Defending Rule Of Law at GTMO

Talat Gilani Hamdani: Defending The Rule Of Law at GTMO

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Defending The Rule Of Law at GTMO
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I had the opportunity to visit JTF-GTMO as a 911 victims family member with four other victims family members. The event was very well planned and well orchestrated by the Department of Defense and Department of Justice. The very fact that 9/21 was Eid-ul-Fitir, Muslims Ramadan Feast, shows the insensitivity of the two departments to the Muslim faith.The other four victims families had a family member as their emotional support. Since my husband, Saleem Hamdani has passed away and I did not want to subject my other children to the trauma and emotional roller coaster of reliving 911, I went alone. We were warned afore hand about the unpredictability of how the hearing will play out in the light of the continuance of 6o days a ordered by the Obama administration, I knew nothing will happen. Yet it was of utmost importance to me to participate and get invoveld with the issue. So, my journey started on chand raat, the eve on Eid. I joined the group at Andrews AFB on 9/2 at 7 A.M. The DOD military prosecutors and DOJ legal team presented their case as solid against the five 911 perpretators. The family members were directed to introduce themselves. Mrs. Hanson blamed the Muslim world and accused them of being terrorsits. She, like all the rest of us, have mutual loss and anger. However, what the other victims families did not experience is the post 911 suspicion cast on the American Muslims, and that is exactly why I went: to make them aware of their narrow mindedness and how all Muslim Americans should not be discriminated and labeled as terrorists because of their faith. This is religious discrimination and not acceptable and a law suite can be filed against anyone who says so, under the PATRIOT ACT.Once on the base at GTMO, I was isolated from the group and the only time I mingled with the rest of them was at meal times, tours, hearing and the press conference. Oddly enough,the statements these family members were making were very similar or exactly the same as those of the DOD. Maybe they were indoctrinated.The hearing itslef was a show because we were there. Nothing transpired since Judge Henley had already that day, at 11:00 A.M. ordered the continuance of 60 days.None of the five defendants opposed to the continuance nor did they want to appear in the court. There was a conflict on display between the judge and prosecutor Swann. According to Judge Henley, he has requested three times for certain documents and he asked why has the prosecution team not honored his request as yet. Mr. Swann responded he has submitted them to the clerk. The second argument was why have the defendants not been provided with a tranlsation of the previous hearings in their Arabic language. Prosecutor Hanson's answer was they all speak English, and denied the request for translation, and was directed to submit translations in Arabic to the defendants. Prosecutor Swann wanted to have the pro say hearing to continue,and when reminded by the judge that the prosecution had earlier agreed to defer for 60 days, and that this is contradictory, Mr. Swann agreed to defer. The issue of classified discovery was not resloved. Judge Henley asked whether the prosecution team intends to release the documents on or befor November 16, 2009, the date Obama administration is to come out with their decision as to which cases will be assigned to military commissions or federal courts, Mr. Swann replied: we intend to submit the documents on or after November 17, 2009.DOJ Col. Murphy stated the cases should be tried in military commisssions and get it over with. In federal courts, it will take 3 to 4 years again. Mr. Murphy also advocated military commissions trials since we are at war and the law of war offense is applicable. He further stated current evidence is more conducive to military trials becaause voluntary statements given by defendants need not be preceded by miranda rights. In a federl court, no evidence is admissable if it is not preceded by miranda rights. In other words, justice is not their top priority. Just convicting them without justice seemed to be appropriate. Murphy also went on to say that declassifying clssified information gathered in collusion with foreign nations pits foreign nations with US government. Furthermore, heresay evidence is admissable in military courts.A press conference was held at 2 P.M. Everyone, DOD, DOJ and the other victims families advocated military courts. I advocated the Rule of Law and tried to show how the American Muslims have been subjected to discrimination in post 911 era. Finally, Col. Murphy addressed and stated he is waiting to get directions from the Obama administration and will honor them.We had a lovely BBQ in the evening, where I met all the teams and explained I had to state my opinion. They were very accomodating and understanding towards me. They expressed admiration for me being very articulate and I think I did make a humane impact on some of them, if not all. After all, as I said in my press satetment, Justice is not about emotions.Justice is about facts and evidence. It is imperative for our moral standing in the world that we prosecute the criminals according to our laws, which have served this great nation for the last 230 years. To grant these terrorists the stature of a soldier would be degrading and humilating our soldiers. The Rule of Law has to prevail.

U.S. Seeking 3rd Delay on Guantánamo Cases - NYTimes.com

U.S. Seeking 3rd Delay on Guantánamo Cases - NYTimes.com: "U.S. Seeking"


This third delay request shows two very important facts. First, that GTMO is an extremely difficult situation since it walks the fine line between justice, rule of law, human rights and our moral standing in the world. Secondly, President Obama is making every possible effort to deliver justice while keeping secure our freedom. A very daunting task inherited from the prevcious administration.
However, I hope this third delay would be the final one and while by January 2010, the new administration will hand down a policy based on justice and the rule of law.

The Eighth Anniversary of 911

The day fell in Ramadan on a Friday. It rained all day. The media had descended upon NY city like vultures five days preceding the anniversary. All of them were looking out for a victim's family member who was willing to go on live from ground zero in the wee morning hours and put out their sad story.

What the media and society fails to understand is that for those who lost their loved ones, every day is a 911 for them. We make constant effort every single moment to live with the loss, the sense of immense grief, a vacuum in which a cycle of thoughts keep circling like a merry go round, without any beginning or end. The questions breeze through the recesses of the consciousness without any awareness, and without any answers. Every moment we make an effort to smile and keep our pain to ourselves.

If the world wants to pay tribute to the lives lost, honor them with community service. The words expressed that day by President Obama and VP Biden cut your soul. Their words show true compassion because they have been there and know what it is to lose a loved one. The best tribute to 911 is the declaration of the day as a day of Remembrance and Community Service. This is how we honor the legacy of all those who died that day.
Love you very much and miss you my son, Salman.

Special Prosecutor Appointed

The nation is relieved by AG Eric Holder's decision to go ahead and appoint a special proseccutor, John Durham, to spearhead a preliminary investigation into a dozen cases of abuse and torture. It is a start and with time, we will discover who gave the green light.

This decision will go a long way to show the world what America is all about: Liberty and Justice for all. Some Republicans do not agree with this decison, calling it a witch hunt and waste of tax payer dollars. To them my response is:

No dollar amount is large to redeem America's moral standing in the world.

Senator Leahy and Congessman Kucinich Bravado! The people are with you.
AG Eric Holder: The decison was hard and nerve wrecking, but it was the right decision.
I can sleep peacefully tonight. A big burden seems to have been lifted since it felt to me all this was being done in the name of my son, Salman.
Follow the path of Justice and you will never regret.

Dear President Obama:

As the leader of the free world, it is not only you duty but moral obligation to your Lord to not deny the pursuit of Life, Liberty and Justice to any single human being.In one of your speeches, you expressed to do unto others as you want done unto you. Wouldn't you like to defend yourself if caught in such a situation? Worse, if Malia or Sasha were in such a predicament, what would you want for them?As President of US, please use the executive order privilege not to detain people indefinitely.On the contrary, it will do justice to America if the executive order is issued to allow every single detainee a day in court to defend themselves and not indefinite detention.The means have to justify the end and not vice versa. How can you expect to deliver justice if you take the right to defend oneself?God Almighty has given you a chance to deliver this nation and humanity at large from oppression, incarceration and injustice.As MLK siad: The arc of moral universe is long, but it bends towards justice.I pray you are the person chosen to deliver justice to the world.In peace and justice.
Talat G. HamdaniMother ofMohammad Salman HamdaniNYPD Cadet, WTC II

Indefinite Detention of America's Values

How can a nation justify indefinite detention? Isn't that why democratic nations condemn dictators? Yet America has done just that, along with other nations complicit to this injustice, and The United Nations has just stood on the side lines as a spectator.

Why the need to detain people indefinitely without due process, without disclosing the identity of these persons and without notification of the same to the detainees' families? Americans should give it very intense thought, because today,the law is applicable to "others." Tomorrow, it will be applicable to all of you. This is the doing of the Patriot Act, which expires end of the year.

America needs to wake up from her deep slumber and have a debate on this issue before it is too late. It is not the dentention of persons; it is the detention of American Values: Liberty, Justice.

GITMO, America's Shame

I had the opportunity to attend DOJ's meeting with the 911 victims famiies at the Justie Department in DC on 6/16/09. There were approximately 35 participants. The general sense I got from listening to them was of anger, revenge, and kill the damn detainees whoever they are, Yemen or Saudi; America is the most powerful nation, we should not be apologizing, we are at war and GITMO is a good faciity. There was a push for Military Tribunals and Mr. Olsen also seemed to agree with them.

AG Eric Holder joined us and offered his condolences, appreciated the families' activism, but maintained firmly that GITMO will be closed as of January 2010, pursuant to President Obama's executive order. He went to further explain that it is imperative we take this action to redeem our lost dignity and respect by following the rule of law.

America stands in violation of international law of huan rights, which is epitomized by GITMO. How can we legitimize advocacy of Freedom, Liberty and Democracy when we have GITMO where people have been detained since 9/11/2001, in communicado, without any charge? There are detainees who were picked up when they were 14 years old. Many have been turned in for a bounty of $ 5 M offered by the Bush administration to legitimize the immoral war on terror. 100% of the detainees are Muslim, majority of Arab race.

Mr. Olsen is a biased person and should not be heading the Task Force. These meeting have been occuring on an annual basis since 2002 and I had always applied to participate. I was always told it is a lottery and sorry for not been selected. This year I demanded my seat at the table as the mother of 911 victim: Mohammad Salman Hamdani. What my family has endured since 911, neds to be brought to light, and through this blog I will make my attempt to change the current path of revenge to one of Justice.