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Writers Articles And Opinions |
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30 September 2010 By El-Hajj Mauri’ Saalakhan
Assalaamu Alaikum (Greetings of Peace):
A few closing thoughts of a personal
nature
I left that federal courthouse in New York feeling
like I had witnessed something truly amazing. Despite
the anticipated outcome, I felt inspired, and that a
tremendous weight had been lifted off of me. It had
just recently come to my attention earlier that same
week how much anger I had been carrying around
inside of me because of this case (and many others
like it).
That same week, following a reception with Iranian
President Ahmedinejad in New York City, I verbally
lashed out at a Muslim leader for his attempt at
defending the indefensible. In that moment I felt
nothing but contempt for him and others like him.
(“Leaders” and “Major Muslim Organizations” who failed
to issue even ONE press release, or community alert,
in defense and support of a sister like Aafia Siddiqui!)
In those moments, outside of that New York City hotel,
all of the disappointments and indignities that I had
been forced to endure over the past two years (over
this one case) came flooding over me; the doors that
were slammed in my face; the back-biting emanating
from “leaders” within my own community; the very
personal assaults that were made through my
family; the sleepless nights; the moments of
isolation; the counterproductive efforts that were
sometimes made to prevent much needed
material resource from coming our way – all of this
came flooding over me as this brother attempted
to make me feel as if I was wrong for putting
undo pressure on him and his fellow play it safe
procrastinators.
I was so angry that I felt like I could hit this
brother; and then after we left each other I felt ill
(I felt physically ill) for a while. As I
calmed down, I remembered something that President
Ahmedinejad had said in his closing remarks to all of
the Muslim leaders assembled before him: “They
want to make us angry…Don’t let them make you angry.”
It was then, in that moment, that I realized it wasn’t
just Aafia Siddiqui. The anger I felt, the anger that
had reached a boiling point with this
particular case (involving this sister), is
an anger that had been building up for years! It was a
volcanic accumulation of all of the pain, tears, anger
and frustration that I had been exposed to (and
often-times experienced) going back many
years. Aafia Siddiqui’s case was simply the one that
brought it all to a head.
Later that night, I pleaded with Almighty ALLAH (The
Beneficent, The Merciful) to help me deal with
that internalized rage…and a few days later, ALLAH
answered my prayer.
Aafia addresses the court
Aafia began by insisting she was not concerned with
her own welfare – she is content with the qadr
(or will of God), and that she is not being tortured.
She did not say she was never tortured; she
said she was not being tortured at present.
(This is an important distinction for those of us who
have followed this case closely. Who are aware that
Aafia was tortured when she was secretly held;
and are equally aware that, at minimum, Aafia
has been imprisoned in the U.S., for the past two plus
years, under conditions that clearly violate our
nation’s constitutional guarantee against “cruel and
unusual punishment.”)
Aafia accused someone by the name of Mr. Desmond (I
believe) of plotting against the United States. (This
may have been a sign of mental unbalance. ALLAH knows
best.)
She again referenced the “secret prison(s)” that she
had previously been held within; a secret imprisonment
that the U.S. government adamantly refuses to
acknowledge.
Aafia spoke about terrorists who were masquerading as
Hispanics to do America harm, and of how DNA testing
can be done to determine the “pedigree” of a person.
She also spoke about not being against all Israelis,
but that there is an element among them that are
blameworthy.
She noted at one point, in a rather light-hearted way,
that most of the teeth in her mouth were not her own,
because of the beatings she endured while she was
secretly held. She also noted how one of her doctors
had initially diagnosed Post Traumatic Stress Disorder
(PTSD), but how she was then pressured into saying
otherwise – i.e. that Aafia was schizophrenic.
Aafia testified to how – before being brought to the
U.S. - she would regurgitate to the FBI the things
that she thought they wanted to hear (a mind “game”
she called it), in the belief that by doing so she
would be able to get her children back. She
passionately emphasized that she is against all wars!
She spoke about a dream she had involving Prophet
Mohammed (peace be upon him), and she advised the
Taliban to put mercy in their hearts. She referenced
[British journalist] Yvonne Ridley’s capture and
subsequent voluntary conversion. She said in
her dream she saw the Prophet enter a room with
American soldiers who were captives of war. The
Prophet (pbuh) spoke consoling words to them. Her
advice to Muslims was to not hate American soldiers.
She also (curiously for this writer) spoke about
Israeli-Americans who had her daughter for years
and never raped her. When she said this I wondered
if this was something she had been told, or was this a
conclusion that she had come to as a sort of
psychological coping mechanism? (Surely ALLAH know
best.)
Moments later Aafia’s voice broke – and I know that
many within the main and overflow courtrooms choked up
– when she touched briefly upon the anguish
experienced by a mother who doesn’t know where her
children are.
Judge Berman Rules (or so he thinks)
Berman proceeded to outline the reasoning behind the
barbaric sentence he was about to impose on Dr. Aafia
Siddiqui. At the heart of his thinking was his stated
belief that rehabilitation for Aafia was virtually
impossible, as he proceeded to impose “enhancements”
that would significantly magnify her sentence.
1. He found that the “hate crime enhancement”
applied due to the national origin of Aafia’s alleged
victims (U.S. personnel).
2. He found that the “official victim
enhancement” applied because the alleged
intended victims were government officials.
3. He found that the “terrorism enhancement”
applied because the alleged offense was intended to
influence or punish the government. (Keep in mind,
Aafia was not officially charged with
even one terrorism count in the indictment; and yet
she received a terrorism enhancement! Berman
feebly argued that the defendant’s purpose or
intent factors into the equation.)
4. He also found that a “criminal history
enhancement” applied in the case. (I’m still
trying to figure out his twisted rationalization
behind that one.)
5. He also found that an “obstruction of
justice enhancement” applied, because Aafia gave
(in his view) false testimony during the trial.
6. Berman also found Aafia guilty of
“premeditation,” based on the claim that when
Aafia allegedly fired the M4 rifle at the agents and
soldiers in 2008, she screamed, ‘I want to kill
Americans,’ and ‘Death to America!’
Later, in an attempt to make it appear that he was
truly wrestling with what would constitute the
appropriate sentence for Aafia Siddiqui, he
rhetorically asked: Do we sentence concurrently or
consecutively?
In truth, Judge Berman exemplified nothing more than
soft-spoken, anti-Muslim, pro-prosecution bigotry;
bringing to mind (for this observer) one of the
caustic assessments that the late NY State Supreme
Court Justice Bruce Wright made about some of his
fellow jurists on the bench. (As he termed it, “Black
Robes, White Justice”)
At one point there was a rather embarrassing moment
for Judge Berman, when in response to his deliberation
over the issue of whether or not Aafia fired the M4
rifle, one of the prosecutors stood up to say
the jury did not find that Aafia fired a
weapon. The judge than clumsily remarked that he
found that she did.
After being hit with what constitutes a mandatory life
sentence (86 years), Dr. Aafia Siddiqui was the
embodiment of faith and grace. She again partially
turned toward the witnesses in the courtroom seated
behind her, and counseled the Muslims to not become
“emotional.”
At one point Aafia addressed the judge’s bias at the
conclusion of the trial (when he charged, or
instructed the empanelled jury before their
deliberations). She reminded him of how he had
emphasized to the jury that if they found that there
was a gun in the room that Aafia potentially
had access to, that they had to find her guilty on
that particular gun related count.
What came next – from a mindset of forgiveness and
mercy – would contrast sharply with the poor excuse
for a “judge,” who presumed to preside over her fate.
Aafia was clearly in a much better place, mentally
and spiritually, than were Judge Richard Berman
and his fellow persecutors, in that regrettable
process euphemistically called a court of law.
After Berman pronounced his sentence a woman in the
main courtroom, whose voice sounded familiar, hollered
SHAME! SHAME! SHAME ON THIS COURT! (I was in an
overflow courtroom observing the proceedings over a
video monitor) I later learned that the voice – which
was then threatened with removal from the court –
belonged to a committed friend, Sara Flounders, of the
International Action Center.
Judge Berman than expressed his concern about the
absence of any psychological road map to assist Aafia
in her mental health challenges; while already having
expressed his belief that: (a) she really wasn’t that
mentally unbalanced; and (b) even if she was, therapy
“would be to no avail” anyway, because she had not
been cooperative in the past. (As noted earlier, Judge
Berman alternately accepted or rejected the prospect
of mental illness whenever it suited his argument of
the moment.)
What then followed became a lesson in faith and
spiritual perseverance. Aafia counseled those present,
and those who would get the news later, not to be
angry at anyone involved in this case – not even the
judge!
“This will shock the Muslims: I love America too…I
love the whole world...”
“I am one person, and the Prophet Mohammed, peace
be upon him, forgave all of his personal enemies.
Forgive everybody in my case, please…the world is full
of injustices…and also forgive Judge Berman.”
“I don’t want any bloodshed…I want peace and to end
all wars.”
This was some of the nasiha (sincerely-given
advice/counsel) offered by this incredible, long
suffering, 38 year old Muslim woman. Berman feebly
expressed his gratitude for Aafia’s good wishes, and
said he wished all defendants were like her. (Can you
believe this?)
When Judge Berman informed the defendant of her right
to appeal his verdict, Aafia’s response was: “I
appeal to God…and he hears me.”
Thank you Aafia.
Permission is given to re-publish as is, and with
the appropriate attribution
I've been informed that an
estimated one million supporters came out for the
demonstration below (in Karachi), and not one person
was injured or killed! Al-hamdullilah (All praise
belongs to ALLAH)! - MS
El-Hajj Mauri’ Saalakhan, director of THE PEACE
Thru JUSTICE FOUNDATION, 11006 Veirs Mill Rd, STE
L-15, PMB 298, Silver Spring, MD. 20902
EsinIslam.Com
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