The FBI "witch-hunt" in Lodi
Thank you so very much for all of your supportive emails, telephone calls and offers to help the Muslim community in this difficult time. I have been thinking about writing something about "Lodi terrorism case" but was unable to do so because I could see the same card played over and over again. Our administration is creating a culture of fear, division, anger, frustration, confusion, anxiety and hate so they can expand their agenda.
I would like to assure you that I am very concern about the safety and security of our country, I live here, my friends, family members and children live here but scapegoating the entire community is not the route we should be taking. We have not learned anything from our history. Till this day we are apologizing from our Japanese Americans citizens and others we have mistreated. As I learned more about the case it became Crystal clear that the Muslims and Arabs are not granted the same rights that our Constitution guarantees for all of its citizens. Over two weeks have passed and so far both Hamid and Umer have been charged only with lying to federal investigators about Hamid's visit to Pakistan in 2003.
Please read the report – the FBI witch hunt in Lodi - written by Sunaina Maira and Veena Dubal, activists, on their trip to Lodi after the Hayat arrests.
Samina Faheem Sundas
AMV Executive Director
June 23, 2005
1: We would appreciate your strong statements and outrage about the mistreatment of women and children, especially the eleven year old who collapsed and was denied treatment, should be unacceptable for all of us. It is a gross violation of human rights.
We will post your statements on our website so Muslims can feel their fellow Americans support and strength.
2: Please help AMV educate all Americans and residents especially Muslims, Arabs and South Asians to know their rights. Please educate them to NEVER SPEAK TO THE FBI WITHOUT THE PRESENCE OF AN ATTORNEY. Even when they are 100% sure that they have not done anything wrong.
3: Both imams cases would be heard in San Francisco and I will need help from all of you to fill up the court room for support and solidarity. We will keep you posted. www.amuslimvoice.org.
4: We have laws, rules, regulations and guidelines through our constitution in our country, we need to make sure that each one of us is granted equal rights and blind justice. Under these provisions" A man is innocent until proven guilty" We need to grant everyone that privilege including Muslim, Arabs and South Asians.
I appeal to all my fellow Americans to please do not rush to conclusions and judgments. Please read beyond headlines and ask the administration to treat everyone fairly and do not violate human rights under any circumstance, especially when dealing with children.
The FBI "witch-hunt" in Lodi
By Veena Dubal and Sunaina Maira
On June 7th 2005, national and international media attention focused on the small, agricultural town of Lodi, located approximately forty miles south of Sacramento. The FBI arrested and detained two individuals, both Pakistani-Americans, who they suspected had AL-Qaeda affiliations.
The investigation was presented as a "terrorism case" by the government and news sources. The initial affidavit released to the media said that U.S.-born Hamid Hayat, had attended a terror-training camp in Pakistan along with "hundreds" of other terrorists, and returned to the US intending to "attack . . . hospitals and large food stores." This kind of detail resulted in a flood of sensationalized media coverage, portraying 23-year old Hamid as a prospective mass murder and his father, Umer Hayat, a 47-year old ice cream truck driver, as the financial supporter and mastermind of an alleged "Lodi terrorist cell".
Neither allegation, however, was in the affidavit filed with a federal court in Sacramento the same day.
The FBI retracted their affidavit alleging Hamid's plot to attack domestic targets and began downplaying the seriousness of the presumed threat the men posed. Both Hamid and Umer were ultimately charged only with lying to federal investigators about Hamid's visit to Pakistan in 2003.
Three other Muslim men from Lodi, among them two respected imams, were also detained on suspected visa violations. One of the imams had actually been the target of FBI surveillance beginning three years ago when a secret court used the Foreign Intelligence Surveillance Act (FISA) to approve wiretapping of Mohammed Adil Khan.
While the Justice Department has maintained that it was not deliberately trying to precipitate an anti-Muslim witch hunt, the difference between the two affidavits - the one released to the media and the one filed in court - as well as recent FBI activity in Lodi, speak a different story. None of the five men have been charged with carrying out or planning to commit any act of violence.
The many inconsistencies in the case and the hysteria it stoked coincided very neatly with Bush's campaign to renew and expand the 2001 Patriot Act, which can only be justified if there was an ongoing "terrorist threat" and the public continues to fear that there are Muslim or Arab terrorists in their midst.
On June 14, we traveled up to Lodi to assess the impact of the arrests and surveillance of the local South Asian community, which is estimated to consist of over 2500 Pakistanis, some of whom have been living in the town for three generations. Basim Elkarra, Executive Director of the Sacramento office of CAIR (Council on American Islamic Relations) has been diligently organizing in response to the arrests and interrogations of local Pakistanis by FBI agents swarming into town and warned us prior to our arrival about the extent of surveillance and the fear the community felt. But no amount of warning could have prepared us for the state of near siege in the town.
As soon as we stepped out of our car in Lodi, we were made aware of the FBI's presence. Not only is the entire Muslim community being surveilled by the FBI, which had interviewed many of its members, sometimes without an attorney present, in the days following the arrest - so are the attorneys and activists who are making sure that constitutional rights are upheld. During our brief visit with Mr. Elkarra and civil rights attorneys from the ACLU, a man with a large afro-wig in a blue SUV circled us and took photos. When we tried to approach him, he fled, only to return later to take more photographs. His conspicuous appearance made us realize the extent to which the FBI harassment is not at all a secret investigation: it is an overt act of intimidation of the community at large.
One of the attorneys we spoke to noted that the community feels "terrorized." Residents believe that they are being interrogated by the FBI and placed under
automatic suspicion because they are Muslim..
Pakistanis who attended the "Know Your Rights" workshops held by CAIR in Stockton, Lodi, and Pleasanton were all subject to obvious FBI surveillance. One Muslim mother told an attorney that her young child was followed from her home to an ice cream store by an FBI car. Others complained that they were taken out of their places of employment by the FBI for questioning and then could not return because their co-workers became suspicious of them.
The most shocking of these reports was that of an incident where the FBI stormed the Hayat home, when only women and children were present, by ramming down the front door and putting a gun to a woman's head. When her eleven-year old daughter passed out, she was denied medical attention, a gross violation of human rights that outraged even the local emergency care personnel.
After handing out "Know Your Rights" fliers to community members who have been repeatedly questioned, we went to visit the Lodi mosque that is under FBI scrutiny. The mosque is a small, humble structure - a former Jehovah's Witness church - next to the cannery where Pakistani men have worked as fruit packers, in some cases for more than thirty years. South Asian and Latino children were
playing basketball together across from the mosque while older South Asian men sat on the grass, presumably relaxing after a long day's work.
Most of the Muslims who attend this mosque speak Pashtu and are from the Northwest Frontier area of Pakistan. Some have family that had been in the area since as early as 1908, working on the railroads. They told us that the FBI began coming to Lodi immediately after September 11Th, making "friends" with mosque members. The men all seemed undaunted by the FBI siege. However, it was clear within minutes that beneath the welcoming, calm exterior, was a harassed, interrogated, and scared community.
One man described to us, without looking around, exactly where each federal agent's car was parked; we saw the three large, black-tinted SUVs just yards from the mosque and the courts where the young boys were playing. Another middle-aged man said calmly, "Let them come ask us questions; we have nothing to hide." While this resilience was encouraging, we were reminded by another Pakistani man who had already been questioned several times that while he did not mind speaking to the FBI, it was frightening for his wife and children. In addition, this has led to a racist backlash by some Lodi residents agitated by the lurid media reports about Islamic terrorists and sleeper cells.
The government's investigation in Lodi has been conducted in a way that does not respect the legal rights and dignity of the Muslim community: individuals have been systematically discouraged from exercising their right to an attorney and have been disallowed access to attorneys; there has been at least one detention of an individual who was not read his Miranda warnings; and women and children have been intimidated and denied medical care. Perhaps equally disturbing, however, is that the general public has been given new reason to fear South Asians and Muslims as presumed terrorists. A community that has made this area home for over one hundred years has been investigated, intimidated, and cast under a shroud of suspicion, all within days.
Veena Dubal is a JD/PhD student at the University of California at Berkeley, Boalt Hall, and Sunaina Maira is an Associate Professor of Asian American Studies at the University of California at Davis. Both are volunteers with the SF Bay Area organization, ASATA - Alliance of South Asians Taking Action.