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Convicted Criminal Considers the Cause, and the Court


By Malachy Kilbride,
Washington Peace Center

Last week, as prisoners continued to languish in the infamous and illegally-run US concentration camp of Guantanamo, I was fortunate to join 34 fellow criminals in Washington DC at the District of Columbia Superior Court as our case, for an act of peaceful civil resistance, was heard by a judge and prosecuted by one of America’s officers of the court. Our court experience was far more than our unfortunate brothers in Guantanamo have received after 6 years in their open-ended confinement. Approximately 270 Guantanamo prisoners are held in captivity without charges, Habeas Corpus rights denied, access to civil courts denied, living in conditions of abuse, torture, and with little hope for life or liberty. Some have committed suicide because of their desperate situation.

On January 11, 2008 hundreds of people solemnly processed from The National Mall to The United States Supreme Court marking the 6th year of the prison camp to redress our grievances against the US Government and its use of abusive treatment, torture, and the ending of Habeas Corpus rights for the Guantanamo prisoners. Out of the hundreds who were a part of this assembly, outside and inside the US Supreme Court, I was one of 80 people who ended up being arrested for our nonviolent witness, kneeling and praying, calling for the closing of the Guantanamo detention camp. Those of us who were arrested for our peaceful justice-advocacy for the prisoners were charged with “unlawful free speech” and a second charge, for those inside, of “causing a harangue”. The “harangue” charge was eventually dropped.

After our arrest we were held for over 30 hours in a chain of custody from the US Supreme Court Police to the DC Metropolitan Police, and finally in holding cells below the courtroom by the US Marshals. We chose not to have any identification such as drivers’ licenses and instead told the police that we were there in the name of a specific Guantanamo prisoner. The Guantanamo prisoner I represented is Sahr Fawaz Ahmad. Many of us had been held on January 11 in handcuffs for over 8 hours and some not given any food or water until the next day. The day after our arrest, while still in custody, the US Marshals refused to give us water. Our lawyer had to get the arraignment judge to order the marshals to give us water. On January 12 we were all arraigned late in the day and early evening. We were then free to go until we would be in court to defend ourselves against the charges. Again, this is more than those in Guantanamo have received even after 6 long years of imprisonment without charge or conviction.

On May 27, 2008 we gathered for our trial in the DC Superior Court. As we went to trial our numbers had decreased from 80 initially arrested to 34 prepared for trial. Several of the 80 had made agreements with the government not to get arrested for 6 months and having their records cleared if they maintained this agreement. Others had their charges dropped for no apparent reason just before our trial. Our judge was Wendell P. Gardner Jr. and our US Government prosecutor was Magdelena Acevado. We would defend ourselves Pro Se meaning we would represent ourselves with the assistance of attorney-advisers Mark Goldstone and Anne Wilcox.

By going Pro Se we have the chance to introduce our message about the Guantanamo prisoners and what motivated us to take such a dramatic action at The US Supreme Court.

The trial lasted three days ending late on Thursday May 29. During our trial almost half of my fellow co-defendants wore orange jumpsuits and remained silent and would not take an active role in their defense. They did this to be in solidarity with the prisoners of Guantanamo and to illustrate the lack of justice the prisoners have experienced while being held in the US occupied portion of Cuba. The rest of us took on the various roles such as giving opening statements, cross examination of government witnesses, examination of defense witnesses, motion for judgment of acquittal, and closing statements in our defense. We all identified ourselves in court with our own names in addition to naming the Guantanamo prisoner we represented. In naming a Guantanamo prisoner we were in some small symbolic way getting these illegally held captives into the court record, again this is much more than what they have received so far.

During the trial several of my codefendants made deeply moving and passionate statements concerning the rights of the prisoners, about the abuse and torture we know is inflicted upon them, the importance of Habeas Corpus, human rights, and international law. They spoke eloquently about why we were called by conscience and the need to follow a higher law that is above statutes that govern behavior in and around a federal building. We all acted peacefully at the US Supreme Court on January 11, 2008 and firmly believe that we were there to uphold the law.

During the trial the government failed to provide any evidence of our individual guilt. We were identified in court with post-arrest photos by police witnesses. A video depicting some of what happened outside The US Supreme Court was presented without a single police officer identifying any one of us as an individual who committed a crime. Not one person who was inside on that day was ever identified by a police witness as committing any crime. One officer testified that the first time he saw me was on an elevator handcuffed being escorted by another officer after my arrest. Nevertheless we were all found guilty by the judge. We were found guilty by the use of post-arrest photos and guilt by association and not as individuals who each committed a crime. This is significant but not the most important thing for us.

We did what we did and went to trial because of the prisoners of Guantanamo. We were there for them. We were there to speak out for those who cannot. We were there to uphold international law, our constitution, our Bill of Rights, The Geneva Conventions, for justice and humanity. Our government refuses to allow the Guantanamo prisoners into our civil courts to be fairly tried. Instead our government has set up military tribunals where hearsay evidence is permitted, information obtained from those tortured is admitted as evidence, and the military judge picks the defense, prosecution, and jury. This is not justice. We took the names of the prisoners into court with us written on our hearts and minds and we spoke their names. We were subsequently sentenced by Judge Gardner on May 30.

We now all face one year of probation and a one year order to stay away from the US Supreme Court building, grounds, and the surrounding sidewalk. Some of us have fines of $50 and a few have, including myself, a $100 fine. Some refused to accept probation knowing they may be called by conscience, to witness for justice and peace, to risk arrest again. These people, five of them, received immediate jail time of 10 days and an additional one to 15 days. Another defendant, a retired school teacher in her 70’s, received 5 days, and I was one of three who received 1 day in jail in addition 29 days in jail if we get arrested within the year. Again, this is nothing compared to what our brothers in Guantanamo face every day.

Our judge gave us these punishments because he said he wants us to learn a lesson. But, in reality the government is clamping down on peaceful dissent by jailing us and threatening us with more jail if we continue our nonviolent resistance to injustice. This is the lesson the government wants nonviolent dissenters to learn. The lesson the government needs to learn, however, is that this won’t work with us. We will be back for our brothers in Guantanamo and the estimated 27,000 other prisoners in secret black sites around the world where torture is practiced.

As long as the Guantanamo concentration camp is open and in operation none of us is truly free. As long as the likes of Bush, Cheney, Rumsfeld, Rice, Gonzalez, and Yoo remain at large ordering, advocating, and approving of torture none of us is safe. As long as the bipartisan US Congress fails to restore Habeas Corpus and close Guantanamo we have lost our republic and tyranny will rule us. We all must work to close this place and bring justice to those held captive. If this means risking arrest for nonviolent symbolic actions of peaceful civil resistance and then enduring a time of incarceration then this must be done for the sake of the higher laws of justice and the leadings of our individual consciences. I urge all people of goodwill to join us in this struggle for justice.

For more information on the campaign to close Guantanamo, our trial, and the work to end torture go to: www.witnesstorture.org

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