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Archives for July 2004

Many of Bush Administration’s Claimed “Terrorism” Arrests Are Misleading

July 28, 2004 by staff

Non-crimes and misdemeanors among Ashcroft’s examples of success in “war on terror”

By Bert Dalmer
First published by the Des Moines Register, July 18, 2004

Editor’s note: Mr. Dalmer again investigated this topic in early 2005 and found more of the same.

Federal prosecutors say they built 35 terrorism-related cases in Iowa in the two years after the Sept. 11, 2001, terrorist attacks.

But a Des Moines Sunday Register analysis of the cases found that most defendants had questionable links to violent extremism. Those defendants who could be identified by the newspaper were, in most cases, charged with fraud or theft and served just a few months in jail.

The number of terrorism-related cases even took one court official by surprise.

“If there have been terrorism-related arrests in Iowa, I haven’t heard about them,” said U.S. District Judge Robert Pratt.

Ironically, Pratt presided over courtroom proceedings in at least six of the criminal cases that federal prosecutors had cataloged as terrorist in nature.

Included among the 35 cases were:

Four American-born laborers who omitted mention of prior drug convictions or other crimes when they were assigned by a contractor to a runway construction project at the Des Moines airport or when they applied for manual-labor jobs there.

Five Mexican citizens who stole cans of baby formula from store shelves throughout Iowa and sold them to a man of Arab descent for later resale.

Two Pakistani men who entered into or solicited sham marriages so that they and their friends could continue to live in the Waterloo area and work at convenience stores there.

The Iowa arrests were part of a national compilation of statistics cited by the U.S. Department of Justice in requests to Congress for $400 million this year for federal anti-terrorism efforts. The department’s figures were again cited last week when Attorney General John Ashcroft lobbied lawmakers for continued support of the controversial U.S.A. Patriot Act, which gives law-enforcement officials greater authority to surveil and search foreigners and U.S. citizens.

Skeptics of the Bush administration’s response to the terrorist threat said that lumping minor crimes under the terrorism label could wrongly heighten public anxiety and provide a questionable rationale for more anti-terror resources.

“When people read that they’re doctoring the numbers, aren’t they going to have less confidence in the Justice Department and the war on terror?” asked U.S. Sen. Charles Grassley, R-Ia. “You can’t say that somebody’s a terrorist when he isn’t a terrorist.”

Prosecutors interviewed by the Sunday Register stressed that many of the Iowa cases were classic examples of illegal activities that are perpetrated by terrorist groups. And though any evidence of terrorist connections or motives was rarely mentioned in the courtroom, officials implied that some of the suspects might still be under suspicion, even since their release.

” ‘Bona fide’ terrorism is a matter of semantics,” said Assistant U.S. Attorney Richard Murphy, who heads the criminal division of the U.S. attorney’s office in Cedar Rapids. “I don’t think you can draw conclusions based on what a person is convicted of.”

Prosecutors decline to explain most cases
With few exceptions, Murphy and his fellow prosecutors declined to explain why any of the 35 cases were classified as terrorism, citing attorney rules and orders from Justice Department officials in Washington, D.C. Since 9/11, the Justice Department has largely equated secrecy with security, even in court.

Top Justice Department officials have told Congress that some foreign suspects have been deported rather than being charged with terror-related crimes because authorities are afraid to reveal their evidence before they have built cases against the ringleaders. Local prosecutors say they have been instructed to charge such suspects with “spit-on-the-sidewalk” crimes if necessary, just to get them out of the country.

Beginning in late 2001, federal prosecutors in Cedar Rapids filed charges against nine people and issued arrest warrants for at least 11 more in connection with Youssef Hmimssa, a document forger whose customers included members of a suspected terrorist cell in Detroit. None of those in Iowa who bought fake IDs from Hmimssa answered to charges more serious than fraud or conspiracy to commit fraud. All who were convicted served between two and 11 months in jail.

Yet all of their cases were listed by Iowa prosecutors as terrorist-related.

“We charged them with readily provable offenses,” explained U.S. Attorney Charles Larson, who heads the Justice Department’s Cedar Rapids office. “We haven’t had a shoe bomber or a McVeigh,” he said, referring to Timothy McVeigh, who was executed for his role in the April 1995 Oklahoma City federal building blast. “But if we’ve disrupted one part of what might have developed into a cell, we’ve done something important in prevention.”

In the two full years prior to the 9/11 attacks, there were no federal criminal prosecutions in Iowa related to terrorism, according to a Justice Department database obtained by researchers affiliated with Syracuse University.

Nationally, the trend was similar. The number of terrorism-related cases in the two years after Sept. 11 was 3,555 – a number six times greater than the sum for the prior two years, the Syracuse researchers said.

No pressure from D.C., prosecutors assert
Federal prosecutors in Des Moines and Cedar Rapids denied any suggestion that their bosses in Washington ordered them to label cases “terrorism” more liberally. Rather, they say, the Justice Department has become more proactive in its hunt for would-be terrorists.

When four Iowans were indicted on Jan. 29, 2003, for making false statements to Des Moines airport officials on job documents, the cases were marked internally by federal prosecutors as “anti-terrorism.”

Officials did not appear to consider the defendants a threat to the public. Most were charged months after their offenses, and all four were released on bond while awaiting trial.

Lawyers for the men said they could not recall hearing, either in court or during plea discussions, any allegations from prosecutors about terrorist motives. But to be safe, some defense lawyers filed motions to prevent prosecutors from describing the men’s alleged crimes to jurors as terror-related.

“It had nothing to do with terrorism at all. It’s just that it happened after 9/11,” said one defense lawyer, who asked not to be identified because of federal rules on out-of-court statements by attorneys.

Most of the defendants contended that they had signed the airport forms without reading them or had misunderstood the disclosures they were required to make as part of their jobs or their job applications. Their arguments were effective. Two of the airport suspects, one an employee of an asphalt paving company and the other a delivery service job applicant, were found not guilty by a jury. A case against an air-freight handler was dismissed when he agreed to report to a probation officer. The fourth man, an applicant for a freight-handler job, pleaded guilty and was placed on probation.

A fifth man who was indicted separately was an immigrant from Mexico who worked as an electrician. He was the only airport suspect convicted by a jury. He was sentenced to six months in jail and was deported because he was in the United States without proper immigration documents.

Charges are linked to anti-terror initiative
Assistant U.S. Attorney Stephen Patrick O’Meara, who heads the criminal division of the U.S. attorney’s office in Des Moines, said the “anti-terrorism” label was used in the airport cases because the crimes were discovered as part of a specific initiative to snare potential terrorists.

In retrospect, O’Meara said, he still believes the cases were coded correctly, given the Justice Department’s directives that assign credit for an arrest during a targeted terrorism operation, “even where the offense is not obviously a federal crime of terrorism.”

Researchers and advocates who are tracking the government’s post-9/11 policing methods said that classifying routine arrests as terrorism related helps to justify the resources that government security forces receive. But they also noted that the Justice Department, in public statements, generally does not distinguish between “anti-terrorism” cases and “terrorism” cases, which focus on genuine terrorists.

That approach, the researchers and advocates said, renders the Justice Department’s statistics practically useless as a measure of the presence of terrorists in the United States.

“You can’t objectively know whether it’s a gross mischaracterization designed to puff their stats or a case in which we have hearty intelligence out of Afghanistan,” said Paul Rosenzweig, a former federal prosecutor and now senior legal researcher at the Heritage Foundation, a conservative research group. “I think record-keeping is the least important thing in their minds.”

O’Meara, the prosecutor in Des Moines, acknowledged that the government’s statistics are at times imprecise and should be used with caution.

“The real purpose in all of this isn’t in any situation to label someone a terrorist,” he said. “But where those statistics are used, that’s something we have to be more particular with.”

A handful of the other Iowa terrorism cases seemed to fit the more conventional definition.

Luke Helder, who is accused of planting mailbox bombs in Iowa and four other states in 2002, was listed among federal statistics as Iowa’s only domestic terrorist in the two years after 9/11.

The Hmimssa forgery case was classified as terrorism-related financing, although he was never shown in court to have funneled money to a terrorist group. Convicted immigrants who bought fake IDs from Hmimssa came from several locations, including Algeria, Eritrea, France, Palestine, Pakistan and Morocco. None was jailed for as long as a year.

Hmimssa’s co-defendant, Brahim Sidi, who was alleged to have solicited business for Hmimssa, had his case classified as international terrorism. Sidi served seven months for fraud and was deported to Morocco.

Hmimssa eventually agreed to testify against his Detroit associates and was portrayed during the trial as more an opportunistic criminal than a murderous ideologue. Later, he voluntarily testified before the Senate Judiciary Committee, of which Grassley is a member. Hmimssa told senators about his methods of forging Social Security cards and talked about the vulnerabilities of the government’s ID-making system.

Hmimssa’s guilty plea to credit card and document fraud charges, if accepted, will get him a maximum of 46 months in prison. Two of the four men he testified against were acquitted of terrorism charges. The others were convicted of providing material support to a plan to blow up an American military air base in Turkey, although the verdicts are in question because of alleged prosecutorial misconduct.

Publicity about cases kept to a minimum
Although the Hmimssa case received national attention as one of the government’s first terrorism prosecutions, the majority of the government’s terrorism cases have not been well-publicized – by design.

Attorney General Ashcroft, for the first time, provided some details last week on a few dozen of the 310 arrests and 179 terrorism convictions nationwide that he had referred to during a recent appearance before Congress. But most of the cases were not discussed, and others were shown to be unrelated to terrorism activities.

Ashcroft’s terrorism figures are very different from those cited in President Bush’s proposed budget to Congress, which claims 1,283 such arrests in 2003 alone. A Justice Department spokesman could not explain the discrepancy.

In general, members of Congress have not succeeded in coaxing much substantive case information from the Justice Department. The curtain of secrecy has frustrated lawmakers, particularly in light of a report that questioned the department’s claims of anti-terrorism successes.

Investigators challenge Justice’s statistics
Congress’ investigating arm, the General Accounting Office, found in a small-sample survey last year that nearly half of the cases called terrorist-related by the Justice Department had been mislabeled. The GAO said the department’s statistics were inaccurate and unreliable.

The Justice Department officially agreed with the GAO’s findings and promised to make its statistics more precise.

Since then, federal prosecutors have expanded their definition of terrorism and have declined to make public case details that they previously had released. Department officials have cited national security as the reason.

Grassley and Sen. Patrick Leahy of Vermont, the ranking Democratic member of the Judiciary Committee, wrote to Ashcroft to complain, but they have not received a reply.

“You never get every question answered, or you never get every question answered fully,” Grassley said in an interview. “In order to have confidence in the government, it’s very important that we have as much transparency as possible.”

© 2004 Des Moines Register

Filed Under: Activism

Ranchers and Dairy Farmers Win Two Battles Against Corporate and Government Foes

July 18, 2004 by staff

By Jennifer Rockne
First published in the spring 2004 Insurgent

In a potentially transformative federal court decision, ranchers won a class-action lawsuit against the meatpacking giant, Tyson Foods, Inc., for violating the Packers and Stockyards Act of 1921 — created to protect farmers from the tyranny of that era’s meat giants. The suit was filed in 1996, when Tyson was known as IBP Inc. Tyson was ordered to pay $1.28 billion, spread among up to 35,000 ranchers. The corporation’s attorneys vowed to appeal the Alabama jury’s decision.

The system of regional meatpackers and competitive markets has given way to one in which producers sell, usually by pre-arranged contract, to any of four massive corporations — Cargill/Excel, Tyson/IBP, Farmland National Beef, and Swift/ConAgra, which jointly control nearly 85% of the market.

The Tyson case, and others pending against Cargill/Excel and Swift/ConAgra, stems from a practice in which cattle buyers contract for cattle ahead of the time of sale, then “store” the cattle to drop the bidding price. The Tyson verdict is the largest to date against anti-trust law abuse known as monopsony (or oligopsony), the opposite of monopoly. In a monopoly, the seller raises prices paid by buyers, while in a monopsony, a dominant company uses its market power to depress the prices it pays suppliers below what they would receive in a competitive market.

Though the meat processing industry is an oligopsony nationally (Tyson controls about a third of the market), a single company often enjoys a monopsony in a particular region.

Increased corporate concentration and lack of federal enforcement of anti-trust law across several industries is sparking a wave of civil litigation. The Tyson verdict is an encouraging sign that some courts may enforce laws that industry-coopted regulators are failing to uphold.

Meanwhile, on Feb. 24, the 3rd Circuit U.S. Appeals Court ruled a national milk “check-off” fee unconstitutional on grounds that it violates First Amendment rights. The plaintiffs in Cochran v. Veneman (Ann Veneman, U.S. Secretary of Agriculture) were family farmers who raised free-range, hormone-free cows. They believed the mandatory fee, collected by the federal government to promote milk as a generic commodity, undermined their product and amounted to forced speech with which they disagreed.

Federally-mandated commodity checkoffs are now 0 for 3 in recent appeals court rulings. Pork and beef check-offs (the beef case is under appeal to the U.S. Supreme Court) also were ruled unconstitutional for the same reasons as the milk fee.

Similar legal challenges have been waged with initial success in the grape, mushroom and pork industries.

Filed Under: Independent Business

Celebrating Independents

July 2, 2004 by staff

America’s Independent Businesses Have Reasons for Optimism

By Stacy Mitchell
Published July 2, 2004

On a cold December night, 231 years ago, a band of patriots forced their way onto three ships docked in Boston Harbor and dumped more than 90,000 pounds of tea into the sea. Although we often forget it today, their actions were as much a challenge to global corporate power as they were a rebellion against King George III.

The ships were owned by the East India Company, a vast transnational corporation that exerted enormous power over the American economy. It had a firm grip on the British government too. In 1773 parliament passed the Tea Act, which exempted the East India Company from paying taxes on tea it sold in the colonies. The aim was to enable the company to undercut small competitors, all of whom were subject to the tax, and drive them out of business.

“Hence it was no longer the small vessels of private merchants, who went to vend tea for their own account in the ports of the colonies,,” according to Tea Party participant George Hewes, “but, on the contrary, ships of an enormous burthen . . . “

The British government and the East India Company were betting that the lure of cheap tea would overpower any sense of principle. But they misjudged. The colonists continued to support independent merchants, boycotted East India tea and, that night in the harbor, engaged in a bit of economic disobedience.

It’s impossible to read this history (as in Thom Hartmann’s Unequal Protection) without thinking of subsidies for Wal-Mart, favors for Halliburton, and banking policy designed to augment the power of big banks. Once again we have a government that operates largely in the interests of global corporations.

And once again, there are signs of defiance everywhere. Notably this week, as we celebrate our nation’s independence, thousands of small businesses, led by the new and fast-growing American Independent Business Alliance (AMIBA), are drawing attention to the importance of small-scale, local enterprise in guarding against economic tyranny.

They’ve declared this Independents Week and are urging Americans to reassert their economic independence, much as their Tea Party forerunners did, by avoiding global corporations and seeking out independently owned businesses.

The odds of local businesses gaining ground in an economy where just twenty chains capture one-third of the $2.5 trillion in annual consumer spending seem about as good as, well, the odds that a group of ragtag rebels could beat back the British Redcoats. Independent businesses are outgunned and at the wrong end of a whole host of government policies that favor their big competitors. But like the colonial rebels, they have an ace up their sleeve: the stubbornly independent, self-reliant spirit of America .

“This is about community self-determination,” said AMIBA director Jennifer Rockne. Local ownership diffuses economic power. It ensures that critical decisions — whether to pay a living wage, protect a natural resource, sell produce from local farms, or contribute to a local charity — are made, not by some distant board of directors, but by people who live in the community and who will feel the impacts of their decisions.

AMIBA is publicizing Independents Week nationally, but many of the events will take place in the dozen cities where local business coalitions affiliated with AMIBA have formed.

In Austin, Texas, the 240-member Austin Independent Business Alliance has blanketed the city with posters calling on residents to “Celebrate Your Independents” and persuaded Mayor Will Wynn to issue an official Independents Week proclamation. Members are organizing a variety of events and contests, all of which are designed get people thinking about how their spending decisions affect Austin ‘s future.

Meanwhile, in Hudson, Ohio, fifty-five independent businesses have been running newspaper ads calling on residents to “dare to live a week without malls.” This Saturday, during a big celebration on Main Street, supporters are planning to link arms to form a giant circle around the downtown — a symbolic act organizers hope will spur opposition to a November ballot initiative that would open the way for big box development.

In Tampa, Florida, the Tampa Independent Business Alliance is hosting a public forum that members hope will galvanize a broad public discussion about the merits of pursuing chain store development versus nurturing locally owned enterprises. One vital difference, notes Carla Jimenez, co-owner of Inkwood, is that, unlike chains, independent businesses support a web of local economic activity.

“When we need shelves, we have them crafted here in Tampa,” she said. “We have a local printer, accountant, local bookkeeper that’s proficient with the Clio accounting service we sometimes need, we even have a local, independent pest control company.” The more localized a city’s trade, the less vulnerable it is to the fluctuations of the global economy and the whims of the stock market.

Jimenez was the person who first dreamed up the idea of Independents Week. It’s not surprising that an independent bookseller would connect the dots of political and economic democracy. Local businesses are our best weapons against chain store gatekeepers that increasingly control what books, records, and films end up on store shelves. This week, in my home state of Maine, had it not been for four independently owned theaters, there would have been a complete blackout on Fahrenheit 911.

“This a fun celebration of all of our great independent businesses,” said Michael Levinson, director of Build St. Louis, a fledgling independent business alliance in St. Louis, Missouri, which will kick-off Independents Week with a party at a local brewery emceed by the director of a community-owned radio station. “But it’s also about preserving economic freedom and local self-reliance, values that go back to the very beginning of this country.”

Stacy Mitchell is a senior researcher with the New Rules Project (a program of the Institute for Local Self-Reliance), serves on the board of the American Independent Business Alliance and is a frequent contributor to ReclaimDemocracy.or.

Filed Under: Independent Business

Right to Remain Silent Undermined by Supreme Court’s Hiibel Ruling

July 1, 2004 by staff

By The Washington Post editorial board
First published June 22, 2004

Editor’s note: This editorial preempted an op-ed we were ready to write on the June 21 Supreme Court ruling. It represents our concerns well.

“You have the right to remain silent.” At least, you did before the Supreme Court handed down a decision in the case of Hiibel v. Sixth Judicial District Court of Nevada yesterday. Now, when a police officer suspecting you of a crime stops you in the street and asks your name, you can be prosecuted for refusing to answer.

That’s what happened to Larry Dudley Hiibel, who was approached by a police officer investigating a report of an assault. Repeatedly asked to identify himself, Mr. Hiibel insisted he had done nothing wrong and refused. This was illegal under Nevada law, which requires any person stopped by the police “under circumstances which reasonably indicate that the person has committed . . . a crime” to “identify himself” if asked. But as justices have long presumed in previous cases, refusing to talk was also Mr. Hiibel’s right under the U.S. Constitution, which guarantees that a person shall not be forced to act as a witness against himself. Not anymore.

The Supreme Court, voting 5 to 4, declared that there was nothing wrong with compelling people to answer police questions if the police were merely asking their names. It was okay to demand Mr. Hiibel’s name, Justice Anthony M. Kennedy wrote for the majority, “because in this case disclosure of his name presented no reasonable danger of incrimination.” That might be true of Mr. Hiibel, but what if you’re wanted for a crime? What if your name is similar to that of a fugitive? What if your first name is Osama? Justice Kennedy doesn’t answer these questions, leaving them to future cases. But as Justice John Paul Stevens wrote in dissent, “A name can provide the key to a broad array of information about the person, particularly in the hands of a police officer with access to a range of law enforcement databases. And that information, in turn, can be tremendously useful in a criminal prosecution.”

We believe that people generally ought to cooperate with law enforcement. But we also believe that targets of law enforcement have a right not to do so. Carving out exceptions, even seemingly innocent ones, is a bad idea.

© 2004 Washington Post

  • Timothy Lynch of the Cato Institute wrote this interesting op-ed, which digs deeper into some problems with the Hiibel ruling
  • Travel writer and civil liberties advocate Edward Hasbrouk offers interesting analysis of the Court decision on his blog
  • See the Supreme Court ruling (pdf)

Filed Under: Civil Rights and Liberties

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