We are at war, and different rules apply (if we want to survive).
Moslem arab foreigners particularly need special handling.
Posted on 11/02/2001 4:42:25 AM PST by summer
Government asks court to consider Sept. 11 in professor's case
Friday, November 2, 2001
By VICKIE CHACHERE, Associated Press
TAMPA — The U.S. Justice Department is asking a federal appeals court to consider the Sept. 11 attacks when it hears the case of a professor accused of supporting terrorist groups.
The government is not alleging Mazen Al-Najjar is connected to the attacks on New York and Washington. Al-Najjar spent more than three years detained as a threat to national security although he was never charged with a crime.
In filings to the 11th Circuit Court of Appeal in Miami earlier this week, the U.S. Department of Justice references the attacks, noting recent Congressional action shows a "deference owed the Executive Branch in national security determinations and the paramount nature of this government interest."
The government will argue Nov. 8 in Miami for the appeals court to reverse a lower court's ruling that Al-Najjar's rights were violated by the use of secret evidence. That decision led to his release in December.
The Justice Department did not return calls for comment Thursday.
David Cole, who heads Al-Najjar's legal team, said it appears the government now sees the case as crucial in the intensified fight against terrorism.
The case could have implications for hundreds of immigrants who have been detained in the wake of the attacks and in the government's ongoing investigation of suspected terrorists in the United States, Cole said.
"They have a broader interest in asserting they have the constitutional authority to lock people up without showing them the evidence that supports their detention," Cole said.
"We believe their trying to address the court with the events of Sept. 11 is inflammatory and has nothing to do with the legal issues at hand," said Martin Schwartz, Al-Najjar's Tampa attorney. "It's not relevant."
Al-Najjar helped run a University of South Florida Islamic studies group and a Palestinian charity in the early 1990s. Later, the groups were connected to men involved with terrorist groups.
Al-Najjar and the groups' founder, Sami Al-Arian, have denied any ties to terrorists and have condemned the Sept. 11 attacks. They say their groups existed only to foster understanding of Middle East issues and to help care for Palestinian orphans.
The groups were disbanded following FBI raids in 1995. Two years later, Al-Najjar was detained on a visa violation, but the government blocked his request for bond saying he was a security risk.
Last year, U.S. District Judge Joan Lenard decided the Immigration and Naturalization Service violated Al-Najjar constitutional rights and ordered the immigration judge to review the case again.
In December, the immigration judge said there was not enough evidence to continue holding Al-Najjar's and then-Attorney General Janet Reno allowed his release.
Schwartz said he believes the government is trying to argue it should be allowed to use secret evidence in light of the recent attacks.
Al-Najjar and his wife, who have three American-born daughters, continue to fight their deportation. This week, the 11th Circuit denied their request for a rehearing, but attorneys said their are still other avenues for appeal, including a request the U.S. Supreme Court take the case.
Last month, Al-Arian was placed on indefinite, paid leave by USF officials who said his presence on campus in the wake of the attacks is a safety risk.
Is this one of the 83 judges that Clinton hired after firing 83 sitting judges upon his election?
Says it all. People can be held indefinitely with being charged.
We are at war, and different rules apply (if we want to survive).
Moslem arab foreigners particularly need special handling.
Is that a very difficult concept for you?
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