DOCSLIB.ORG

The David Cawthon Story Federal Prosecutor

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The David Cawthon Story Federal Prosecutor have received Justice Denied for Five Men Convicted Of Financial My codefendants and I soon sold almost Iseveral years. I’ve read about many $6.5 million in notes to clients, acquain- people wrongly convicted of murder or Crimes Committed By Con Artist tances and family members. I sold about rape. I felt that my wrongful convic- $1 million in notes. Our clients included tion somehow wasn’t worthy or as bad – The David Cawthon Story lawyers, retired teachers and certified as what happened to those people. But public accountants (CPA). One client the realization finally hit me; I am By David Cawthon was a federal assistant United States serving 210 months – 17-1/2 years – attorney (AUSA) who invested for a crime about which I still know very Virgil Womack was president of GFI, its $100,000 in GFI notes. Conventional wisdom little. While conspiracy to launder monetary chief executive officer and he controlled the would dictate that if someone is running a instruments may not seem as “bad” as rape company. I met Womack maybe twice. Yet scam the absolute last person on Earth he or or murder, the time in prison is just as real, even though I had little contact with Wom- she wants involved is an AUSA! Furthermore, the horror of being wrongly convicted just ack and no involvement in GFI’s manage- that AUSA was the brother of one of my as sickening, and just as repressive. ment, the federal prosecutor would later codefendants who invested his family’s life imply I was one of the schemes “kingpins.” savings in GFI notes. That codefendant’s Years before my conviction, seemingly in parents also purchased GFI notes. Simple log- another life, I was a financial planner and There were three primary “selling points” for ic dictates a person involved in a scam isn’t insurance broker. I had built up a client base the promissory notes. First they were insured going to jeopardize his family’s money and and over about 14 years had secured con- by a company, Keyes International, which was that of his brother and parents! tracts with 102 insurance companies. In in turn reinsured by Lloyds of London. Sec- early 1997 I was told about a financial op- ond, we had a “due diligence” letter from an But we thought all was on the “up and up.” portunity by a business associate, who was attorney stating the insurer (Keyes) was stable. We had no reason to think otherwise. A later to be a codefendant. Global Financial Third, GFI claimed assets of $1.2 billion. Fi- CPA would later testify that he thought Investments (GFI) was planning to issue nally, we had Womack, the man behind GFI, Womack was a “billionaire philanthropist short-term corporate promissory notes to checked by the FBI. The FBI reported that who could most certainly do what he said.” individuals much like banks issue certifi- while they could not actively approve of doing In the end, we were all hustled by Womack. cates of deposit. The notes matured (came business with someone, nothing detrimental At trial, the federal prosecutor asserted that due) in 9 to 12 months and paid a higher could be found regarding Womack or GFI. As involvement of the CPA and the AUSA was interest rate than banks and insurance com- brokers we were furnished with numerous all part of our “master plan.” Our prosecutor panies. documents that verified GFI could perform exactly as Womack represented. Cawthon continued on page 11 hat became known as the ‘”Detroit Federal Prosecutor Indicted del-Ilah Elmardoudi. The case was known as Wsleeper cell” terrorism case began six United States v. Koubriti, et al. 1 All four days after September 11, 2001, when a De- For Frame-up Of Four Men men were accused of fraud and misuse of troit apartment was searched by federal visas, permits and other documents; conspir- agents looking for a person on the FBI’s Innocent Of Terrorism acy to commit those offenses; fraud related to Terrorist Watch List. That man, Nabil al- identification documents; and providing ma- Marabh, was not found. However, the dis- By Hans Sherrer terial support or resources to terrorists. The covery of fake identity documents during the terrorism charge was the most serious. It was search led to the arrest of the three men from smoked hashish and didn’t seem religious. largely based on information provided by northern Africa who were in the apartment. Hmimssa, and the alleged similarity between Assistant United States Attorney Richard a sketch in a day planner found during the Ten days after the raid, on September 27, Convertino was assigned as lead prosecutor September 2001 apartment search and a mili- 2001, a federal indictment alleging fraud and in the case. About a month after the indict- tary hospital in Amman, Jordan. Convertino misuse of visas, permits and other docu- ment Convertino induced Hmimssa to coop- and his team speculated the hospital was a ments, was issued against two of those men, erate by using the threat of the 81 years in possible terrorist target. Karim Koubriti and Ahmed Hannan, and a prison he was facing in three unrelated fed- third man, Youssef Hmimssa, whose fake eral theft and fraud cases. However, during Six days before the trial’s scheduled start the I.D. was found during the apartment search. the next four months Hmimssa consistently U.S. launched its invasion of Iraq. The judge Koubriti and Hannan worked as dishwash- denied that any of the men were involved in denied a defense motion to delay the trial so ers, and Hmimssa was an illegal Moroccan terrorism. Then beginning in March 2002 he the possible inflammation of prejudice by immigrant arrested on September 28. suggested Koubriti and Hannan were terror- jurors against Muslims accused of terrorism ists, and he provided “details” during many could subside. The motion was denied and The three men denied any involvement in meetings with investigators conducted with- the trial began on March 26, 2003. It was the terrorism, nothing seized during the search out his attorney present. first post-9/11 terrorism trial in the U.S. plainly linked them to terrorism, and when interviewed by the FBI, a former roommate Indictment and trial of alleged Under a plea agreement recommending he of Koubriti and Hannan described them as Detroit “sleeper cell” terrorists would serve no more than 46 months impris- lazy pot-smoking drunks who didn’t prac- onment if he testified as a friendly government tice any religion. He also said he never On August 28, 2002, a superceding four count witness, Hmimssa pled guilty on April 3, to 10 heard them talk about anything related to indictment was issued against Koubriti, Han- counts of identity theft and credit card fraud terrorism. Hmimssa also described the two nan, and two other men, Farouk Ali-Haimoud charges resulting from federal indictments in men to interrogators as heavy drinkers who (who worked at an ice cream shop) and Ab- Convertino continued on page 38 JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 10 ISSUE 32 - SPRING 2006 Convertino cont. from page 10 Convertino’s deceit comes to light after material, and in December 2004 he ordered his removal from the Koubriti case the government to respond to the defense Michigan, Iowa and Illinois. 2 Hmimssa’s tes- motion in light of the new information. timony was the only evidence directly tying On September 4, 2003, Convertino and his the four defendants to terrorism. During his co-counsel were removed from the case. The On August 31, 2004, the government filed five days of testimony Hmimssa described the federal prosecutor who took over the case soon its response to the defendant’s motion for a men as devout Muslim extremists, and discovered that Convertino had failed to dis- new trial. The 60-page response conceded claimed Elmaroudi was the ringleader of their close significant Brady discovery evidence to the prosecution committed multiple Brady alleged plans that included smuggling terrorist the defendant’s lawyers. The concealed evi- violations that prejudiced the due process “brothers” into the U.S. The defense was dis- dence included: multiple aerial photos of the rights of the defendants to a fair trial. The advantaged in challenging Hmimssa’s testi- military hospital; multiple exculpatory witness response concluded, “the government re- mony because his contradictory pre-March statements; the assessment of multiple govern- spectfully concurs in defendants’ new trial 2002 statements to investigators hadn’t been ment analysts, including a CIA expert, that the requests and hereby moves to dismiss Count disclosed by Convertino to the defendants. day planner sketch did not match the hospital I without prejudice.” 6 On September 2, layout, and the suggestion of Air Force ana- 2004, Judge Rosen vacated Elmaroudi, Han- Convertino also presented two witnesses who lysts that it was an outline of the Middle East. nan and Koubriti’s convictions, and the ter- testified that a sketch in the seized day plan- That Air Force assessment was consistent with rorism charges were subsequently dismissed. ner matched the physical layout of a military Convertino’s failure to also disclose, “that hospital in Jordan. One witness was an FBI Nasser Ahmed, a Yemeni man, had told [FBI Convertino’s Privacy Act lawsuit agent involved in the investigation, Michael Special Agent Michael] Thomas that his men- Thomas, and another was Harry Smith III, tally unstable brother Ali Ahmed might have Convertino filed a federal lawsuit on Febru- who aided Convertino’s investigation as the been doodling in the day planner and drawn a ary 13, 2004, alleging harm from violations Assistant Regional Security Officer for the map of the Middle East.” 3 of his rights under the Privacy Act.
Load more

Recommended publications
  • Amicus Brief for Aref and Hossain
    UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK YASSIN AREF, Petitioner, Case No. 1:04-CR-402 (TJM) V. UNITED STATES OF AMERICA, Respondent. MOHAMMED MOSHARREF HOSSAIN, Petitioner, Case No. 1:04-CR-402 (TJM) V. UNITED STATES OF AMERICA, Respondent. Proposed AMICUS BRIEF Project SALAM, the Muslim Solidarity Committee And the Masjid As Salaam ________________________________________________________________________ On October 10, 2006, Yassin Muhidden Aref (hereinafter “Aref”), and Mohammed Mosharref Hossain (hereinafter “Hossain”) were convicted of terrorism-related charges in connection with an FBI sting involving the sale of a fake missile for a fictitious terrorist attack, and for money laundering. Aref was also convicted of one count of lying to the FBI. On March 8, 2007 the two defendants were sentenced to 15 years incarceration each. Their appeals to the Second Circuit Court of Appeals and to the U.S. Supreme Court were denied, and they have exhausted their appellate remedies. Aref and Hossain have petitioned this court pursuant to the Federal Rules of Criminal Procedure, Section 2255 for, among other issues, the appointment of an independent prosecutor to review their cases to determine if the government and the courts provided them with necessary exculpatory information, a fair trial and justice. They seek relief similar to what was granted in People v. Theodore Stevens (a Stevens review), or what the Inspector General of the Department of Justice recommended in his June 10, 2009 Report to correct the failure of the Justice Department to identify and provide exculpatory information in terrorism cases – an independent review. Amici, Muslim Solidarity Committee (hereinafter “MSC”), Project SALAM (hereinafter “SALAM”), and the Masjid As-Salaam respectfully submit this Amicus brief, pursuant to Rule 29 in support of the defendants 2255 petition and to present information which may assist the court in deciding the issues raised by the defendants, especially where the defendants are unrepresented.
    [Show full text]
  • The War on Terror As a Self-Inflicted Disaster Ian S
    *ğĕĖġĖğĕĖğĥ 3065*/( 10-*$:3&1035 Our Own Strength Against Us The War on Terror as a Self-Inflicted Disaster Ian S. Lustick* April 2008 &YFDVUJWF4VNNBSZ The War on Terror is much more than a colos- serious terrorist threat cannot even be a topic of sal waste. It is the most potent threat Americans public discussion. Politicians, the news media, face to their liberties and security. With one rival government agencies, defense contractors, spectacular blow al-Qaeda managed to exploit lobbyists of all kinds, universities, and the enter- the fantasies of a “New American Century” ca- tainment industry battle ferociously to increase bal inside the Bush administration and sucker revenues and pump up reputations by posing as the American people and its leaders into a re- more committed to winning the War on Terror sponse that serves its interests. The overstated, than their competitors. Frustrated by their in- but publicly honored, “War on Terror” and the ability to find any evidence of serious terrorist catastrophic invasion of Iraq associated with it activities in the U.S., law enforcement and re- rescued the jihadi movement from oblivion by lated agencies escalate techniques of pre-emp- convincing most of the Muslim world that ji- tive prosecution and entrapment to justify their hadi propaganda about the “infidel Christians enormous budgets. and Jews” was actually correct. Terror is a problem, but the War on Terror, At home, Americans have been so bam- because it turns U.S. power against America, is boozled by the hysterical imagery of the War on a catastrophe. Terror that the absence of evidence of a truly *Ian S.
    [Show full text]
  • Witness to Abuse Human Rights Abuses Under the Material Witness Law Since September 11
    Human Rights Watch June 2005 Vol. 17, No. 2 (G) Witness to Abuse Human Rights Abuses under the Material Witness Law since September 11 Summary......................................................................................................................................... 1 Recommendations......................................................................................................................... 7 To the Justice Department ...................................................................................................... 7 To Congress............................................................................................................................... 8 To the Judiciary......................................................................................................................... 9 I. The Material Witness Law: Overview and Pre-September 11 Use.................................. 10 Overview of the Material Witness Law ............................................................................... 12 Arrest of Material Witnesses before September 11 ........................................................... 14 II. Post-September 11 Material Witness Detention Policy................................................... 15 III. Misuse of the Material Witness Law to Hold Suspects as Witnesses........................... 17 Suspects Held as Witnesses................................................................................................... 20 Prolonged Incarceration and Undue Delays in Presenting Witnesses
    [Show full text]
  • Hitler's Doubles
    Hitler’s Doubles By Peter Fotis Kapnistos Fully-Illustrated Hitler’s Doubles Hitler’s Doubles: Fully-Illustrated By Peter Fotis Kapnistos [email protected] FOT K KAPNISTOS, ICARIAN SEA, GR, 83300 Copyright © April, 2015 – Cold War II Revision (Trump–Putin Summit) © August, 2018 Athens, Greece ISBN: 1496071468 ISBN-13: 978-1496071460 ii Hitler’s Doubles Hitler’s Doubles By Peter Fotis Kapnistos © 2015 - 2018 This is dedicated to the remote exploration initiatives of the Stargate Project from the 1970s up until now, and to my family and friends who endured hard times to help make this book available. All images and items are copyright by their respective copyright owners and are displayed only for historical, analytical, scholarship, or review purposes. Any use by this report is done so in good faith and with respect to the “Fair Use” doctrine of U.S. Copyright law. The research, opinions, and views expressed herein are the personal viewpoints of the original writers. Portions and brief quotes of this book may be reproduced in connection with reviews and for personal, educational and public non-commercial use, but you must attribute the work to the source. You are not allowed to put self-printed copies of this document up for sale. Copyright © 2015 - 2018 ALL RIGHTS RESERVED iii Hitler’s Doubles The Cold War II Revision : Trump–Putin Summit [2018] is a reworked and updated account of the original 2015 “Hitler’s Doubles” with an improved Index. Ascertaining that Hitler made use of political decoys, the chronological order of this book shows how a Shadow Government of crisis actors and fake outcomes operated through the years following Hitler’s death –– until our time, together with pop culture memes such as “Wunderwaffe” climate change weapons, Brexit Britain, and Trump’s America.
    [Show full text]
  • Scare Tactics: Ashcroft's Phony 'War on Terrorism'
    Click here for Full Issue of EIR Volume 31, Number 12, March 26, 2004 EIRNational Scare Tactics: Ashcroft’s Phony ‘War on Terrorism’ by Edward Spannaus Once described as America’s “de facto Minister of Fear,” Convictions Without Trials Attorney General John Ashcroft fit that description in a state- The fraud of Ashcroft’s “war on terrorism” was dramati- ment issued on March 4, immediately after the conviction cally demonstrated in December, when a research institute of three defendants in the “Virginia Jihad” case. Ashcroft associated with Syracuse University, the Transactional Re- declared: “Today, Americans get a glimpse of what is hiding cords Access Clearinghouse (TRAC), published a study in the shadows. Terrorists recruit, train, and finance jihad which blew a major hole in Ashcroft’s scare campaign about in America.” “Islamic terrorists” and “sleeper cells” inside the United The truth is that Ashcroft’s “war on terrorism” gives no States. The study showed that there had been a sharp increase such glimpse; it is a gigantic dud. The blunderbus tools given in the number of convictions in serious terrorism cases in the by Congress to the Justice Department have enabled Ashcroft two years following the 9/11 attacks, from 96 for the two and Co. to use the threat of draconian prison sentences to years prior to September 2001, to 341 for the two years after. force defendants to plead guilty to offenses that they may or What was most surprising about the Syracuse study was what may have not committed. As a result, the Justice Department it showed about sentences.
    [Show full text]
  • In Pursuit of Justice Prosecuting Terrorism Cases in the Federal Courts 2009 Update and RECENT DEVELOPMENTS
    In Pursuit of Justice Prosecuting Terrorism Cases in the Federal Courts 2009 UPDATE AND RECENT DEVELOPMENTS Richard B. Zabel James J. Benjamin, Jr. July 2009 About Us Human Rights First believes that building respect for human rights and the rule of law will help ensure the dignity to which every individual is entitled and will stem tyranny, extremism, intolerance, and violence. Human Rights First protects people at risk: refugees who flee persecution, victims of crimes against humanity or other mass human rights violations, victims of discrimination, those whose rights are eroded in the name of national security, and human rights advocates who are targeted for defending the rights of others. These groups are often the first victims of societal instability and breakdown; their treatment is a harbinger of wider-scale repression. Human Rights First works to prevent violations against these groups and to seek justice and accountability for violations against them. Human Rights First is practical and effective. We advocate for change at the highest levels of national and international policymaking. We seek justice through the courts. We raise awareness and understanding through the media. We build coalitions among those with divergent views. And we mobilize people to act. Human Rights First is a non-profit, nonpartisan international human rights organization based in New York and Washington D.C. To maintain our independence, we accept no government funding. This report is available for free online at www.humanrightsfirst.org © 2009 Human Rights First. All Rights Reserved. Headquarters Washington D.C. Office 333 Seventh Avenue 100 Maryland Avenue, NE 13th Floor Suite 500 New York, NY 10001-5108 Washington, DC 20002- 5625 Tel.: 212.845.5200 Tel: 202.547.5692 Fax: 212.845.5299 Fax: 202.543.5999 www.humanrightsfirst.org In Pursuit of Justice: 2009 Update Preface As the Obama Administration takes steps to shut down analyzed 119 cases with 289 defendants.
    [Show full text]
  • Terrorist Trial Report Card: U.S. Edition – Appendix B
    SEPTEMBER 11, 2001 – SEPTEMBER 11, 2006 TERRORIST TRIAL REPORT CARD: U.S. EDITION Name Date Commercial Drugs General General Immigration National Obstruction Other Racketeering Terrorism Violent Weapons Sentence Notes Fraud Fraud Criminal Violations Security of Crimes Violations Conspiracy Violations Investigation Khalid Al Draibi 12-Sep-01 Guilty 4 months imprisonment, 36 Deported months probation Sherif Khamis 13-Sep-01 Guilty 2.5 months imprisonment, 36 months probation Jean-Tony Antoine 14-Sep-01 Guilty 12 months imprisonment, Deported Oulai 24 months probation Atif Raza 17-Sep-01 Guilty 4.7 months imprisonment, Deported 36 months probation, $4,183 fine/restitution Francis Guagni 17-Sep-01 Guilty 20 months imprisonment, French national arrested at Canadian border with box cutter; 36 months probation Deported Ahmed Hannan 18-Sep-01 Acquitted or Guilty Acquitted or Acquitted or 6 months imprisonment, 24 Detroit Sleeper Cell Case (Karim Koubriti, Ahmed Hannan, Youssef Dismissed Dismissed Dismissed months probation Hmimssa, Abdel Ilah Elmardoudi, Farouk Ali-Haimoud) Karim Koubriti 18-Sep-01 Acquitted or Pending Acquitted or Acquitted or Pending Detroit Sleeper Cell Case (Karim Koubriti, Ahmed Hannan, Youssef Dismissed Dismissed Dismissed Hmimssa, Abdel Ilah Elmardoudi, Farouk Ali-Haimoud) Vincente Rafael Pierre 18-Sep-01 Guilty Guilty 24 months imprisonment, Pierre et al. (Vincente Rafael Pierre, Traci Elaine Upshur) 36 months probation Traci Upshur 18-Sep-01 Guilty Guilty 15 months imprisonment, 24 Pierre et al. (Vincente Rafael Pierre,
    [Show full text]
  • Torturing Alberto Jan 20Th 2005 | WASHINGTON, DC from the Economist Print Edition
    Economist.com Page 1 of 3 About sponsorship The domestic war on terror Torturing Alberto Jan 20th 2005 | WASHINGTON, DC From The Economist print edition A mixed inheritance for America's next attorney-general AP Long time no see THE war on terror, Alberto Gonzales told members of the Senate on January 6th, would be his top priority as America's next attorney-general. How effective has the Justice Department been under John Ashcroft in fighting terrorism at home? To conservatives and the department itself, this is an easy question to answer. No act of terrorism has occurred on American soil since the attacks on September 11th 2001. Polls show Americans feeling ever safer. According to the department's own tally, it has charged 375 people with crimes in “terrorism-related” investigations since September 11th—and 195 have been convicted or pleaded guilty. Yet critics insist that the department is overcounting; and that it has overreached its powers. Few people dispute the Justice Department's decision after September 11th to shift its focus away from prosecuting terrorists after the fact to breaking up terror plots in advance. To this end, it has marshalled an arsenal of legal weapons to put terrorists behind bars. So far most controversy has http://www.economist.com/PrinterFriendly.cfm?Story_ID=3577485 2/4/2005 Economist.com Page 2 of 3 centred on Mr Ashcroft's tour de force, the USA Patriot Act, which was rushed through Congress after the attacks. This dissolved the wall between the intelligence and criminal arms of an investigation. It also boosted the government's powers of surveillance sufficiently to provoke protests from civil-liberties groups about “sneak-and-peek searches” (though America is still less intrusive than many governments in Europe).
    [Show full text]
  • The Terrorist Sleeper Threat in an Age of Anxiety About the Author
    DSFG/WIIS-C Working Paper April 2021 Author Dr. Shannon Nash The Terrorist Sleeper Threat in an Age of Anxiety About the Author Dr. Shannon Nash is the Postdoctoral Network Manager of the North American and Arctic Defence and Security Network (NAADSN). She coordinates NAADSN events, re- search projects and outputs, multimedia presence, website, and reports. She promotes relationships between the network and collaborators and manages NAADSN’s student and graduate research fellows. As part of her work with NAADSN, Dr. Nash is a post-doctoral r esearch fellow at Trent University studying past and present terrorist threats and attacks as well as Canadian, American, and international defence, security and counterterrorism policies. Her current research examines the fluidity of the “terrorism” label and how the label is informed and applied to a violent attack in Canada. This research looks at how racism, Islamophobia and white supremacy, and how and who we frame as “other”, or “terrorist”, are all profoundly connected. Dr. Nash is also working on a project at the University of Water- loo that looks at education and training in national security and counterterrorism in Cana- da. She has recently completed a review of important studies and practical efforts to anticipate and reduce risk factors contributing to lasting traumatization of terrorist victims for a chapter in the forthcoming Handbook of Terrorism Prevention and Preparedness (Ed. Alex P. Schmid). Dr. Nash received her Ph.D. in History from the University of Toronto with a focus on 20th Cen- tury American History, Terrorism, and International Relations. Her doctoral thesis looks at the reality of al Qaeda espionage methodology and how the idea of a sleeper agent was per- ceived and adapted to fit the terrorist threat posed by al Qaeda from the 1990s onwards.
    [Show full text]
  • November 2010 Periodical Review October 2010 – No. 1
    November 2010 Periodical Review October 2010 – No. 1 This report summarizes the most prominent events brought up on the Jihadi online forums in the second half of September 2010. Following are the main issues raised in this report: • Audio publications by Osama bin Laden, Ayman Al-Zawahiri and Adam Yahiye Gadahn – all dealing with the major floods in Pakistan. • Calls to donate money to the Mujahideen continue. • Following the numerous aerial attacks by unmanned airplanes, surfers offer solutions to the problem. • Issue no. 52 of the Jihadi “Al-Somood” magazine. • Al-Qaeda’s Operations Commander in Afghanistan–Pakistan, the replacement for Mustafa Abu Al-Yazid, has been killed. • Mustafa Abu Al-Yazid’s son, who like his father was linked to the organization’s financial mechanism, was killed in the attacks. • Reports stating Sulaiman Abu Ghaith, Saif Al-Adel and other Al-Qaeda leaders, were released from Iran and have reached Afghanistan. • Al-Qaeda in the Islamic Maghreb publishes photographs of the French hostages. • The Jordanians have again arrested Abu Muhammad Al-Maqdisi. • A surfer on a Jihadi forum calls on the Muslims to take the initiative and carry out individual terrorist attacks in the West. 1 P.O. Box 167, Herzliya, 46150, Israel | Tel: +972.9.952.7277 | Fax: +972.9.951.3073 ict @idc ac. il. | www .ict .org il. November 2010 New publications Ideology • Within one day, the “As-Sahab” Jihadi media institute published two new statements by Osama bin Laden titled “Pauses with the Method of Relief Work” and “Help your Pakistani Brothers”. In both audio tapes, which are 11 minutes and 13 minutes long respectively, Bin Laden attacks the way in which the Pakistani government is coping with the major floods which occurred in the country in recent months.
    [Show full text]
  • The Lost Story of Iqbal
    The Lost Story of Iqbal SHIRIN SINNAR* The Supreme Court’s 2009 decision in Ashcroft v. Iqbal, which trans- formed pleading standards across civil litigation, is recognized as one of the most important cases of contemporary civil procedure. Despite the abundant attention the case has received on procedural grounds, the Court’s representations of Javaid Iqbal, the plaintiff in the case, and the post-9/11 detentions out of which his claims arose have received far less critique than they deserve. The decision presented a particular narrative of the detentions that may affect readers’ perceptions of the propriety of law enforcement practices, the scope of the harm they impose on minority communities, and their ultimate legality. This Article contests that narrative by recovering the lost story of Iqbal. It first retells the story of Iqbal himself—the Pakistani immigrant and cable repair technician whom the opinion presented only categorically as a foreigner, a terrorist suspect, and, at best, a victim of abuse. Drawing on the author’s interview of Iqbal in Lahore, Pakistan, in 2016 and other available evidence, the Article reconstructs the facts of Iqbal’s immigrant life, his arrest and detention in the wake of the September 11 attacks, and the enduring consequences of being labeled a suspected terrorist. Sec- ond, the Article recounts the role of race and religion in the post-9/11 immigrant detentions, challenging the Court’s account of the detentions as supported by an “obvious” legitimate explanation. Juxtaposing the lost story of Iqbal and the detentions against the Court’s decision ulti- mately sheds light on the ability of procedural decisions to propagate particular normative visions and understandings of substantive law with- out the full recognition of legal audiences.
    [Show full text]
  • The Secrecy Problem in Terrorism Trials
    THE SECRECY PROBLEM IN TERRORISM TRIALS SERRIN TURNER & STEPHEN J. SCHULHOFER LIBERTY & NATIONAL SECURITY PROJECT BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW THE SECRECY PROBLEM IN TERRORISM TRIALS SERRIN TURNER & STEPHEN J. SCHULHOFER LIBERTY & NATIONAL SECURITY PROJECT BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW www.brennancenter.org We are on strange ground…. But it is the essence of our tradition for judges, when they stand at the end of the marked way, to go forward with caution keeping sight, so far as they are able, upon the great landmarks left behind and the direction they point ahead. If…we are now to enter upon a new era of law in the world, it becomes more important than ever before for the nations creating that system to observe their greatest traditions of administering justice, including this one, both in their own judging and in their new creation. Justice Wiley B. Rutledge dissenting opinion In re Yamashita, 327 U.S. 1, 43 (1946) The Brennan Center for Justice at NYU School of Law unites thinkers and advocates in pursuit of a vision of inclusive and effective democracy. Our mission is to develop and implement an innovative, nonpartisan agenda of scholarship, public education, and legal action that promotes equality and human dignity, while safeguarding fundamental freedoms. The Brennan Center’s Liberty & National Security Project seeks to promote thoughtful and informed discussion of how to address the threat of terrorism within our constitutional framework. Our efforts are rooted in the belief that accountability, transparency, and checks and balances are vital not only to the protection of civil liberties, but also to developing effective and sustainable strategies for fighting terrorism.
    [Show full text]