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Odeh Not Given Full and Fair Trial, Found Guilty in Jury Verdict

By Becca Hanna

Palestinian-American activist Rasmea Odeh was found guilty this morning of “Unlawful Procurement of Naturalization” stemming from questions she answered on immigration documents a decade ago.rasmea_0

Odeh, a 67 year old community organizer with Arab American Action Network (AAAN) in Chicago, was arrested in her home on October 22, 2013 by Department of Homeland Security agents. She was charged with omitting information about a prior conviction on her naturalization documents.

That conviction was a 1969 decision by an Israeli Military Court indicting Odeh for alleged involvment with Popular Front for the Liberation of Palestine (PFLP), accusing her of direct involvement in a bombing of the British Consulate in Jerusalem.

Odeh was arrested in a 1969 and jailed in an Israeli prison where she was brutally tortured and abused until she finally confessed to the bombings. At trial, Odeh immediately recanted her confession given under torture, but was sentenced to life in prison by the all military court.

Odeh served 10 years before her sentence was commuted in a prisoner exchange with the PFLP. Odeh eventually made her way to Jordan where she became a lawyer, then came to the United States in 1994 to care for her ailing father.

Odeh has lived and worked in the United States since then, committing herself particularly to organizing Arab-American women in the greater Chicago area. Odeh has widely been recognized as an exemplary community leader, even garnering praise for the Chicago Cultural Alliance as such in 2013.

Odeh with Ali Abunimah shortly before the verdict was announced today.

Odeh with Ali Abunimah shortly before the verdict was announced today.

Censorship in Pre-trial Motions

The arrest and subsequent trial of Rasmea Odeh has been legally questionable from the start. The Committee to Stop FBI Repression among others, argue that the discrepancy on the naturalization application was purposefully sought out in an effort to jail activist by any means necessary,

Odeh is a member of a prominent Arab-American community which garnered national attention after a 2010 FBI raid on 14 activist’s homes. Though none of those subpoenad activists have yet been jailed, Stopfbi.net called the raids and subsequent grand jury indictments a “witch hunt” for pro-Arab activists.

The injustices, for Odeh, did not stop there.

Early on in her trial process, Odeh met many barriers to a full and fair trail, starting with inadequate representation, and ending with censorship of her own testimony.

In a criticized evedentiary hearing, Eastern Michigan District Judge Gershwin Drain ruled that evidence that Odeh was tortured in Israeli custody and forced into a confession was inadmissable . Though Justice Drain said the court was “sympathetic” to the story of Odeh’s torture and admitted that there is truth in her accusation of torture, he claimed that the torture had already been tried in 1969 and he was not looking to “rehash” the previous trial.

Rasmea’s lawyers intended to use her admission under torture, immediate recantation and subsequent diagnosis of PTSD to build a case for the omission of the conviction being due to Odeh’s intense trauma surrounding the confession.

In his ruling, Justice Drain also alluded to a 1998 treaty between the United States and Israel ”on mutual assistance in criminal matters.”

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This treaty effectively binds the United States to honor any decisions made by the Israeli courts, and promises legal assistance in prosecuting anyone that the Israeli Government sees fit to prosecute.

This treaty was the ultimate reason for Judge Drain’s refusal to allow Odeh’s testimony: a pact with the Israeli Government.

Odeh’s defense also tried to get the court to throw out the trial on the grounds that the information gathered about Odeh was gathered from illegal investigation into the Arab American Action Network’s activities, and was a politcally motivated attempt to abuse the criminal justice system to jail activists doing politicized work. The court sided with the prosecution on this motion as well, denying it outright.

While Odeh did win a small victory with a motion to exlude the battery of charges brought against Odeh by the Israeli courts in favor of focusing on just the bombing indictment, the defense’s entire case was gutted by the evidentiary ruling barring the torture allegations. The jurors for the case would not be able to hear anything about how the confession was obtained by the Israeli Military. Further, the judge granted the prosecution’s motion for a jury sequester, assuring that the jurors would not see any signs of protest outside of the courthouse by picking them up from an unspecified location and bringing them in a different entrance. Screen Shot 2014-11-05 at 12.39.07 PM

The Trial

At trial, the prosecution worked to paint Odeh as a convicted and dangerous terrorist who omitted information about her previous arrests to unlawfully gain access to the United States and further her political agenda.

Putting Odeh’s story into context, defense attorney Michael Deutsch used his opening statements to tell the story of Rasmea’s family’s loss of their home and land in 1948 and the indiscriminant sweep of arrests in 1969 that put Odeh in jail where she would eventually be “interrogated for weeks.” Deutsch spoke of the Nakbah and Israeli Occupation of Palestinian land, telling the jury that Odeh “embodies the history of the Palestinian People.”

During the trial, the defense was able to show that Odeh was questioned in 2010 by a Homeland Security Officer who lied about his interest in the Israeli-Palestinian conflict to get Odeh to talk about her recent trip to Palestine. Deutsch showed that the original immigration documentation was never signed by Odeh, that the immigration official who went through the naturalization questions with Rasmea in 2004 never asked Odeh about the questions involving previous convictions, and that the paperwork itself is confusing — asking questions meant about convictions in the U.S. and abroad after asking a series of U.S. focused questions.

When Odeh finally took the stand herself on Thursday, she bravely told the story of her life, hinting at, but omitting the torture she endured in Israeli prison at the threat of being held in contempt by the Judge. “It’s my life,” she told the judge, “I have a right to talk about the things that happened to me!”

The prosecution vigerously cross-examined Odeh, trying to trap her into misspeaking, but she stayed strong, asserting her innocence and giving careful explanations about her conduct.

The trial ended on Friday with the jury taking 15 minutes for deliberation before adjourning for the weekend.

This morning, after less than 2 hours of deliberation the jury returned a unanimous guilty verdict, likely sending Odeh to jail and putting her citizenship in danger. Judge Drain, in a rare move, praised the jury for their decision.

After the ruling, in usual Rasmea Odeh form, the activist addressed her supporters outside of the Detroit Couthouse saying, “Someday we’ll find fairness, some place in the world. If we didn’t get justice now, we will get it later.”

Odeh is set to appear before the judge for sentencing at 2PM CST.

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Been to Israel/Palestine lately? The FBI may come knocking on your door.

By the time she was in high school, Sarah Smith had already been named one of the 100 most influential women in Chicago by Chicago’s business magazine, Crain’s. Now Smith, who happens to be Jewish, has been subpoenaed by the FBI to appear before a grand jury on January 25 to explain her trip to Israel-Palestine with two Palestinian women friends. (As terrifying as this whole episode is for everyone involved, it says something about Palestinian safety that only Smith has come forward publicly.) All three young Chicago residents have been subpoenaed, joining ranks with 14 other peace activists from the Midwest who have been similarly targeted in recent months.

Here is Sarah Smith’s full statement from a December 6 press conference:

Friday morning, December 3, I received a phone call from an FBI agent. He asked if I had about 30 minutes to sit down and speak with him so he could ask me some questions. I asked about what and he said he “was not at liberty to discuss it.” I then asked if I needed a lawyer present and he said it was up to me but that I was not in any trouble and that they just had a few questions.

I felt something suspicious about him telling me he wanted to ask me some questions, but he would not tell me what these questions were. So I said that I had to consult a lawyer and check my schedule and that I would get back to him. I reiterated that it would be easier for me to meet him if I knew why an FBI agent wanted to sit down with me. He then said that it had to deal with the trip I took this summer. He then emphasized, “I think you know which one I’m talking about.”

The trip I took last summer was to Israel and Palestine. I am Jewish and wanted to see first hand what life is like for Israelis and Palestinians. If I went on the standard tour to Israel, I would not be shown how Palestinians live. So I went on a tour that showed me both worlds, Israel, and the Israeli occupied Palestinian West Bank. I went with 2 Palestinian-American friends. You would think Jews and Palestinians going together to visit Israel and Palestine is something the U.S. government would encourage.

Instead, we are now being ordered by the FBI to go before a Grand Jury for going on that trip. The US government says it supports peace between Israel and Palestine. It says it supports separate Israeli and Palestinian states.

So why does the FBI investigate us because we went to see the Palestinian land? Top US government leaders meet with Palestinian leaders, so why does the FBI investigate us because we talked to average Palestinians on the street?

I went there so I could make up my own mind and talk about what I saw. It seems to me our government wants to hide what Israel is doing to Palestinians. I would like to thank the Committee Against Political Repression for standing up for me and my friends. You can learn about case at stopFBI.net, and please make a donation there. Or you can make a donation for our legal expenses: to NLG Foundation, memo line: FBI raids and mail it to Sarah Smith, 2961 S. Bonaparte, Chicago, IL 60608

Smith’s father, Stan Smith,  added “I think Patrick Fitzgerald, the US District Attorney, Robert Parker of the FBI need to see my daughter and her friends and apologize to them. And I think President Obama, who was elected in 2008 because he said he would stop this sort of thing, should make a point on his next trip to Chicago to personally apologize to my daughter and her friends for how his government is intimidating them.”

Meanwhile, there are actions across the country to protest this crackdown on peace activists (sign the petition here). Firedoglake’s Kevin Gosztola has this report:

The hunting down of activists began on September 24th when the FBI raided homes and offices of activists from Minneapolis and Chicago. Computers, phones, documents and other personal items were seized and the FBI officially subpoenaed 14 activists to appear before a Grand Jury. The FBI began to contact members of the “peace community” and ask them what they knew about the subpoenaed activists’ “material support for terrorism.”

The attorneys representing the activists have noted “the current definition of “material support’ can cover just about anything, like providing humanitarian aid that ends up in the hands of a group tagged as ‘terrorist’ by the US government, or posting a link to an informational website. The implications of this law, as it is being used, are troubling to anyone who does community organizing, or anyone who does journalistic reporting or academic research on wars, conflicts or controversial movements.”

Months later, the activists in Minneapolis and Chicago have not been charged with a crime, but they continue to face possible jail time if they refuse to go before a Grand Jury and participate in this “witch hunt.” They have yet to have their belongings, which were seized by the FBI, returned.

Democracy anyone?

December 3, 2010 press conference

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