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U.S. Court: Arab Man’s Secret Hearings Unconstitutional

Rabih Haddad, head of the Global Relief Foundation

DETROIT, Michigan, August 27 (IslamOnline & News Agencies) - A U.S. federal appeals court Monday, August 26, ruled that the Justice Department violated the U.S. Constitution by holding closed-door immigration hearings for the head of a Muslim humanitarian organization, who was arrested after the September 11 terrorist attacks.

The Sixth Circuit Court of Appeals - upholding a lower court ruling - said the secret hearings violated the First Amendment by excluding the news media, Agence France-Presse (AFP) reported.

Circuit judge Damon Keith said the government should be required to account for its decisions to deport and exclude certain people and that national security interests would be equally well served by arguing for closed hearings on a case-by-case basis.

“The Executive Branch seeks to uproot people’s lives, outside the public eye, and behind a closed door. Democracies die behind closed doors.”

The ruling came in the case of Rabih Haddad, a Detroit-based Lebanese man who heads up an Islamic charity accused of funneling money to so-called “terrorist” organizations.

Haddad was detained in December 2001 for having overstayed his tourist visa.

He remains in custody and all his immigration proceedings have been conducted in secret in accordance with a directive issued by chief immigration judge Michael Creppy September 21, according to court papers.

The Creppy directive ordered immigration judges to close special interest cases to the press and public in the interests of national security.

But several newspapers, the Detroit Free Press among them, went to court to get access to the hearings involving Haddad, who oversaw the Bridgeview, Illinois-based charity, Global Relief Foundation Inc (GRF).

On September 12, 2001 the GRF condemned the attacks in the World Trade Center and Pentagon. Less than two weeks later, it was listed by ABC News’ Good Morning America during a live broadcast as a charity which has been closed by the United States for alleged terrorist support.

On October 4, 2001 the U.S. newspaper, the Chicago Tribune, published an article saying that closure of GRF and other Muslim charities by the US government is imminent due to alleged terrorist fundraising. 

The New York Times, Boston Globe, Associated Press, and the New York Daily News also published similarly defamatory articles.

On November 15, 2001 GRF sued the NY Times, Associated Press, ABC, Inc., New York Daily News, Boston Globe, Hearst Communications, Inc. and affiliated reporters for each of these publications in federal court in Chicago seeking $20 million in damages. 

The GRF provided emergency relief to crisis regions such as Afghanistan

On December 14, 2001 the U.S. Department of Treasury blocked GRF’s assets and records of GRF, and the FBI raids our office. The Immigration & Naturalization Service (INS) detained GRF Chairman Rabih Haddad on alleged immigration violations, even though he filed the necessary paperwork under the LIFE Act to remain in the U.S. pending his work authorization, GRF says on its website. 

NATO troops in Kosova raided the GRF office in Pristina, seized all of GRF’s files in those offices, and took into custody two of GRF’s workers, Dr. Abdulraziq and Ahmed Said. NATO troops also questioned GRF’s Albanian workers and seized its files. 

NATO later returned GRF’s Albanian and Kosovar documents and cleared its name there.

After five weeks of unlawful detention, Abdulraziq and Said were released and completely vindicated by NATO.  However, no apology was made, even though the employees were tortured, kept in awful conditions, and forced to sign statements in English and Albanian, languages neither understand, according to the GRF website.

In February 2002, GRF was informed by the U.S. Attorney for the Northern District of Illinois that neither GRF nor Chairman Rabih Haddad were targets of a criminal probe by a Chicago-based federal grand jury which continues to investigate terrorism finance. 

Earlier in June 2002, U.S. District Judge Wayne Andersen denied the preliminary injunction requested by GRF in February to unfreeze our assets and records. Immediately afterwards, GRF appealed to the 7th Circuit Court of Appeals, repeating arguments that the freeze violated numerous constitutional provisions

On their website, the GRF, which is one of the largest Muslim humanitarian organizations in the United States, says that its mission is to “to provide care, support and relief to people in need throughout the world” through emergency relief, medical aid, advancement of education, and development and social welfare.

GRF also says it is committed to the spirit of service which embraces the values of compassion, action, sound management, and community, among other things.

It has been working in crisis-stricken regions such as Bosnia, Kashmir, Turkey, Kosova, Afghanistan, Bangladesh, Chechnya, India, Ethiopia, and Macedonia.

The Global Relief Foundation conducted a blood drive last September to provide emergency aid for the victims of the disasters at the Pentagon and New York’s World Trade Center.

In a letter to their supporters, the GRF says, “Our worldwide operations, which have now been frozen for 6 months, have always been monitored by internationally-recognized standards.

“The Wall Street Journal recently reported that countries like Belgium have refused to honor the freeze of GRF, citing the Bush’s Administration’s lack of evidence,” the letter said.

“We are in the business of helping innocent victims of war, famine and other hardship. The last thing we as an entity and committed humanitarians is to create more needless victims.”

 

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