Join us in Detroit again Monday, November 10th, for the jury deliberations!  Picket at 8 AM at the courthouse on 231 W. Lafayette Blvd. in downtown Detroit.

Transportation will be provided for Chicagoans at 11:30 PM on Sunday, November 9th, at the Mosque Foundation, 7360 W. 93rd Street in Bridgeview.  You MUST email justice4rasmea@uspcn.org to confirm a spot! Help defray some of the costs of mobilizing to Detroit.

Rasmea Defense Committee statement

Contact: Hatem Abudayyeh, 773.301.4108, hatem85@yahoo.com

On the coldest morning all week, supporters gathered early outside the federal courthouse in Detroit on the final day of the trial for Rasmea Odeh.  Each day of the trial, security officers have closed the main courtroom before it was full. Today, supporters squeezed into the seats early, ensuring no one would miss the chance to stick by the beloved Palestinian community icon, on trial for allegedly gaining U.S. citizenship unlawfully because of answers she gave on her naturalization documents.  In an unnecessary attempt at intimidation, a number of U.S. Marshals and Department of Homeland Security agents were seated in front of friends and family of Rasmea, including close to twenty members of the Arab Women’s Committee that she founded in Chicago.

The morning began with a defense motion for a “directed verdict”—which basically asked the judge to throw out the case against Rasmea because the government failed to prove that Rasmea “knowingly lied” at any point in the immigration process.  Judge Gershwin Drain denied the motion, and Rasmea took the stand to continue her testimony.

There was a palpable tension when U.S. Attorney Jonathan Tukel rose to begin his cross-examination.  For more than half an hour, he tried to trip Rasmea up with questions, asking the same ones repeatedly, and often interrupting her, prompting Judge Drain to admonish him at least twice.  In spite of this, Rasmea remained calm and clear, frustrating Tukel’s attempt to undermine her credibility or trap her into misspeaking.  As a survivor of vicious Israeli physical and sexual torture, her legendary strength was in full effect in the courtroom.

Throughout the trial, Rasmea’s defense has been hindered by countless unjust rulings from Judge Drain, including his refusal to allow evidence about either the torture that forced Rasmea into a confession and a 10-year sentence as a political prisoner, or the chronic Post-Traumatic Stress Disorder (PTSD) that caused her to block out that time in her life when she answered the questions on the naturalization form.

Nevertheless, her attorneys, especially Michael Deutsch, who presented the defense’s closing arguments, convincingly explained that Rasmea never knowingly gave false information.  Her initial immigrant visa application was completed by her brother, because Rasmea could not read or write in English at the time.  The naturalization form she filled out 10 years later was unclear and the questions at issue were easily misunderstood. And in Rasmea’s citizenship interview, no one had ever asked her about arrests or convictions in other countries.  Deutsch ended with an emotional plea to the jury: “The bird of justice, truth, redemption is in your hands – you can drop it, crush it into dust, or let it soar above the clouds.”

While we are hopeful this legal defense is enough to win over the jury, we also know that the government’s case, an immigration charge, is nothing but a pretext. Rasmea is under attack because she is Palestinian, Arab, and Muslim; because U.S. law enforcement is going after our successful Boycott Divestment Sanctions (BDS) movement against Israeli apartheid; and because she embodies the proud and steadfast Palestinian struggle for self-determination, liberation, and the Right of Return.

As the jury begins deliberations on Monday, Rasmea’s supporters will be there as well, to hear the verdict and to rally with her.  Join us at 8 AM Eastern Standard Time at the federal courthouse in downtown Detroit, 231 W. Lafayette Blvd.  Another large delegation of Chicagoans are returning to Rasmea’s side after the weekend, emboldened by her thank you speech after the trial: “I [tried] to be…strong and to [re]present the Palestinians and every one of you here in a strong way.  It’s very important Monday [for] all of us here to say ‘yes, we are together, and we are fight[ing] for our rights.”

Stay tuned to uspcn.org and stopfbi.net for more information about transportation from Chicago and other cities.

Rasmea’s supporters packed the courtroom in anticipation of her taking the stand, but the day began first with the continued testimony and cross examination of U.S. Citizenship and Immigration Services (USCIS) Agent Douglas Scott Pierce. Under cross by defense attorney Jim Fennerty, Pierce revealed that in a previous case, he had testified that the questions on the naturalization forms can be “confusing,” especially for those who do not have fluency in the English language, and also acknowledged that older forms previously asked specifically about crimes, arrests, imprisonment, etc., “inside the United States.”

This helped set the stage for Rasmea’s argument that she had always believed that the questions she is accused of answering falsely were asking about her time in the U.S., not Palestine.  After additional testimony from Jennifer Williams, the immigration officer who actually interviewed Rasmea back in 2004, and from a fingerprint expert, the prosecution rested its case.

Lead defense attorney Michael Deutsch then called University of Illinois-Chicago (UIC) professor Nadine Naber as his first witness.  Naber, who is a leading scholar on Arab women and women of color in general, first met Rasmea back in 2006, and testified to their work together, describing how Rasmea’s organizing has changed the lives of hundreds of Arab immigrant women by creating a space for them to face the collective challenges they experience.  Her testimony spoke to the character of Rasmea as a truthful person and mentor for her community.

Before Rasmea was called as the next witness, Judge Drain excused the jury to advise her and Deutsch on his previous rulings, reinforcing his restrictions on her testimony.  He told them that she would not be able to speak about Israeli torture, stating that he did not want to “retry the case” of 1969.  Rasmea responded firmly, “It’s my life, I have a right to talk about the things that happened to me!” Judge Drain refused to accede, restating that testimony referring to torture or her forced confession was inadmissible, and that if she violated his orders there would be consequences.

Nonetheless, Rasmea delivered heartfelt testimony that left the entire courtroom, as well as the overflow courtroom where dozens more were seated, in tears.  She recounted her life story, one filled with tragedy and resilience, beginning with the Nakba, the “Catastrophe,” what Palestinians call the founding of the state of Israel in 1948, when 750,000 Palestinians were driven out of their homes.  Rasmea and her family also lost their land and home in 1948, and were forced to live as refugees in a tent before making their way to Ramallah, where they lived at the time of the 1967 Israeli war and occupation of the West Bank, Jerusalem, and Gaza.

Then Rasmea told the jury about the Israeli raid on her home in 1969, when she was arrested along with her father and sisters. More than 500 Palestinians were swept up in mass arrests by Israel at the same time, and she broke down in tears when she recalled how the events of that night traumatized her sister to the point of an early death.

Although Rasmea was barred from testifying about the torture, she did tell the court that she spent 45 days in an interrogation center.  Prosecutor Jonathan Tukel objected, and Judge Drain sustained the objection, reprimanding her.  Deutsch then asked her if she was convicted, and Rasmea answered, “They convicted me falsely.” Again, the government objected and again the judge sustained the objection.

Later, Deutsch asked, “Did you try to escape?” in reference to one of Israel’s charges that the government has highlighted in this case.  Rasmea answered boldly, “Of course, any political prisoner [would] try to escape!”  While supporters in the overflow courtroom applauded this answer, the main courtroom heard another objection from Tukel.  The judge sided with the government once more, and struck the political prisoner reference from the record.

The testimony continued with Rasmea describing her immigration to the United States, where she moved to care for her ailing father. When asked about the 1994 application for permanent residency filed in Jordan, she explained that all the answers on that form came from her brother. From the U.S., he had sent her a sample form, and she was to copy what he had written on the sample.  “I couldn’t read [English], and I trust my brother. I didn’t read anything, I just copied [what] my brother said.”

When Deutsch asked about her responses on the 2004 application for naturalization, and why she had responded “NO” to questions about whether she had been arrested, convicted or imprisoned, she explained that these questions followed directly three previous ones that asked explicitly about the U.S.  “When I continued, my understanding was [that these questions were also] about the U.S., so I continued to say no.”

Deutsch later asked what she would have done if she had understood that the questions were intended to address imprisonment outside the U.S. as well.  She answered, “If I knew it was about Israel, I would have said… It’s not a secret that I’ve been in jail. Even the embassy knows.”  The U.S. embassy in Israel had become involved in the initial arrests because her father was a U.S. citizen at the time.

Rasmea will continue her testimony tomorrow, and after cross-examination by the government, both sides will make their closing arguments. The jury is not expected to begin deliberation until Monday, which is the earliest a verdict is expected.

Some 70 supporters were in the courtrooms today. Inspired by Rasmea’s incredible testimony, many are rearranging their plans to stay for Friday, and into Monday. Organizers in Detroit are scrambling to ensure housing and transportation for those who are extending their stay, and to prepare for the additional people arriving each day to join the fight for justice for Rasmea.

uspcn.org

stopfbi.net

Opening statements were made today in the trial of Rasmea Odeh, beloved leader of Chicago’s Palestinian community, and the first witnesses for the prosecution were called to the stand. Again, supporters from across the Midwest packed the courtroom, with many filing into an overflow room.

Assistant US Attorney Mark Jebson opened for the prosecution, laying out the government’s case. According to him, Rasmea should be found guilty of immigration fraud for her failure to disclose the 1970 conviction by Israel. Lead defense attorney, Michael Deutsch, hit back hard with an opening statement that began, “Odeh was convicted by a military court that was occupying Palestinian land. [With] judges who are soldiers… Rasmea Odeh embodies the history of the Palestinian people.”

He continued by tracing her story, from the 1948 loss of the family home and land to Israeli soldiers and settlers when she was just a year old, to additional personal losses in the 1967 war, to 1969, when Rasmea was one of 500 people arrested by the Israeli military in a massive, indiscriminate sweep. Though he was barred by the judge’s rulings from mentioning torture, he told the jury that after her arrest, Rasmea was interrogated for weeks. “Use your imagination about what ‘interrogation for weeks’ means.” The prosecution quickly objected and Judge Drain sustained the objection.

Deutsch added, “Rasmea is respected, honored, and revered. You will see her honesty and integrity when she testifies. In 2004, she applied; in 2013, they suddenly charged her. Ask yourself why. Ask yourself why they are bringing this case nine years later.” Again, the prosecution objected, and again Judge Drain sustained.

In the end, Deutsch urged the jury to remain independent, “use your sense of justice, and find [Rasmea] not guilty.”

After a short break, the prosecution called its first witness, Department of Homeland Security special agent Stephen Webber.  He testified to initiating and leading the investigation against Rasmea since 2010.  The clearly rehearsed testimony quickly changed, however, when Deutsch began his cross-examination.  A previously calm and relaxed Webber began to sweat and shift nervously in his seat as Deutsch had him admit that he had worked with the prosecution to build the case against Rasmea, including traveling to O’Hare Airport to secretly record an interrogation of her as she returned to the U.S. from Palestine.

A record of the interview reveals that Webber lied to Rasmea, and claimed he was questioning her because he had a genuine interest in learning more about the conflict between Palestine and Israel.  In reality, he was trying to entrap her, repeatedly asking whether she had been imprisoned in Israel, to which she replied more than once, “No, please, I don’t want to talk about it.”

Two additional witnesses gave testimony after Webber.  Raymond Clore, a State Department functionary, and Douglas Scott Pierce of the US Citizenship and Immigration Service (USCIS), both spoke in general terms about the immigration and citizenship application process. In cross-examination, Deutsch weakened the case against Rasmea—pointing out that her initial immigration application did not include a sworn statement with Rasmea’s signature, and that standard USCIS procedures only investigate an applicant’s criminal record inside the United States.

At several points during the questioning, Deutsch emphasized that the questions on the applications that Rasmea filed do not directly ask about crimes outside the United States.  And after dismissing the jury for the day, Judge Drain denied yet another defense motion, which sought to introduce an earlier version of the application. That early 90s naturalization form explicitly asks “inside or outside the US” when attempting to assess if someone had ever been arrested, convicted, or imprisoned.

The defense confirmed that Rasmea will be called to testify on her own behalf after the prosecution closes its case. This could be as early as Thursday afternoon, and promises to be powerful.  Dozens of additional supporters plan to be in Detroit to hear her tell her story to the jury.

The Rasmea Defense Committee has organized people from across the Midwest to pack the courtroom throughout the trial, and more are still pouring in. Each day of the trial, supporters will rally from 8-8:15 a.m. and again after adjournment at 1 p.m.  For more information and background on Rasmea Odeh’s case, go to http://www.uspcn.org,http://www.stopfbi.net, Facebook, and #Justice4Rasmea.

See also:

Pics from today’s support rally

Electronic Intifada on court today

PalestineinAmerica.com covering the trial

Fight Back News coverage

National Lawyers Guild press release

The following op-ed, by former US political prisoner, feminist scholar, and Black movement leader Angela Davis, appeared in the Detroit News of November 4, 2014:

Free Rasmea Odeh, Political Prisoner by Angela Davis

Rasmea Odeh is fighting for her citizenship and for her freedom. She is scheduled to appear in federal court in Detroit today on charges of “unlawful procurement of naturalization.”

As her supporters emphasize, her arrest and prosecution are politically motivated and are clearly designed to disrupt the Chicago Palestine human rights community.

In the early morning hours of Oct. 22, 2013, Homeland Security agents arrested the 67-year-old Odeh, an American of Palestinian origin, at her home in the suburbs of Chicago.

On the same morning she was indicted in federal court, based on responses to questions posed on a 10-year-old naturalization application. Odeh has been an American citizen for the last decade.

Only now, when the Chicago activist community has effectively raised awareness of Israel’s apartheid system and its violation of international laws, have immigration authorities decided to challenge her status as a citizen. In light of success of the Boycott, Sanctions and Divestment campaign, this case reeks of political payback.

Federal authorities allege that Odeh did not disclose her arrest in Palestine 45 years ago by an Israeli military court, an institution that has a long record of human rights violations.

At that time of her arrest, Odeh was forced into a confession while being subjected to physical and sexual torture, some of it perpetrated in front of her now deceased father.

Odeh never committed a crime, and her arrest and conviction by an Israeli military court was unlawful.

Odeh is not the only Chicago activist who has been targeted in the recent period. In 2010 anti-war activists — several from the Chicago area — were subpoenaed to testify before a grand jury about their support of Palestinians and Colombians.

It is revealing that Assistant U.S. Attorney Barry Jonas, who is leading the investigation of the 23 activists, was in the courtroom on the morning Odeh was arrested, actively consulting with the assistant U.S. attorney who presented her case.

Jonas has an even longer history of targeting Palestinians. He was the prosecutor in the case of the Holy Land Five, who were the heads of the largest Muslim charity in the U.S. before 9/11. He succeeded in getting inordinately long prison sentences for the five men, who provided charity to children in Gaza.

The conviction of the Holy Land Five was based on “secret evidence,” withheld from the defense and on the testimony of Israeli witnesses in disguise.

Targeting 67-year-old Odeh at this point, 10 years after she received her citizenship, appears to be retaliation for the growing successes of the Palestine solidarity movement. Her case is being tried in federal court instead of immigration court, where such cases are normally heard.

She faces 10 years in prison as well as the revocation of her citizenship and deportation.

For decades, Odeh has been an upright and contributing member of her community.

She has worked with the Chicago-based Arab American Action Network, an advocacy and social service agency, supervising programs and coordinating its Arab Women’s Committee, a 600-member group that actively defends civil liberties and immigrant rights.

Targeting a person who has been such an active proponent for positive change is a serious setback for civil rights and militates against democracy and justice.

The time has come for progressive people to demand that Barry Jonas and the U.S. Attorney’s Offices in Chicago and Detroit cease their witch hunts of the Palestine solidarity communities and end political prosecutions, which undermine the constitutionally protected right to dissent.

As a person with first-hand knowledge of the devastation wrought by politically motivated prosecutions — during the era of COINTELPRO, I was falsely charged with three capital offenses — I see Rasmea Odeh’s case as a continuation of the embarrassing history of decades of suppression of social justice activists in the U.S.

The courts are being used to retaliate against Palestinian activism. As many people in Chicago and Detroit once joined the call to “Free Angela Davis,” I hope they will now join the campaign to “Free Rasmea Odeh.”

Angela Davis is a renowned activist and distinguished professor emerita of History of Consciousness and Feminist Studies at the University of California Santa Cruz.