Joseph Massad
on academic freedom
Via Lenin's Tomb, an excellent article by Joseph Massad on why the
Zionists have decided to attack American academic
freedom:
"What
makes these anti-scholarship attacks possible and
popular is the existence of a major discrepancy,
even a radical disconnect, between popular
knowledge and media coverage about the
Palestine/Israel conundrum and established
scholarly knowledge about the topic. It is this
disconnect that the witch hunters mobilise
against scholarship as proof that it is not media
and popular knowledge, which defends Israeli
policy and Zionism's axioms, that is ideological,
but rather academic scholarship which has largely
uncovered unsavory facts about both. Thus when
young American students who come from
ideologically charged homes, schools, and
environments, attend university classes about the
subject, they mistake established scholarship as
pro-Palestinian propaganda, a conclusion that is
propped up by the likes of Campus Watch, the
David Project, and the Anti-Defamation League,
all three organisations who make it part or all
their business to attack scholarly criticisms of
Israeli policy."
I've noticed that people over the age of
twenty-five or thirty accept the full package of
Zionist lies about Israel, while younger people
are much better informed. This fact has to
terrify the Zionists. Massad gives some examples
of what scholars have found out that conflicts
with the mythology of Israel:
"All
respected scholars in the field agree that most
or all Palestinians who became refugees in 1948
were expelled directly or indirectly by Israel.
The debate that exists is about whether all
Palestinian refugees were physically expelled by
the Israeli army or that the Israeli army
expelled the majority while a minority of
refugees fled, not as a direct result of physical
force but as an indirect consequence of actions
taken by the Israeli army and government which
might, or might not, have been deliberately
intended to expel them. In contrast, media and
popular ideological knowledge in the US still
insists that the Palestinians fled on their own,
or worse, were called upon to do so by Arab
leaders (despite Israeli false claims that Arab
leaders called on Palestinians to flee, research
has shown that they called upon them to remain
steadfast in their homeland) while the Zionists
begged them to stay!
Established scholarship enumerates all the racist
laws and institutional racist practices in
operation in Israel which discriminate between
Jews and non-Jews, granting Jews differential
rights and privileges over non-Jews, and
rendering Israel a racist state by law. Popular
and media knowledge, in contrast, depict Israel
as a democratic liberal state that treats all its
citizens equally. It is also established in
scholarship that Israel discriminates against
non-European Jews (the majority of the country's
Jewish population) and also against recent
Russian Jewish immigrants, and has engaged and
continues to engage in a racist discourse about
them and in unofficial institutional
discrimination against them (witness the most
recent case of discrimination against Ethiopian
Jews in admissions to Israeli universities). In
contrast, popular and media knowledge depicts
Israel as a place where all Jews are equal.
Scholarly knowledge addresses the question of
Israel as a quasi-theological state, where
religious law governs major aspects of Jewish
life and that only Orthodox Judaism is allowed to
have religious authority over Jewish citizens to
the exclusion of Reform and Conservative Judaism,
let alone other Jewish denominations. In
contrast, media and popular knowledge depict
Israel as a secular state. These are only a few
examples of how scholarly knowledge is
drastically different from and contradicts media
and popular knowledge about key issues regarding
Israeli society and history."
Massad goes on to point out that the trick
employed by so-called 'liberal' Zionists like Nat
Hentoff is to contrast 'good' Arab scholars, who
accept some of the American liberal consensus on
Israel, with 'bad' Arab scholars, who don't
accept any of these lies. Hentoff makes this kind
of distinction so he can feel comfortably liberal
in enforcing book burning. Unfortunately for the
Zionists, 'liberal' or not, the truth is
gradually working its way into the consciousness
of younger people who will eventually constitute
the majority of the voting population. The
current fascination of Zionists with book burning
represents their realization that they have
already lost and the truth has escaped their
grasp.
Effort
for review of anti-Semitism on campus
meeting new resistance
By RonKampeas
24 Nov 2005
http://www.jta.org/page_view_story.asp?intarticleid=16059&intcategoryid=3
WASHINGTON, Nov. 22 (JTA) - The effort by
some Jewish groups to establish a
government review procedure to address
claims of anti-Israel bias and
anti-Semitism on university campuses
appears to be under threat just as it's
making serious headway.
Buried in a massive budget bill passed
recently by the Senate are two paragraphs
with language stating that the U.S.
Department of Education must not
"mandate, direct, or control an
institution of higher education's
specific instructional content,
curriculum, or program of
instruction."
The inclusion suggests resistance among
conservatives in Congress and elsewhere
to reforms that Jewish groups say are
needed to alleviate what they claim is a
hostile environment toward Jewish
students on some campuses.
The resistance came to the fore last
Friday when three Jewish groups testified
on the matter before the U.S. Commission
on Civil Rights, encountering tough
questions from the more conservative
commissioners. The Senate language,
inserted in the Deficit Reduction Omnibus
Reconciliation Act of 2005 and passed by
the Senate on Nov. 3, would gut plans to
make universities that receive federal
funds accountable to the Education
Department to the degree that some Jewish
groups have sought. "There should be
something in there that requires a
balance of viewpoints," said Susan
Tuchman, director of the Center of Law
and Justice at the Zionist Organization
of America, a group that has been
lobbying hard for federal review of
universities' Middle Eastern studies.
"It's not enough to ensure that
appropriate changes are made."
The American Jewish Congress, also a
leader in the effort, has been fighting
hard to remove exactly the same language
from another bill making headway in both
houses, said Sarah Stern, the AJCongress'
director of governmental affairs. Stern
said the inclusion of the language in the
deficit-reduction bill came
"completely under the radar."
Three other Jewish groups involved in
pressing for the legislation said they
only learned of the language in recent
days, some because of JTA's questions. At
least one of the groups was still
reviewing the legislation and wasn't
ready to condemn it outright. The
American Jewish Committee said other
provisions in the bill might meet the
standards it has been seeking by giving
the secretary of education some limited
powers of review.
"It has always been our contention
that those reforms would not allow the
secretary to interfere with academic
freedom or autonomy of
institutions," said Richard Foltin,
the AJCommittee's legislative director.
A U.S. House of Representatives version
of the deficit-reduction bill that
scraped through last Friday does not
include the language, and Jewish groups
were hoping it might disappear in the
version that emerges in the House-Senate
conference before Christmas break. It's
not clear which senator inserted the
language during the lengthy process of
composing a bill that deals mostly with
budget cutting to offset the costs of war
and hurricane recovery, but it would have
had to pass Republican muster. Sen. Judd
Gregg (R-N.H.), the chairman of the
Senate's Budget Committee, initiated the
bill, and it passed 52-47, largely along
party lines.
As Foltin noted, the bill does provide
some redress. Education Secretary
Margaret Spellings would be able to
suspend federal funding for a university
for 60 days if she deems a complaint
serious enough, but after that she would
be required to resume the funding whether
or not the complaint has been resolved.
She also would be authorized to take such
complaints into account when renewing
grants to universities.
Additionally, the bill suggests linking
funding for universities to their success
in creating a cadre of Middle East
experts in government.
However, the language that keeps the
education secretary from touching
"specific instructional content,
curriculum, or program of
instruction" means that she wouldn't
be able to require a university's Middle
East studies department to balance a
reliance on Arabists such as Edward Said
with other historians with a more
pro-Western tilt, such as Bernard Lewis.
Groups like AJCongress, ZOA and the
Institute for Jewish and Community
Research allege that anti-Western bias
pervades American universities's Mideast
studies departments. Other groups,
including the Anti-Defamation League and
the AJCommittee, agree that there is a
problem but say progress is being made.
"Institutional anti-Semitism,
discrimination and quotas against Jewish
students are largely a thing of the
past," the ADL said in written
testimony to the Commission on Civil
Rights.
Should the language survive the
House-Senate conference, another bill
promoting much tougher measures could
fall by the wayside, Jewish lobbyists
said. Legislators could argue that a
solution is already on the books, so they
don't need to pursue the matter further.
Jewish groups favor another bill that
would establish an advisory committee to
review complaints of bias, a measure that
academic organizations say smacks of
McCarthyism. That has passed a House
committee but has yet to be considered by
the full House, meaning the diluted
version passed by the Senate on Nov. 3 is
much further advanced. Witnesses at the
Civil Rights Commission hoped they would
get a sympathetic ear for the proposed
advisory committee. The commission has no
enforcement powers, but its
recommendations would have moral force in
Washington.
Citing a litany of complaints from Jewish
students across the country, Stern of the
AJCongress, Tuchman of ZOA and Gary
Tobin, president of the Institute for
Jewish and Community Research, painted a
picture of a pervasively hostile
environment. "Anti-Semitism and
anti-Israelism are systemic ideologies in
higher education," Tobin said.
Instead of the sympathy they expected,
the witnesses got a sometimes-testy
exchange on the role of government in
policing campuses. Significantly, the
toughest questions came from
commissioners most closely associated
with the Bush administration, which
recently revamped the commission to more
closely reflect its own conservative
values.
"I am extremely nervous about
administrative oversight on university
campuses," said Abigail Thernstrom,
the commission's vice chairwoman.
"You do not want administrators
waking into classrooms and deciding what
a professor is teaching is acceptable or
unacceptable." Stern said such
worries were unfounded. By mitigating
bias, a federal advisory panel that would
review complaints would encourage debate,
not inhibit it, she said. "Any
intellectually honest person with
integrity would say, 'Wait a minute,
there is another side here,' " she
said.
Tobin said the threat of withdrawing
federal funding would be a last resort
meant to spur universities into using
tools already at their disposal - for
instance, increasing the involvement of
trustees in hiring and firing decisions.
"This truly is a nuclear
option," he said of the proposed
legislation.
The witnesses got a more sympathetic
hearing from the two Democrats on the
eight-person commission. "Simply
because something happens in the arena of
a university does not qualify it as
untouchable," said Michael Yaki, a
San Francisco lawyer. He also chided
conservatives on the commission who
suggested that only physical harassment
was out of bounds, noting that the legal
definition of sexual harassment includes
its verbal forms. The conservative
commissioners were equally skeptical of a
federal role in policing anti-Semitism on
campus.
Thernstrom, who is Jewish, said posters
that had appeared on campuses that
depicted Israelis as baby-killers were
appalling, but might be part of the
necessary give-and-take of university
life.
"I don't want universities to be
comfortable places for students,"
she said.
From: Peter Marshall <petemar@tsn.cc>
and Peter Myers
|
|
The problem for AUT, whose members voted down any such
Boycott on Haifa University or Bar Ilan,Tel Aviv, has
been that it must be put up again for debate, and the
advantage of a pause has been taken by the pro-boycott
brigade. They have constantly been lobbying students who
probably know little about the consequences that this
could bring about for their own universities and for
education. But if the general publicity ever manages to
surface beyond hidden paragraphs under such obscure
headlines as glorification in the education Guardian they may
scent danger.
The UUK President
Drummond Bone says that the bill is drafted in such a way
that it "might well get in the way of normal
academic work," "One gets worried that chemists
might be forbidden from producing a certain kind of
noxious substance - where do you draw the line?
Librarians are worried about lending material which might
be construed as having details about terrorism. Nobody is
disputing the principle, but it is terribly loosely
drafted in our view. Will the politicians of the time
listen to the lobby of the Teacher's unions or the
Librarians ?
Ilan Pappe wrote:
I said
that the peace movement in israel has no
chance in the world of bringing an end to the
occupation because it is so
pathetically small and therefore only
sanctions and boycott can do the job.
The Principles for which we
must make a Stand
Dave Kersting comments:
To oppose the
occupation, instead of taking a principled stand
against any and all ethnic discrimination (upon which the
Jewish state is founded), is a purely
Zionist-apartheid position, 100% racist and 0% pacifist.
An officially racist peace movement -
refusing to give Zionist racism the primary emphasis and
zero tolerance that are standard for all other cases of
openly declared racism is no peace movement at
all.
Michael Warshawski comments:
I believe that there is an urgent need of analysis of the
activities with the goal to raise their effectiveness. To
create a kind of priority list which will take into
considerations the limited forces and the great needs.I
believe that it is high time to launch a campaign calling
to recognize the Palestinians as indirect victims of the
Nazi Judeocide and of the Judaeophobia and that they
should be indemnified accordingly from monies already
gathered by the Holocaust industry. I talked with some
Jewish restitution activists and they don't even dream to
demand the whole sum. One of them said that they would
not know what to do with so much money, as they believe
that most of the owners or their heirs would not be
found.
It should be demanded that such
heirless assets should go to finance peace projects and
should be used for Palestinians. This would be a first
step towards the compensation of Palestinians for their
own properties confiscated as of 1948.
Such a campaign doesn't need a mass
movement of activists, though it will need a wide
support, but not so broad as needed for effective
boycott and sanctions.
And this last is the crux of the
matter for it will need the determination not of
organisation, but a large public participation over a
certain period, as for instance obtained by the workers
in Dunnes Stores Dublin re. Apartheid in the past.
The Prosecution of Dr Al-Arian in
Florida USA
Moreno said the clearest
example of Dr. Al-Arian's intent was the
Islamic Academy of Florida, a full-time school he built
from
nothing. The school went from three or four classrooms
when it first
opened in 1992 to 10 buildings on 14.5 acres of land
seven years
later. She said Dr. Al-Arian was so dedicated and
committed to
education that he "bought books out of his own
money." She pointed
to the testimony of IAF graduate Alia Radwan, who said
the school
prepared her for everything. "It prepared me to be a
constructive
citizen and a well-rounded individual," she quoted
Radwan as
saying. "The school was about teaching children to
be citizens of
this great country. This is what Sami Al-Arian was about.
This is
the choice that he made," Moreno concluded.
Closing Arguments in Dr. Al-Arian's
Trial, TAMPA--
The government has alleged that Dr. Al-Arian's legitimate
organizations---the Islamic Committee for Palestine,
World and Islam Studies Enterprise and Islamic Academy of
Florida-- were fronts for the Palestinian Islamic Jihad.
While they attempted to prove that Dr. Al-Arian and his
three co-defendants had "criminal intent" to
further the unlawful goals of the PIJ, all they have
shown was mere association and involvement in nonviolent,
charitable activities.
Closing arguments in the case of Dr. Sami Al-Arian and
his
co-defendants began on Monday, November 7 with
prosecutors admitting
the evidence in the case was circumstantial.
To cover the fact that there is no evidence pointing to
criminal
activity, prosecutor Cherie Krisgman asked jurors to
"use their
common sense" to "connect the dots." On
Tuesday, Dr. Al-Arian's
lawyers, William Moffitt and Linda Moreno, argued that
the
government failed to prove its case against Dr. Al-Arian
and present
any evidence to back up its claims. Moreno said
"when Ms. Krigsman
asks you to use your common sense, she's asking you to
take a leap
of faith, to suspend your disbelief." More
importantly, Moffitt and Moreno argued that the case is
about nothing more than First Amendment-protected speech.
They made impassioned pleas to stand up for the
principles upon which the United States was founded and
to defend Dr. Al-Arian's right to speak out against the
brutality of the Israeli occupation of Palestinians.
Moreno began her closing argument by saying, "Ladies
and gentlemen,
the prosecution against Sami Al-Arian is built entirely
on his
words, built on his beliefs, and that is
un-American." For example,
during the five-month trial, the prosecution repeatedly
referred to
the Occupied Territories simply as "the
territories" to de-
contextualize the plight of Palestinians. Furthermore,
Moreno
explained basic concepts related to Palestinians such as
"Diaspora,"
or the forced migration of a people. Moreno said that to
completely
dismiss or deny the occupation is "the very reason
Dr. Sami Al-Arian
is sitting at that table." Words are very important,
"they can
rewrite history. Words can inspire people." In this
prosecution, "words have been redacted, censored,
edited,
manipulated and exploited."
Moreno emphasized that many of the conversations
introduced as
evidence by the government were edited and redacted
(large portions
were removed). "Context is important. Censorship
is dangerous," she
told the jury. Pointing to several books introduced as
evidence,
Moreno said prosecutors merely translated the title or
author,
disregarding the table of contents, let alone the books
themselves.
Throughout the trial, and during its closing argument,
the
prosecution repeatedly pointed to publication or
possession of
magazines such as "Inquiry," a
periodical edited by Dr. Al-Arian, as
evidence of criminality, Moreno said such arguments are
dangerous. "The government wants you to believe
there's something
terribly wrong with what's in those magazines," she
said. "It's un-
American to bar books." Later, Moreno pointed out
that Noam Chomsky
and former Congressman Paul Findley were both
contributing writers
for Inquiry.
Citing the testimony of the government's own witness,
Palestinian
Authority legislator and scholar Dr. Ziad Abu Amr, Moreno
described
the daily hardships and suffering Palestinians face under
military
occupation and their dire economic situation. For
example, she said
unemployment is at over 50 percent in Gaza, whose GNP per
capita is
less than $1,000. "Not a Palestinian home was
unaffected by the
occupation," Moreno quoted Abu Amr as saying. He
also testified that
Gaza was a "big jail." Moreno's main point to
the jury was summed up
in the following statement, "This is not a criminal
case. This is a
political case."
Dr. Al-Arian's attorneys also said that according to an
affidavit by
Abu Amr, the Palestinian Islamic Jihad (PIJ) has a
"small military
wing autonomous from the political wing" of the
group.
Moreno also spoke about the first Intifada, explaining
that it took
the form of nonviolent protests, mass demonstrations and
strikes,
but was confronted by a lethal response by the Israeli
military. It
was in the context of the first Intifada that the Islamic
Committee
for Palestine (ICP) conferences took place, Moreno
explained. In
terms of the five ICP conferences, Moreno said
they were open,
videotaped and held in hotels. They were not underground.
Dr. Al-
Arian invited the FBI to come to them. They were
focused on
Palestine, and the first conference, held in 1988, was 40
years
after the original Israeli occupation. She said, "We
need to look
at them in context, and reject the government's cruel and
cynical
interpretation of these speeches." Moreno then
pointed out that
after wire-tapping Dr. Al-Arian for nine years, all the
government
could come up with were 300 to 400 phone calls between
the four
defendants out of nearly half a million to introduce as
evidence.
Moreno said the clearest example of Dr. Al-Arian's
intent was the
Islamic Academy of Florida, a full-time school he built
from
nothing. The school went from three or four classrooms
when it first
opened in 1992 to 10 buildings on 14.5 acres of land
seven years
later. She said Dr. Al-Arian was so dedicated and
committed to
education that he "bought books out of his own
money." She pointed
to the testimony of IAF graduate Alia Radwan, who said
the school
prepared her for everything. "It prepared me to be a
constructive
citizen and a well-rounded individual," she quoted
Radwan as
saying. "The school was about teaching children to
be citizens of
this great country. This is what Sami Al-Arian was about.
This is
the choice that he made," Moreno concluded.
Next, Bill Moffitt began his part of the closing
argument. "Ladies
and gentleman, today I listened to my client called a
thug and a
crime boss, in fact, Tony Soprano." Moffitt said the
best evidence
needed for the First Amendment is prosecutor Krigsman's
closing
argument. "If you listened to Ms. Krigsman, you
would not know there
was a war going on for 50 years, or a harsh military
occupation in
the occupied territories. You would have thought that
Palestinians
and Israelis lived in peace for the last 50 years, except
for these
four gentlemen. And you'd think that Sami Al-Arian sprung
up from
nowhere simply to do evil. No mass arrests, intimidation,
torture,
etc. You might even believe that universities are open,
travel
throughout the Middle East is unlimited. You might even
believe that
Palestinian children and Israeli children are treated the
same by
the occupier."
Continued Moffitt: "If only they would not trouble
us by writing,
reading and thinking about the occupation. If only (the
Palestinians) could see the reality in Ms. Krigsman's
terms. If only
they would share the view of their oppressors."
Pointing to Dr. Al-
Arian and raising his voice, Moffitt said: "This man
has the
temerity to be angry about how his people are treated,
and then he
has the audacity to write and publish and think about it
all
crimes. And he has the audacity to speak about it. How
horrible.
Where did he get the idea he could do that? Certainly it
wasn't in
the occupied territories."
He continued, "One way to persuade people not to
listen to him is to
call him a thug." He asked, "Why should we care
about the
Palestinians? They have no army, they have no oil, let's
ignore
them. Let's ignore the context." He said that one of
the problems
we have, as a society, is the judgment we give to one's
country of
origin, or skin color. "So we can remorse over the
deaths of the
children of one side, and the other side are collateral
casualties.
How does that feel if you're on the side that's a
collateral
casualty?"
Moffitt said that there are numerous responses to
those on the side
of the collateral casualties. There are angry responses,
there are
violent responses. He said Dr. Al-Arian chose to
respond by opening
a dialogue and debate and discussing it in an academic
context. He
said Americans "should be proud he would come here
to express
himself." He asked the jury if there was something
odd or peculiar
about Palestinians, that they shouldn't have what
Americans
have. "Is it reasonable that they should want to
come to the
richest country in the world?" "Is it offensive
to you that they
should want to feed their children?" Moffitt said.
Referring to the prosecution's frequent references to
Dr. Al-Arian's
advanced degrees in a pejorative manner, Moffitt said,
"My client's
education is being used against him. If he allowed
his people to be
exploited, to be killed, and failed to speak up, we
wouldn't be here
today. And if he were a farmer in the field, rather than
an
intellectual, that would be the case." Moffitt said,
"I'm told that
there's nothing in this case that has to do with the
First
Amendment, but I'm confronted over and over with evidence
of
speeches and publications." Reading from the
Declaration of
Independence, Moffitt said, "We hold these truths to
be self
evident, that all men are created equal even
Palestinians." He
concluded: "Al-Arian's dreams for his people are not
that different
from yours or mine."
The next day, Moffitt continued his closing argument by
bringing up
World and Islam Studies Enterprise (WISE) publications
and events.
WISE published peer-review journals and held academic
conferences
and round-table discussions that were well-attended
forums where
ideas about the Middle East were debated. "Do you
think this kind of
academic production would have been possible in Palestine
in the
early 90s?" he asked. He described WISE as "the
only place in the
world where Palestinians were given that level of
humanity."
Referring once again to the government, Moffitt said that
to call
WISE's accomplishments "propaganda," was to
"cheapen the academic
efforts of all who participated."
Turning his attention to violence, Moffitt said none of
the evidence
shows any discussion about planning any violent activity.
Finally,
he asked the jury to have the courage to maintain the
"great values
of our society that we are defending. Without the First
Amendment,
there is no United States," he concluded.
For the rest of the week, defense attorneys for the three
co-
defendants also gave their impassioned pleas to jurors,
arguing that
there was no evidence in the politically-motivated case.
Sameeh
Hammoudeh's attorney Steven Bernstein pointed to numerous
mistakes
in the government's investigation, including the mistaken
identification of various documents. "At best, they
were mistakes,"
he said, "but at worst, they are lies."
Bernstein then utilized the testimony of Hammoudeh's
father, 78-year
old Taha Hammoudeh who came from the West Bank to testify
in his
son's trial. Prosecutors had colored several telephone
conversations between father and son about donations to
Palestinian
charities in a sinister light. Providing detailed
receipts and
documentation, Taha Hammoudeh shattered the government's
insinuation
that Sameeh's donations from the Tampa Muslim community
had gone to
anything other than charitable causes.
During their presentation, attorneys for Ghassan Ballut
continued
their argument that the case against their client was
completely
devoid of any evidence. In fact, the government had not
monitored
Ballut's telephone or come away with a single
incriminating document
from searches of his home and bank records. Mocking the
government's claims of a "mountain of
evidence," attorney Bruce
Howie displayed to the jury the dearth of documents
related to
Ballut, in the form of a small stack of telephone
transcripts.
In reference to the government's notorious graphic titled
"the cycle
of terror," Howie produced a "cycle of
nonsense" that demonstrated
the absurdity of the government's theory, in which
Ballut's non-
disclosing of alleged terrorist ties on immigration forms
was proof
of his involvement in a conspiracy. Prosecutors
frequently employed
such circular reasoning throughout their arguments.
Howie's co-counsel, Brooke Elvington, referred to the
government's "Google search" method of
investigation, in which the
mere mention of someone's name in a conversation was
submitted as
evidence of a crime. In one instance, a 57-page telephone
transcript between two people made brief, casual mention
of Ballut
in one line, but when asked, FBI Case Agent Kerry Myers
stated that
the sole purpose of the phone call was to inform about
Ballut's
activities.
Elvington also blasted the government's absurd inferences
and
insinuations, none of which were accurate or based on any
facts.
The selective use of speech was used to draw a portrait
that simply
did not reflect the reality of the situation. Very often,
prosecutors attempted to imply the involvement of other
individuals
outside the case in supporting Palestinian Islamic Jihad,
without
offering a shred of evidence. In the case of El-Ehssan, a
Gaza
charity supported by Ballut and Hatim Fariz, Elvington
assured
jurors that not a shred of proof existed that it was run
by the
PIJ. "Just because they say it, doesn't make it
so," she said,
referring to the government. In fact, all
documentation in the case
supports the contention that it was a legitimate charity
that
provided support to needy Palestinian families.
However, even if the
charity were connected to the PIJ, it is only a crime to
donate to
it if it furthered illegal activity by the PIJ.
The final defense presentation was given by Federal
Public Defender
Kevin Beck on Thursday afternoon. Beck argued
passionately on
behalf of Fariz, pointing out that the government had
made numerous
glaring errors in its investigation. Arabic translators
demonstrated a clear agenda when they frequently
mistranslated
innocent words to give them a malicious meaning, such as
when a word
that means "pancakes" was offered to jurors as
"brigades."
Similarly they avoided translating words that shed light
on the
benign nature of certain documents, as when they ignored
the
word "charitable" that described one
organization supported by Fariz.
The government had even gone as far as to misidentify key
individuals in the case, and would simply alter their
theory to fit
the new individual's identity when the truth was
discovered.
Overall, Beck painted a picture to jurors of a
prosecution intent on
criminalizing innocent activities at any cost, even
manipulating the
truth to fit its malevolent theory.
Following the final defense closing argument, the
prosecution was
given a two-hour rebuttal. Prosecutor Terry Zitek took to
the
opportunity to continue the government's racist tirade.
After
hearing Krigsman refer to Dr. Al-Arian and his
co-defendants
as "thugs," "criminals,"
"liars," and other insults, Zitek went
further during rebuttal, calling them "dogs."
It appeared to most
observers that in their zeal to defend the brutal
military
occupation by Israel, prosecutors had even adopted the
racist
terminology of the occupiers.
This case has major implications. If the prosecution
succeeds, there
is a danger that the government will continue
criminalizing
political speech and organizations by accusing members of
criminal
conspiracies and imprisoning them.
On Monday, November 14, 2005, prosecutors will conclude
their
rebuttal. Judge James Moody is then expected to read jury
instructions and jurors will begin deliberations.
Professor Edward Said wrote in one of
his last texts:
Politicians can talk and do what they want, and so can
professional demagogues. But for intellectuals, artists
and free citizens there must always be room for dissent,
for alternative views...and most importantly there must
be ways and possibilities to advance human enlightenment
and liberty....It is a universal value to be found in
every tradition that I know of....The purpose of
education is not to accumulate facts or memorize the
'correct' answer, but rather to learn how to think
critically for oneself..... In deploring the opponents of
the idea that young Israelis would benefit from reading a
major Palestinian author, many people argued that history
and reality couldn't be hidden for ever, and that
censorship of that kind has no place in the educational
curriculum......The point is to make the powerful
oppressor uncomfortable abd vulnerable both morally as
well as politically. Suicide bombing doesn't achieve this
effect and neither does anti-normalization, which in the
case of the South African liberation struggle was used as
a boycott against visiting academics....The fear of being
addressed by what their collective memory has suppressed
was what stirred up the whole debate about Palestinian
literature. Zionism has tried to exclude non Jews, and
we, by our unselective boycott of even the name 'Israel'
have actually helped , rather than hindered this
plan..... The main point has to be that real life cannot
be ruled by taboos and prohibitions against critical
understanding and emancipatory experience. Those must
always be given the highest priority. Ignorance and
avoidance cannot be adequate guides for the present. Parallels
and Paradoxes, Bloomsbury 2003.
AUT Internet site:April6th A
Boycott:As of noon on Friday, more than 120
university academics and researchers from across Europe
had signed during the course of three days, an open
letter, presented for publication in The Guardian,
calling for a moratorium on all future cultural and
research links with Israel at European or national level
until such time as the Israeli government abide by UN
resolutions and open serious peace negotiations with the
Palestinians along the lines of the recent Saudi peace
plan.
A further text was published in
Counterpunch with this proviso:The
statement gave an overview of the Palestinian condition,
a criticism of the "West" in allowing this
situation to continue, and then a carefully reasoned
argument why academics and students should engage in the
time honored peaceful protest, an academic boycott of
Israeli institutions. When Professor Alam invited some
academics to consider joining the academic boycott
against Israel, he said, "one wrote back saying how
disappointed he was that I should support this boycott,
since it was destructive. I felt called upon to explain
why I thought the boycott was morally justified." Smear
Mongers by Paul de Rooij CounterPunch http://www.counterpunch
an excerpt:Another
disturbing development is campus-watch.org, a website
compiling "black lists" of faculty at US
campuses whom it considers biased, and compiling
"dossiers" on them. Not surprisingly, this
website is yet another creation of Daniel Pipes, an
ardent Zionist pundit. The website employs McCarthy-ite
tactics that do not promote academic freedom or open
debate. In an open and democratic society, academic
debate is advanced by the force of argument, and not by
sinister slander or veiled threats. "We are watching
you," isn't the behavior expected in US academia. Or
as Prof. Alam, one of those targeted, put it, "I see
it as a serious challenge, indeed, an affront, to
academic freedom and freedom of speech in United States.
By creating a dossier on professors who have written
critically about Israel, they are inviting their
colleagues and students to spy on them and perhaps harass
them. What would happen to academic freedom if every
group in this country did the same?"
A Recent Text by Prof. Illan Pappe,
Bar Ilan University,
who was drawn into the campaign by Prof. Susan Blackwell
s.a.blackwell@bham.ac.uk
and Mona Baker
palmem@monabaker.com
The Last Moment of Hope
By ILAN PAPPE
This month marks the fifth anniversary of
the Palestinian uprising and may well be the last moment
for making peace in Israel and Palestine. Peace is not
only important for the people who live there. It will pay
dividends to the world and especially to the United
States.
This is because a
prolonged conflict in Palestine will destabilize the Arab
world and allow its leaders to continue ignoring urgent
issues such as poverty and democracy. The unsolved
Palestinian question means that that the age of
colonialism is not over and that dealing with poverty or
liberty can be described as a luxury. As long as the
Palestinian refugees who were expelled by Jewish
newcomers in 1948 cannot return home and as long as the
military occupation of the territories conquered by
Israel in 1967 persists, there will be no lasting
solution. No peace proposal to date has offered a fair
solution to either the Palestinian refugees or those
continuing to live under a brutal military occupation.
This perception of
Israel as an aggressive relic of a colonialist past is
widespread in the Muslim world. And it has ominous
implications for the United States. Israel could not have
uprooted close to a million Palestinians in 1948 and
occupied another two million for the past 38 years
without American support. Indeed, American taxpayers foot
the bill for a $3 billion annual grant. This financial
backing, combined with unremitting diplomatic support,
has enabled Israel to sustain the longest occupation of
another people in modern times.
Here are the horrors
inflicted on the Palestinians that are witnessed by
people across the Arab and Muslim world: widespread home
demolitions, the confiscation of private property for the
construction of Jewish-only settlements and Jewish-only
roads and the expulsion of Palestinian Christian and
Muslim people. And their wrath is not always limited to
protesting Israel, the occupier and expeller. They
sometimes also challenge --with condemnable terror --the
United States, whom they see as the superpower behind the
oppressor. The US does not need to be embroiled in a
tense relationship with a fifth of the world population.
And yet this is a moment
of opportunity. It is unrelated to the Gaza pullout,
which has turned out to be an internal Israeli ploy to
substitute direct occupation with an indirect one. The
opportunity is a very American one, reminiscent of the
civil rights struggle fought by and behalf of African
Americans.
Despite their expulsion
and occupation, anyone who has visited Palestine and who
has Palestinian friends would tell you that, just like
other human beings, Palestinians simply wish to be
treated as equals. They yearn for a normal life, next to,
and with the Jews in the tiny land of Palestine and
Israel. If Christian and Muslim Palestinians were offered
the kind of equality with Jews in Israel that all
Americans now enjoy, they would accept it with open arms.
No Israeli government in
history, backed by the US, has offered equal rights to
the Palestinians, either in Israel or in the occupied
territories. Israel has always demanded a Jewish majority
and exclusivity in the shared land, while allowing, in
the latest peace proposal, an impossible Palestinian
state over a fragmented 8% of historic Palestine. More
generous Israelis offer a few more percent.
Snippets of Palestinian
territory, reminiscent of South African Bantustans --as
the failed Oslo accords have proven --is a recipe for
more bloodshed. It will drag the United States even more
deeply into an endless conflict --one which could be
solved today by embracing the very values Americans hold
dear: equal rights and justice for all.
Ilan Pappe, a
senior lecturer in political science at Haifa University,
is a leading Israeli historian and equal rights advocate.
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