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Amer Jubran Trial

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  • ummyakoub
    Amer Jubran Trial Circulate Widely. Thank you for your support. ********************************************************************** WORKING CLASS PUERTO
    Message 1 of 1 , Aug 2, 2003
      Amer Jubran Trial
      Circulate Widely. Thank you for your support.

      U.S. Government Attempts to Railroad Palestinian Activist
      No Evidence Supporting Its Claims, Government Drags Its Feet and
      Continues Attack on Palestinian Activist

      With hundreds of demonstrators outside and the hallway leading to
      the court room packed with supporters, an INS Judge began the
      removal hearing of Palestinian activist Amer Jubran on Thursday, July
      The INS prosecutor Rick Neville appeared 10 minutes late and
      continued to employ delaying tactics to insure that the hearing was
      not concluded that afternoon. The INS Judge allowed endless
      questioning of Amer's ex-wife by the prosecution even though the
      judge found many of the questions were not relevant and would
      probably not have any bearing on the sole question of whether Amer's
      previous marriage was valid. Taking the position that "we'll
      see where this leads" and "allowing both sides to develop their
      case", the Judge's refusal to conduct the hearing in a timely and
      orderly fashion allowed the prosecutor to ask not only embarrassing
      questions of Amer's ex-wife, but also questions that were solely of a
      political nature: what were Amer's political views, what political
      discussions did Amer have with his ex-in-laws, did Amer ever leave
      the country during your marriage. The prosecution merely withdrew
      the most outrageous questions when Amer's attorney objected.
      Similarly egregious, the prosecution presented to the Judge a
      report filed by an FBI agent after questioning of Amer's ex last
      November. Neither a copy of this report nor its contents had been
      previously revealed to Nelson Brill, Amer's attorney, prior to July
      24th even though he had formally requested copies of all reports.
      Moreover, the Judge had required each side to submit witness lists
      and all evidence/exhibits to the court no later than June 24, 2003.
      Again, the Judge failed to apply his own rules and allowed the late
      submission of the report to the potential detriment of Amer's ability
      to defend against false accusations.
      Moreover, the Judge did not fairly implement his declaration of
      wanting to give both sides ample leeway to develop their cases.
      Rather, the Judge cut short Amer's counsel questions regarding
      INS/FBI harassment of other family members, cautioned counsel to be
      very careful before lodging charges of intimidation and obstruction
      of justice against the U.S. government and opened the hearing
      declaring that no one in "this" country should be afraid to come to
      court to testify.
      One conclusion to be reached from the day's hearing is that
      the "fist inside the velvet glove" of the facade of democracy and due
      process in this country appeared in the form of a kindly, soft-
      spoken, gray haired judge. Although a sharp conclusion, it is
      supported by the fact that the Judge was aware and stated in court
      that if the hearing did not conclude that afternoon his next
      available date for the rest of the hearing might not be until
      September of 2004! The insensitivity of the Judge to the pressures
      and limitations the pendency of this case puts upon Amer, his family
      and friends was startling. To our great relief, as of this writing,
      the Court has continued Amer's hearing until Thursday, September
      25th, 2003. This still is too long of a delay, but is better than
      waiting 14 months.
      The most encouraging aspect of Thursday's hearing was the
      courageous appearance of Amer's ex-wife. Defying FBI/INS very recent
      intimidation of her sisters and parents, putting aside her family's
      fearful requests that she not appear, she not only appeared in court
      but withstood two plus hours of cross-examination by the INS
      attorney. The dignity and composure of this working class Puerto
      Rican woman directly in the face of the U.S. government was truly
      inspirational. She never wavered from the truth that she and Amer
      married out of love and divorced due to financial pressures that face
      so many young couples in this heartless capitalist system.

      To give the Judge credit, he also concluded that Amer's ex-wife
      was a good and credible witness. The Judge related to Amer's ex-
      wife's financial situation when he cutoff part of the prosecution's
      questions regarding her financial status and remarked that "There
      are people who just don't have telephones."
      The Judge also stated that he had heard cases like this before and a
      witness' inability to recall details from five years earlier did not
      necessarily concern him. He also noted that it was not unusual for
      couples to mistake a marriage license for a marriage certificate. At
      the conclusion of the day the Judge even invited Amer into his
      chambers for an off the record discussion with the attorneys. The
      Judge's unexpected show of respect for Amer took the prosecution by
      surprise and apparently made them quite uncomfortable. The Judge
      suggested that he had heard enough and that he was prepared to
      rule that Amer's marriage was valid and to dismiss the charge. It was
      the prosecution that insisted upon additional hearing time and
      continued political harassment of Amer.
      Unfortunately this case is not unique. Courts are often
      incredibly insensitive to the impact a court proceeding has of the
      lives of people in front of them. Court are more often than not more
      than generous to the Government's abuse of the court system and the
      system's own rules. Attorneys often resort to employing delay tactics
      in their court strategy. "Justice delayed is justice denied" is not
      only an admonition but also often the game plan.
      However, the most significant "game plan" employed by the U.S.
      government is to attempt to silence dissent and intimidate those who
      dare to speak out for Palestine and speak out against injustice. The
      government's attack on Arab and Muslims is an absolute ploy to divert
      attention away from the real "trained killers" within the ranks of
      the U.S. ruling class, its client/puppet states and its paid
      mercenaries. The more effective the voice of dissent, the more
      relentless the government's attack.

      Amer is a strong, clear voice for justice. Whether we are in the
      chorus, singing a duet, studying the sheet music or sitting back and
      enjoying the song, the music of resistance continues and will not be
      silenced. Long live the Intifada!

      For another article on the court the hearing:
      Report on the July 24 Deportation Hearing of Palestinian Activist
      Amer Jubran By Les Blough, Editor, Axis of Logic

      For more information from the Amer Jubran Defense Committee and for
      upcoming actions:

      Jubran-coordinators mailing list

      Announce mailing list

      New England Committee to Defend Palestine



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