August/September 2005

http://alawda.newjerseysolidarity.org

Sheikh Moayad: Political Conviction, Political Sentencing

The sentencing hearing for Sheikh Mohammed al-Moayad on Thursday, July 28 illustrated clearly the political nature of the persecution of the sheikh and his assistant and co-defendant, Mohammed Zayad, and the lengths to which the U.S. government will go to justify their campaigns of intimidation and harassment.

During the sentencing hearing, in which the Yemeni religious leader, entrapped in Germany by U.S. FBI agents and extradited to the United States in 2003, was sentenced to a total of seventy-five years in prison and a fine of $1,250,000, Judge Sterling Johnson displayed his contempt for al-Moayad and made clear the environment of repression in which this trial occurred.

At the sentencing hearing, Judge Johnson strolled behind the bench as Moayad spoke, explaining his charitable activities and the fact that he had never worked to harm the people of the U.S., but rather to help his fellow Arabs. He interrupted defense attorney William Goodman as Goodman addressed the popularity of Hamas in the Arab world bydeclaring the organization "evil."

Johnson referred to material support for al-Qaeda – despite the fact that al- Moayad had been acquitted on those charges at trial, and quoted statements by disgraced FBI informer Mohamed Alanssi that had never been made in the courtroom, as even the prosecution viewed Alanssi as a tainted, disreputable witness. He engaged in a detailed chronology of the events of September 11, 2001, and while admitting that al-Moayad had neither been accused nor convicted of any involvement with September 11, declared that it was, nevertheless, relevant to sentencing.

Johnson sentenced al-Moayad to the maximum penalty on all five counts of which he was convicted – fifteen years in jail, for a total of seventy-five years imprisonment. He then added a $250,000 fine for each charge, for a total of $1,250,000 in fines. The behavior of the judge and prosecutors in this case clearly revealed that it was a precisely political case putting all activity in support of Palestinian and Arab causes – in the U.S. and internationally – at risk for government persecution and repression.

Sheikh al-Moayad, who directed various charitable institutions in Yemen, including a bakery and a grocery that distributed food to the poor, schools for boys and girls, a computer center and a free medical clinic. His charitable work extended to supporting not only Yemenis, but his fellow Arabs in Palestine, including raising funds for schools, school supplies and other provisions for Palestinian children.

Although a well-known figure in Yemen, he had not been targeted by the Yemeni government or the U.S. government for his activities until a Yemeni informer and con man, Mohamed Alanssi, introduced himself to the FBI in November 2001 with what testimony and later press coverage would reveal to be promises of spectacular information in exchange for financial compensation. Alanssi, visiting Yemen on behalf of the FBI, eventually lured al-Moayad and Zayad to Germany to meet with a claimed wealthy would-be contributor who was, in reality, an undercover FBI agent.

Al-Moayad and Zayad were arrested and flown back to the United States amid spectacular promises of the capture of people responsible for providing millions in funding to Al-Qaeda. In the meantime, Alanssi set himself on fire in Washington, DC, demanding more money from the FBI for his testimony; he never testified from the stand in the case. Despite never having entered the U.S. before, al-Moayad and Zayad were placed on trial under U.S. laws. Despite the repressive climate, they were acquitted of charges of material support to al-Qaeda, but convicted of materially supporting Hamas – in Palestine – and various conspiracy charges. Hamas, in Yemen, is a completely legal organization that is well-known and respected throughout the Arab world for their role and participation in the Palestinian resistance. Thus, Arab support for Palestine – in the Arab world itself – was criminalized under U.S. law in this trial.

This case indicates a dangerous precedent by which activists from around the world can be kidnapped and brought to trial in the U.S. – for example, the case of Colombian leader Ricardo Palmera. In addition, it comes at a time of increased repression of Arab and Muslim activists in the U.S., as Sami al-Arian's trial in Florida continues and as the Los Angeles 8 case of Palestinians facing deportation for political activities since 1984 is being prosecuted once more in California. Al-Moayad's attorneys plan to appeal both his conviction and the sentence. This case will need the support of all who are concerned about political repression and political freedom in the U.S. and internationally. For more information about Sheikh al-Moayad’s case, please see Al-Awda New York’s website at http://www.al-awdany.org.