Report on Three Days of Trial for Palestinian American Community Activist: Rasmea Takes the Stand!
Issued by the Rasmea Odeh Defense Committee and the Committee to Stop FBI Repression
www.stopfbi.net
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
Trial Day 2: Defense opens with scathing indictment of Israel
Published on Wed, 2014-11-05 21:11
Trial Day 2: Defense opens with scathing indictment of Israel; cross examination exposes holes in prosecution of Palestinian American activist Rasmea Odeh
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.
First Day of Rasmea Odeh Trial
Ninety supporters of Palestinian community leader Rasmea Odeh filled an overflow courtroom today for the beginning of her trial in Detroit, MI. They came from Chicago, Minneapolis, Grand Rapids, Ohio, Milwaukee, Ann Arbor, Dearborn, and Detroit, and were barred from the main courtroom because dozens of potential jurors were seated there. The proceedings began with defense attorney Michael Deutsch asking Judge Gershwin Drain to reconsider his decision not to allow Rasmea to testify about the vicious physical and sexual torture she experienced at the hands of the Israeli military. Judge Drain refused to change his mind, guaranteeing that when she takes the stand Rasmea will not be free to tell her full story.
The jury selection followed, with 32 potential jurors taking seats in front of the attorneys for questioning. Supporters were surprised to notice that an overwhelming majority of potential jurors were white, even in a downtown Detroit courthouse in Wayne County, where local residents are mostly Black and Arab. Many of the jurors stated that they were from Oakland County, where the population is over 77% white. Judge Drain asked questions of all the potential jurors, including some that were submitted by the prosecution and defense, respectively. They were asked if they had heard about the case the news, and also screened for potential bias, with questions posed as to whether they held any negative beliefs about Palestinians or Muslims.
After the jury was selected, Rasmea’s supporters gathered outside the courthouse for a rally and march to the federal building. Chanting “DOJ Let’s Be Clear, Rasmea is Welcome Here!” the supporters also heard statements from Frank Chapman of the National Alliance Against Racist and Political Repression, Jess Sundin of the Rasmea Defense Committee, and representatives of Students for Justice in Palestine from the University of Wisconsin at Milwaukee and Kenyon College in Gambier, OH.
Supporters of Rasmea recommitted to rally outside the courthouse at 8am and enter together every day this week. Tomorrow, after opening statements, the prosecution will begin to call its witnesses, including agents from Immigration and Customs Enforcement (ICE), the Department of the Homeland Security, and the State Department. In response to this we continue our call to all supporters of Rasmea to pack the Courtroom every day of her trial!
 |
| Demonstration in support of Rasmea Odeh on July 31, 2014 in downtown Detroit. |
www.stopfbi.net
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
Trial Day 2: Defense opens with scathing indictment of Israel
Published on Wed, 2014-11-05 21:11
Trial Day 2: Defense opens with scathing indictment of Israel; cross examination exposes holes in prosecution of Palestinian American activist Rasmea Odeh
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.
First Day of Rasmea Odeh Trial
Ninety supporters of Palestinian community leader Rasmea Odeh filled an overflow courtroom today for the beginning of her trial in Detroit, MI. They came from Chicago, Minneapolis, Grand Rapids, Ohio, Milwaukee, Ann Arbor, Dearborn, and Detroit, and were barred from the main courtroom because dozens of potential jurors were seated there. The proceedings began with defense attorney Michael Deutsch asking Judge Gershwin Drain to reconsider his decision not to allow Rasmea to testify about the vicious physical and sexual torture she experienced at the hands of the Israeli military. Judge Drain refused to change his mind, guaranteeing that when she takes the stand Rasmea will not be free to tell her full story.
The jury selection followed, with 32 potential jurors taking seats in front of the attorneys for questioning. Supporters were surprised to notice that an overwhelming majority of potential jurors were white, even in a downtown Detroit courthouse in Wayne County, where local residents are mostly Black and Arab. Many of the jurors stated that they were from Oakland County, where the population is over 77% white. Judge Drain asked questions of all the potential jurors, including some that were submitted by the prosecution and defense, respectively. They were asked if they had heard about the case the news, and also screened for potential bias, with questions posed as to whether they held any negative beliefs about Palestinians or Muslims.
After the jury was selected, Rasmea’s supporters gathered outside the courthouse for a rally and march to the federal building. Chanting “DOJ Let’s Be Clear, Rasmea is Welcome Here!” the supporters also heard statements from Frank Chapman of the National Alliance Against Racist and Political Repression, Jess Sundin of the Rasmea Defense Committee, and representatives of Students for Justice in Palestine from the University of Wisconsin at Milwaukee and Kenyon College in Gambier, OH.
Supporters of Rasmea recommitted to rally outside the courthouse at 8am and enter together every day this week. Tomorrow, after opening statements, the prosecution will begin to call its witnesses, including agents from Immigration and Customs Enforcement (ICE), the Department of the Homeland Security, and the State Department. In response to this we continue our call to all supporters of Rasmea to pack the Courtroom every day of her trial!
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