WAT Fast during June Torture Awareness Week

In Focus - Front Page // Film

 

We invite you to join WAT’s Torture Awareness Week Fast (June 21-26).  We will be fasting in our homes in deference to the still unvanquished pandemic. Fast for a day or two or for all five days, and meet with us on Zoom for mutual support on Monday and Wednesday evenings and Saturday morning.  Our purpose is to use our own bodies to deepen our understanding of the U.S. use of torture, especially against the Muslim men locked in Guantanamo. Read our Thoughts on Fasting.

If you would like to join us, please send an email to witnesstorture@gmail.com with “RSVP for Fast” in the subject line: you’ll receive the Zoom link and tips on fasting safely.  Below are actions to take and other Torture Awareness Week events.

Press release: Torture Awareness Week — WAT June 2021 Press Release

Menu of Actions to Take During the Week

Choose the actions that are meaningful to you. Even if you decide not to fast, you can still join in taking concrete actions to oppose torture and support torture survivors. Keep checking back for details: list is in progress!

-Write to the men in Guantanamo: Names and instructions are here.

-Email/call Congresspersons:  This week, call or email your representative and Senators telling them you’re concerned about the men in Guantanamo, and why.  Urge them to press the administration to clear and release detainees and close Guantanamo. Find your members: House, Senate

-Email/call President Biden: Tell President Biden why you’re concerned about the men in Guantanamo and urge him to act more quickly to empty the prison and close it. Email: www.whitehouse.gov/contact/  Call: 202-456-1111

-Vigil in your home town:  Make a sign stating your own demand and stand on a busy street corner for an hour.  Ask your friends to join you, but even a one-person vigil can have an impact.  

-Write a letter to your home town paper: Use your own words or draw on some of the ideas in this Sample Letter to the Editor . Draw on the stark facts as reasons to close Guantanamo. Your viewpoint counts, especially in your own community!  

Watch The Mauritanian, the film about former Guantanamo prisoner Mohamedou Ould Salahi, starring Jodie Foster and Tahar Rahim.  Now available online for only $5.99.  Watch it yourself, or organize a group of friends to view it together!  

Events

Keep checking back for what other groups are doing: the list is in progress!
(And send us your local anti-torture and close Guantanamo actions and events to post.)

–WAT Fast

Monday, June 21 – WAT Fast Begins: Zoom circle at 8 pm ET (Send email to witnesstorture@gmail.com with “RSVP to fast” in subject line for Zoom link)

Wednesday, June 23 – WAT Fast Zoom circle at 8 pm ET

Saturday, June 26 – 11 am WAT Fast Zoom circle and breaking of fast

–TASSC online conference – The Asylum Crisis in the US

Wednesday, June 23 –  Info and Zoom sign-up here.

–Close Guantanamo Vigil Livestream 

Saturday, June 26, 2 pm – We will livestream a WAT Close Guantanamo Vigil in Lafayette Park, Washington DC. 

Torture Awareness Week is the lead-up to June 26, the International UN Day of Support for Victims of Torture — a day that WAT has traditionally observed in conjunction with TASSC: Torture Abolition and  Survivors Support Coalition.  TASSC was founded in 1998 by Sister Dianna Ortiz after she was captured and brutally tortured while teaching in the highlands of Guatemala.  Upon her return to the U.S. she fasted in front of the White House demanding information about U.S. involvement in her torture.  Tragically, this courageous woman, who not only survived kidnapping and torture but used the experience to become a voice for torture victims everywhere  died of cancer February 19 at the age  of 62.  We miss her greatly.  Dianna, Presente!

In the early years of WAT we gathered in June to vigil in solidarity with torture survivors at the TASSC vigil in Lafayette Square, donning orange jump suits and protesting nonviolently.

This year a small group of WAT and other local activists will hold a vigil in Lafayette Square at 2 pm Saturday June 26, to read the names of the 40 Muslim men in Guantanamo.  Watch it live-streamed at facebook.com/rehumanizeintl.

–Buffalo, NY
Silent Vigil for UN “International Day in Support of Victims of Torture.”

Saturday, June 26, 2021 from 6 to 7 pm at University Presbyterian Church, at the intersection of Main Street and Niagara Falls Boulevard, Buffalo (across from UB Main Street Campus).
All are welcome to bear living witness to Micah 6:8 through peaceful action.

–Starvin’ for Justice Anti-death Penalty Events

June 29 – July 2, Supreme Court Washington, DC

Starvin’ for Justice Anti-death Penalty Fast and Vigil   
Death penalty abolitionists from around the country will gather for the 28th year at the steps of the Supreme Court to call for an end to capital punishment in the United States.


Donate

–Online donations: Click here.

–By check:  Please make your check out to Witness Against Torture and send it to:

New York Catholic Worker
Attn: Witness Against Torture
55 East Third Street
New York, NY 10003

 

 

 

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Lobby Congress about Guantanamo

Fast for Justice 2021 // Film

We encourage you to contact your Congress members on or around the anniversary of Guantanamo on January 11 to encourage them to:

·      close Guantanamo in a just and quick manner,

·      charge or release remaining prisoners,

·      allow for transfers to US for trial or medical
needs,

·      reopen the State Dept. resettlement office.

Check if your member of Congress is a member of one of these committees. If not, you may contact the chair of each committee. Find membership and contact info at the following links.

House Armed Services: Chair-Adam Smith

House Foreign Affairs: Chair-Gregory Meeks

Senate Foreign Relations: Ranking Dem-Robert Menendez

Senate Armed Services: Ranking Dem-Jack Reed

Find the contact information for your members of Congress at the following links:

https://www.house.gov/representatives/find-your-representative

https://www.senate.gov/general/contact_information/senators_cfm.cfm

Background reading: Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention

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WAT’s letter to President-Elect Joe Biden

Uncategorized // Film

October 2020

Dear Vice-President Biden, Senator Harris, and the Biden/Harris Campaign,

We are Witness Against Torture (WAT), a group founded in 2005 with the goal of closing the prison camp at Guantanamo and ending U.S. torture.  We are writing to urge you — in the event of the Biden/Harris victory we all seek — to make good on your campaign pledge to at last close the prison.

For years, we have fasted, demonstrated, lobbied, written letters, and been jailed for non-violent Civil Disobedience, in the best tradition of John Lewis and Dr. King. On two occasions some of us physically went to Cuba to protest the U.S. prison at its edge. We have made, in short, “good trouble” on behalf of a worthy goal you share.

Like us, countless other Americans passionately believe that Guantanamo must close and that the Muslim victims of horrific American abuses must receive some measure of justice.

Guantanamo is a stain on the nation’s soul, an ongoing threat to America’s security, and a place of the enduring abuse of Muslim men, many of whom have never been charged with crimes. We are heartened by your pledge to revive the efforts of the Obama/Biden administration to shutter the prison. We are especially grateful for the leading role Senator Biden has taken, even before becoming Vice President, in condemning the prison and urging its closure.

But we are also painfully aware of the catastrophic failure of the Obama administration to make good on its “day one” Executive Order to close Guantanamo. Yes, Republicans in Congress vigorously opposed Obama’s efforts. Yet a lack of political will was the ultimate culprit.

The Obama administration did not work hard enough to secure its own goal; as a result, dozens of men had years more of their lives stolen, sometimes suffering brutal forced-feedings as they protested their detention through hunger strikes.  Moreover, the Department of Justice under Obama repeatedly appealed habeas rulings, until the habeas process had no meaning; it retained the unjust and unworkable Military Commissions; and it resisted legal efforts to hold individuals who authorized or committed torture to account. 

We cannot repeat this policy fiasco and moral disaster. President Biden will have the awesome task of purging the United States of the corruption the Trump administration has visited upon its institutions, norms, and values. But Guantanamo is itself a profound corruption. Its very existence threatens to render meaningless America’s commitment to human rights, the rule of law, and basic ideas of fairness.

Hopefully, Americans will resoundingly elect Biden and Harris to restore decency to the United States. We hope — and will make every effort to ensure — that closing Guantanamo is an essential part of that effort.

Do what you urgently must in these last days before the election. After celebrating victory, start on the hard work you were put in office to do. Close Guantanamo.

Sincerely,

Witness Against Torture

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The pandemic has exposed the need to focus on inequity and injustice

Uncategorized // Film

Buffalo News | October 25, 2020

The pandemic has exposed the need to focus on inequity and injustice

By Tom Casey

The coronavirus pandemic, Black Lives Matter, police violence, protester violence and fires in California and Australia have exposed our and humankind’s vulnerabilities, interdependence and injustices. What can we, the most powerful nation in history, do to reduce the suffering from future inevitable calamities and from how we treat one another? Can we take Rabbi Waskow’s advice on the day after the shock and pain of 9/11, “… only in a world where we all realize our vulnerabilities can we become a world where all communities feel responsible to all other communities..

We, whose ancestors emigrated from Europe, have been blessed with the moral foundation established in our Constitution. Those who have been excluded based their just demands for inclusion on their “unalienable rights” of “Life, Liberty and the Pursuit of Happiness” as Martin Luther King Jr.’s words at the Lincoln Memorial made so morally clear. Our Dr. Khalid Qazi of the Muslim Public Affairs Council was inspired by our country’s motto in giving a talk at the Chautauqua Institute Interfaith Lecture Series titled, “E Pluribus Unum” (out of many, one). From this foundation and the land’s abundant resources we have created the wealthiest nation in the history of the world.

Buffalo’s Interfaith Peace Network believes these blessings give us a responsibility to fulfill our potential to lead the world in reducing suffering at home and abroad because God has “…made of one blood all nations,” (Acts 17:26) and in the words of Geronimo, “We are all the children of one God.” The interfaith movement has shown significant change can occur where it was once thought impossible.

We can reduce suffering by more fully committing to live core precepts of Christianity, Judaism, Islam, Hinduism, Sikhism, Buddhism, and Indigenous Native American principles. It is the Golden Rule. Each faith tradition very strongly conveys it with different words but with the exact same meaning: Treat others as you wish to be treated. Essential will be the humility to accept and acknowledge our failings, a bedrock of all the major faith traditions. A virtue that is opposite our perceived exceptionalism. While religions have very unfortunately been misused to foment and justify violence at times, they have often provided direction and a spiritual source of strength and community as evidenced by Martin Luther King Jr.

To reduce suffering today, Rabbi Jonathan Freirich of Temple Beth Zion noted, “In Jewish traditions the Hebrew phrase, pikuach nefesh, ‘preservation of life,’ serves as the guiding principle for individuals and communities. As we make our way through the tragedies of this terrible pandemic, Jewish communities have forged ahead by placing the preservation of life as our highest priority in decision-making.”

We must understand and feel the suffering of those who fear violence because of their skin color or as they worship God, Allah or the Great Spirit (also Great Mystery) in their temples, synagogues, churches and sacred gatherings. We can choose to better realize Chief Crazy Horse’s vision, “I see a time of Seven Generations when all the colors of mankind will gather under the Sacred Tree of Life and the whole earth will become One Circle again.”

We must lead in the essential dialogue necessary to achieve “a world where all communities feel responsible to all other communities” by following the Quran’s directive that Dr. Qazi pointed to – that mankind was created “… from a single (pair); of a male and a female [Adam and Eve], And made you into nations and tribes, so you may come to know each other.”

We all have perpetuated violence in different ways or allowed it to happen by our silence. We need to follow Jesus’s direction to Peter to put down his sword and Isaiah’s admonition for nations to “beat their swords into ploughshares.” It becomes more evident daily in the actions of some police and some protesters that violence only begets violence in a futile and destructive cycle, sometimes exacerbating the problem it was perceived to resolve.

The pandemic has exposed extreme inequity and injustice. Many essential workers are receiving less than a family-supporting wage with no health insurance while working in contagious environments such as EMTs and health care providers. We could not survive long without those stocking our supermarket shelves, which would be mostly empty without the long, grinding physical labor of family farmers and immigrants (legal and undocumented).

The new, just normal will require real sacrifice by those of us more fortunate. This must result in some combination of a higher minimum wage, universal health care, subsidized job re-training, a tax increase for some and/or an increased Earned Income Tax Credit. If the top 50% of earners were to share in this sacrifice, their disposable income would have to decrease to varying degrees. For a two-person household, this is those earning or receiving more than $63,000 per year. Abroad, we must change our abysmally unjust track record of failing to require labor-supporting trade principles in order to more justly pay for the resources and labor we benefit greatly from and also to better protect our workers, many of whom have suffered significantly from unfair competition.

For all the world’s children, we must lead in reversing our violence to Mother Earth. The Native American Proverb says it all, “Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors; we borrow it from our Children… We must provide shelter for more refugees and immigrants living in conditions we cannot imagine, some caused by our country’s unnecessary wars, political/economic interventionism to keep wages low, sanctions and support of brutal dictatorships in other countries. Reliable estimates for sanction-caused deaths in Iraq from 1990 to 2003 are over 700,000 children and 800,000 adults. Unknown numbers have died due to ongoing sanctions in Iran, Venezuela and North Korea.

Ending our excessive use of war, the present source of millions of refugees, must be achieved just as the once thought impossibilities of ending slavery and women voting have occurred. We must stop spending immense resources on the armaments of the military industrial complex that President Eisenhower said “…signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed.. Four percent of our military budget could end starvation and provide clean water for the entire world. Matthew 25:35-36 and the Quran, 76:8-9, make clear our responsibility. The United States, once the bread basket for the world, is now the arms basket, exporting 80% of the world’s traded weapons, some to countries gripped in horrible violence.

Will we again fail to respond to God’s grace as we did after 9/11 and so far, are doing with the pandemic? We had the world’s sympathy, including a march for us in Tehran after 9/11. We had a golden opportunity to lead, strengthening the essential cooperation of many diverse countries, from Europe to Indonesia, to fight terrorism. Instead we started two clearly unnecessary wars that have taken at least 1 million lives, mostly children and women.

It is clear prayer alone will not meet our responsibility to create a new more just normal, and to give new meaning to the song “God Bless America” and the words “God shed His grace on thee” in “America the Beautiful.” To fulfill our county’s promise, Abraham Lincoln said, “We shall nobly save or meanly lose, the last best, hope for mankind (our country) …. The way is plain, peaceful, generous, just – a way which, if followed, the world will forever applaud, and God must forever Bless. Our children’s and humankind’s futures will be deeply affected by our choices.

Tom Casey is a member of the Interfaith Peace Network of Buffalo and an organizer with Witness Against Torture

Copyright (c)2020 Buffalo News, Edition 10/25/2020

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Martin Gugino – The “Buffalo Protestor” and our Friend

In Focus - Front Page // Film

Update:

Buffalo News | October 7, 2020

‘I’m good. The city is not good’: Man pushed by police speaks at protest

 

June 9, 2020
FOR IMMEDIATE RELEASE

CONTACT: Matthew Daloisio, 201-264-4424

WAT RESPONDS TO TRUMP’S MALICIOUS TWEET

Trump callously lied this morning on Twitter about Witness Against Torture’s friend and fellow activist, Martin Gugino – the 75-year-old elder who was shoved to the ground and stepped over by the Buffalo police force while protesting the death of George Floyd. WAT organizer Jeremy Varon has written the following op-ed, exposing the person Martin really is and what is truly at stake in this moment.

Martin Gugino — The “Buffalo Protestor” and our Friend
By Jeremy Varon

I too reacted with horror at seeing the video of a 75-year-old man bleeding from the head after being shoved to the ground by Buffalo police. My stomach turned tighter when I realized, “Wait, I know that guy.”  And now the president has tweeted about him, spinning the grotesque falsehood that his fall and terrible injury were somehow a set up.

The man is Martin Gugino. For years we worked together in Witness Against Torture, a close-knit group dedicated to closing the U.S. prison camp at Guantanamo and opposing torture. Our community is beside itself.

None of us is surprised that it was Martin meeting the police line in a posture of non-violence. Martin is gentle, principled, and undaunted. Allied with the Catholic Worker tradition, he is also deeply committed to a tapestry of causes, from fair housing to immigrant rights. Guiding his activism is belief in the sacred power of non-violent resistance to injustice. If that makes him an “agitator,” as Buffalo’s police chief slandered him, then the world needs more agitators.

The video of Martin is already part of the iconography of our times, in which every disturbing visual seems a metaphor for something bigger. Eulogizing George Floyd, Reverend Al Sharpton used the image of the policeman’s knee on his neck as a symbol for centuries of anti-black oppression.

Each video clip of police brutalizing protesters points to a much larger system of law enforcement abuse, endemic in communities of color. I saw in my friend’s vulnerability and the scene surrounding him other meanings as well, useful for understanding our troubled society.

A galling aspect of the video is how rows of officers strut indifferently past an aged man lying still and wounded, as if dead. It made me think of the tens of thousands of elder Americans needlessly lost to Covid-19 and the callous disregard shown them by the Trump administration. Its catastrophic response to the virus has entailed the seemingly willful sacrifice of our seniors to Trump’s strongman fantasy of a virile nation. Shove the old, decrepit people out of the way. Step over them. Don’t help them. They were going to die anyway.

Covid-19 is as well an infuriating story of race, with Blacks greatly more likely to die from the virus than whites. The death of Black seniors — often in poorer health and homed in under-resourced facilities — feeds that disproportion.

The shared root of the twin crisis of Covid-19 and racism is the stunning disposability of certain lives in America, no matter its capacities and ideals. The difficult lesson of the current protest movement is to think about that failure in a new way. The police have not lapsed in their mission to serve and protect. For many communities, the police are built to dominate and abuse. Our health care system has not failed to keep us healthy. It is designed to keep only some of us healthy, while lining corporate pockets.

Martin’s abuse signals as well the perverse priorities of our current government. Among the state’s solemn obligations is to protect the lives and well-being of its people.  So too, it must protect the nation’s ideals. For America, the true meaning of “national security” must be the defense of life and liberty.  And yet, rather than tirelessly working to mitigate the virus and safeguard our freedoms, the Trump administration has declared the urgent need to rid public space of the people exercising basic rights. Like in Buffalo, police departments have gotten the message.

My last thoughts about the video are linked to the anti-torture activism Martin and I shared. In his eulogy for George Floyd, attorney Benjamin Crump named what was done to him as “torture.” It was a striking description I had not heard before. Floyd’s lynching needs no added indignity to stir our outrage. But torture has a special sting, both because of its willful cruelty and its supposed alienness to America.  

For years, we in Witness Against Torture vigorously protested what was in fact America’s systematic use of torture after 9/11. Like other human rights groups, we wanted the detained men to be subjects before the law, with basic protections and access to US courts. In our work, we did not think much about race.

Yet Black Lives Matter and other activists impressed on us an uncomfortable truth: that many of the abuses in War on Terror prisons, like solitary confinement, are routine in America’s domestic prisons, holding predominantly people of color. Access to the law, moreover, is no guarantee of justice. Sometimes the law is the problem.

We began to see torture as part of a continuum of state violence, including in its racial aspect. Almost exclusively, the victims of post-9/11 torture have been brown-skinned Muslim men, demonized with the label “terrorist.” Despite the innocence of most of the men historically held at Guantanamo, the law has been all but useless in freeing them. No one responsible for their torture has been held to legal account, including during the Obama administration. Going forward, our group sought to highlight the parallels between domestic and overseas abuses in a vast system of dehumanizing violence.

Dismantling anti-black racism is today’s urgent priority. But abuses of power crave synergies, making other causes relevant. Recall that president Trump is an avowed supporter of torture. His former lawyer John Dowd wrote a bizarre letter, tweeted out by Trump, describing the peaceful protestors cleared from Lafayette Park as “terrorists.” Trump’s own tweet branding Martin as a member of “Antifa” is of a piece with this nonsense that uses baseless fears to justify repression.

Such rhetoric makes an enemy of the American people, threatening to sic on them the tactics of the War on Terror. It seems, as yet, more a sign of desperation than strength — like heavily armored police pushing a 75-year-old man to the ground and the President lying about it. Martin will get up, god-willing, and be back on the streets. The more of us who are there, the more pitifully desperate and disarmed those opposing the tides of change will become.

Jeremy Varon – Professor of History, The New School

jvaron@aol.com

Photos by: Justin Norman, ShriekingTree.com

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Schedule – 2020 Fast for Justice: January 7-12

Fast for Justice 2020 // Film

Tentative schedule.  Please check back for updates.

Everything is at the First Trinity Lutheran Church Hostel (501 4th St NW, corner of 4th St NW and E St NW, WDC 20001) unless otherwise noted.

RSVP by emailing witnesstorture@gmail.com:  include your name, phone number and the dates you plan to be there.  

Tuesday, January 7th: 

Arrive after 2 pm at First Trinity Lutheran Church Hostel; 6 pm meal; 8 pm community circle

Wednesday, January 8th:

Fasting begins:  Fasting Information 2020

9 am: Morning circle and all day planning for WAT action, Congressional visits, and media work

2:30 pm: Leave from church for White House protest against war on Iran organized by Codepink 

6 pm: Community Dialogue

Thursday, January 9th:

9 am: Morning circle and all day action preparation, Congressional visits. 

2:30: Leave church for Demonstration at Union Station. Later proceed to US Capitol for large anti-war coalition rally.

5 pm: Exhibition: Justice for Muslims Collective poster display Shattering Justice & Re-Making the Muslim Threat (at The Festival Center, 1640 Columbia Rd NW WDC) 

 

7 pm: Evening panel: Guantanamo 18 Years Later: Witnessing and Resisting Our Carceral Society (Also at the Festival Center) Facebook event page 

Friday January 10th:

8:00 am: Pre-hearing demonstration in front of Prettyman US Courthouse, 333 Constitution Ave., NW.  **Leave church as a group at 7:30 am to head to courthouse.

9 am: Hearing (In re: Ammar Al-Baluchi) at Prettyman US Courthouse (333 Constitution Ave., NW, WDC). 

Options after the hearing:   Congressional visits or Fire Drill Friday demonstration

3:00 pm: Circle

7 pm: Until Justice, We Resist: An Evening of Music, Poetry and Political ComedyTom Neilson and Lynn Waldron (Folksingers); Gustavo Vargas and Cesar Mazat (Wayta); Frank Lopez (Peace Poets); Maha Hilal (Standup comedy) (in the First Trinity Lutheran Church sanctuary) 

Saturday January 11th:

9 am: Morning circle and preparation for rally.  James Yee will be with us for a discussion during the circle. Yee was the first Muslim chaplain, serving at Guantanamo, and author of For God and Country: Faith and Patriotism Under Fire.

WAT members should arrive at Lafayette Park at 12:30 to be ready for rally

1:00 pm: Justice Now: Close Guantanamo & End Torture Rally (Lafayette Park, in front of the White House) See CCR’s Facebook page for event livestream.  The rally will be followed by a procession to the Trump Hotel.  Mock coffins representing the men who have died at Guantanamo will lead the procession.

5:00 pm: Break the Fast Together

Sunday January 12th:

Breakfast!

9 am: Morning circle

10 am – 4 pm: Retreat (Debriefing, Planning and Enrichment led by WAT organizer Herb Geraghty of Rehumanize Intl)

Monday January 13th: The hostel space is available through Sunday night for those who want to stay over, and in the event of any arraignments on Monday morning

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Manijeh Saba Acquitted in Jan 9, 2019 Supreme Court Protest Case

Fast for Justice 2019 // Film

March 29, 2019

On March 27, U.S. District Court Judge Deborah A Robinson granted Manijeh Saba’s Motion for Judgment of Acquittal of the charge of illegally protesting on the steps of the Supreme Court on January 9, 2019. She agreed that the government failed to show that Manijeh had violated the statute by bringing into public notice a party, organization or movement.  Judge Robinson went on to explain that although she appeared as one of five holding a sign, the sign did not refer to a party, organization or movement.  The sign read, “We Target, We Torture, We Terrify: Who Are We?”  There was no mention of Guantanamo Bay on her clothing or on the sign or in the words to the song they were singing: “Know where you stand — No More War; Know where you stand and stand there!”

Manijeh’s trial began on March 6.  On March 27, she continued her cross-examination of Supreme Court Chief of Police, Jeffery Smith.  Acting as her own attorney (pro se), she asked carefully constructed questions making the point that the charged offenses, and subsequent treatment during over 24 hours in police custody, were far harsher than the defendant’s nonviolent conduct warranted.

Here is an excerpt from her cross examination of the Supreme Court Chief Of Police:

Saba: Were we orderly and peaceful? Smith: Yes

Saba: Is it true that we did not interfere with ingress or egress to the Supreme Court? Smith: Yes

Saba: Was it standard procedure to arrest me?  Smith: Yes.

Saba: Did you know they would hold me overnight? Smith: Yes.

Saba: Was it standard procedure not to have a phone call?  Smith: I can’t answer that.

Saba: Was it standard procedure not to have enough clothing? ….. My outer garments were removed and held, and when I was released from jail without any ID or money I had to find my way back to the Supreme Court without winter garments. Smith: That was transport.  I cannot speak for what happened.

When all the testimony had been presented, Manijeh delivered her Motion for Judgment of Acquittal (MJOA), a motion asking that the charges be dropped. Her statement began:

Firstly, the law is too broad, as Chief Judge Howell articulated [in Hodge v. Tarsi].  The law is intended to ensure decorum and prevent disruptive demonstrations that would prevent ingress or egress to the Court, which did not occur in this case.  Therefore, a conviction for being behind a banner on the lower steps is not in keeping with the intention of the legislature and is an improper application of this law.

Secondly, the charge is for a de minimus violation which should not result in a conviction. There is no signage to indicate that you lose your first amendment rights at the temple of justice, the very place where such rights should be protected. There was no proper warning, since the police could have easily told us that we could lawfully demonstrate just a few feet away on the sidewalk. It is not proper for the police to say that the warning is meaningful, since they say “You are in violation of Title 40″ – am I really in violation of all several hundred pages of that title of the US code?

Judge Robinson obviously understood the reasonableness of Manijeh’s MJOA and the importance of the First Amendment.  After hearing the government’s and defendant’s testimony and reviewing the videotape of the arrests and arrest photos she concluded that the government failed to offer evidence that their purpose was for assemblage or display to bring into public notice a movement.  Moreover, she stated that there was no proof that Manijeh was in a nexus with the people on the sidewalk who were protesting Guantanamo.

Afterwards Mark Goldstone, her Attorney Advisor, said, “Manijeh Saba has tirelessly advocated for First Amendment freedom of speech rights since becoming a citizen many years ago.  She spoke out non-violently on the steps of the Supreme Court.  She defended herself in Court and her voice was heard as she won an acquittal using her voice to speak truth to power.”

Manijeh’s persistence should give us hope, even in the times when we do not prevail in court. She had no idea she would be acquitted when she said in her opening statement on March 6:

I engaged in a peaceful, inspiring demonstration against unending bombing and killing of Yemenis that our government supports.  With respect to Guantanamo, I was protesting the unlawful detentions and demanding the release of five Muslim men who have been approved for release, and 32 Muslim men who shouldn’t have been detained in the first place, as determined by the courts.  I was standing on the safe public grand plaza of the Supreme Court.  I crossed no barrier or barricade.  My conduct was heartfelt and peaceful in defense of my inalienable right to speak for peace and Justice.  Therefore, it did not seem reasonable to me for the officer to stop us from speaking out peacefully by arresting us.  

Manijeh’s legal defense was expensive and although WAT has been able to contribute some from general funds, she’s still got a long way to go.  To help her, write checks out to Witness Against Torture, with “Manijeh legal defense” in the subject line and mail to:

New York Catholic Worker
Attn: Witness Against Torture
55 East Third St.
New York, NY 10003

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