STOKING FIRE: Donuts, Candy Canes, Fetuses and Free Speech in New Mexico

Eleanor J. Bader

In Roswell, New Mexico, a group of high schoolers is demanding that the Roswell Independent School District [RISD] permit them to distribute anti-choice messages to their teachers and peers.

It’s hard not to want to muzzle Fred Phelps and his Westboro Baptist Church, a group whose URL is godhatesfags.com and whose mission is to oppose “the homosexual lifestyle of soul-damning, nation-destroying filth.”  In fact, the US Supreme Court is currently deliberating on a case that will decide whether the church’s free speech rights are sacrosanct, or if they can or should be tempered in the interest of civil polity.

But Phelps is the not the only contemporary Christian to test the First Amendment’s reach. In Roswell, New Mexico—otherwise famous as the site of a purported 1947 UFO crash—a group of high schoolers is challenging the Roswell Independent School District [RISD] and demanding the right to distribute anti-abortion messages and religious information to their teachers and peers.

The teens, who call their group “Relentless in Roswell” and are affiliated with Church on the Move, are represented by the Liberty Counsel, a law firm dedicated “to restoring the culture by advancing religious freedom, the sanctity of human life, and the family.“ A complaint filed in federal court in late June by General Counsel Steve Cramton alleges that the students’ constitutional rights were violated when they were denied the right to distribute their materials. The complaint further alleges that the RISD engaged in unlawful censorship.

The facts of the case are a He Said/She Said tangle, but both sides agree that Relentless members began ministering at the town’s two public high schools—which they attend–in late 2009. Among their activities: Handing out free sandwiches, hot chocolate, and candy canes at school entrances. On January 22, 2010, the 37th anniversary of Roe V. Wade, they handed out rocks painted with “U R Wonderful” on one side and Psalm 139—“You knit me together in my mother’s womb/Your eyes saw my unborn body”–on the other. A week later, the students returned—this time armed with “plastic models of preborn babies at 12 weeks gestation” that included contact info for a local Crisis Pregnancy Center. By all accounts, officials at both high schools reacted quickly, confiscating the rubber fetuses and shuttering the action.

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According to Jerry A. Walz, the attorney representing the RISD, “When the Relentless students showed up with the fetuses, many students were offended. Kids were throwing them at each other and some people complained that the activity was causing chaos.”

Walz further states that the District has a clear policy on the distribution of outside materials:

“Students may distribute and possess in or on school premises, school buses, or at school-sponsored activities any form of non-school sponsored literature including but not limited to newspapers, magazines, leaflets, and pamphlets.”

At the same time the District requires students to get prior approval from an Assistant Principal before materials can be circulated.

“The Relentless students didn’t ask the District for permission to hand out the sandwiches, rocks, candy canes or hot chocolate, so they didn’t follow the process,” Walz says.”

What’s more, he says that the District was caught unaware when the students showed up and began their early morning distribution. By the time administrators realized what was going on, he explains, these activities were over.

Liberty Counsel’s Steve Cramton laughs at the suggestion that the schools were oblivious to Relentless activities before they handed out the fetuses.

“The students were handing out food and drink in front of the schools. Guards, students, administrators and teachers all had to see these events,” he begins.  “To me, the fact that they did not shut them down shows that the District gave its tacit approval to what the students were doing.”

The core issue, he continues, is what kinds of speech the First Amendment is willing to protect. 

“The question becomes whether the government has the right to censor speech on the basis of someone’s perception that it is offensive to them. If you look at First Amendment principles, the answer is a resounding no. I understand the District’s concerns about maintaining order if something is disruptive, but what is disruptive?”

For his part, Jerry Walz contends that the RISD is not a censor. Case in point, he says, is the fact that Relentless members were given permission to host two events since school began in September.  One, “Rally ‘Round the Flag Pole,” was a show of “patriotism and faith.” Another, the distribution of stickers with “life-affirming” messages, was also okayed.

“The Relentless kids can’t just show up and distribute stuff,” Walz adds.

“Shortly after the two permitted activities they surreptitiously brought 27 dozen Krispy Kreme donuts with Bible messages into the faculty lounge of the schools. This was not a student bringing an apple to a teacher. They were disciplined because they did this without permission. The school district can regulate conduct so that nothing disrupts the educational process. Nobody has stifled the free speech of students here.”

Not so, say Relentless in Roswell activists and lawyer Cramton. Likewise, civil libertarians.

“More speech is better than censorship,” says Laura Ives, Managing Attorney of the ACLU of New Mexico. “Ideally, if a conversation was started outside of class via the rubber fetuses or the donuts, it offers the schools an opportunity to discuss the subject. That would be best—using the incidents as a stepping stone to conversation.”

Sadly, that hasn’t happened. Meanwhile, as the lawsuit proceeds through the courts, members of Relentless pledge to live up to their name. For them, the Gospel of Free Speech is sacred.  Were that pro-choicers in Roswell were as assertive. 

News Politics

Trump University ‘Preyed Upon the Elderly and Uneducated,’ Claims Former Trump Staffer

Ally Boguhn

The almost 400 pages of documents released Tuesday included Trump University’s “playbook,” detailing techniques the so-called university’s salespeople were instructed to use. The book told employees to identify seminar “buyers” by sorting through student profiles based on their liquid assets.

Recently unsealed court documents from a class action lawsuit against Trump University—a for-profit company founded by presumptive presidential Republican nominee Donald Trump—revealed the tactics employed by the business to aggressively push their classes.

The almost 400 pages of documents released Tuesday included Trump University’s “playbook,” detailing techniques the so-called university’s salespeople were instructed to use. The book told employees to identify seminar “buyers” by sorting through student profiles based on their liquid assets, CNN reported. Staff members were told to address buyers’ doubts about going into debt with scripted responses:

I don’t like using my credit cards and going into debt: “[D]o you like living paycheck to paycheck? … Do you enjoy seeing everyone else but yourself in their dream houses and driving their dreams cars with huge checking accounts? Those people saw an opportunity, and didn’t make excuses, like what you’re doing now.”

Testimony from former Trump University Sales Manager Ronald Schnackenberg uncovered by the New York Times claims that staff were pushed to exploit those struggling financially. Schnackenberg claimed in written testimony that he was once “reprimanded” for not pushing a couple he felt was in a “precarious financial condition” to buy a $35,000 real estate class using their disability income and a loan.

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Schnackenberg said he believed “Trump University was a fraudulent scheme, and that it preyed upon the elderly and uneducated to separate them from their money.”

Some of the released documents were later ordered to be resealed after U.S. District Judge Gonzalo P. Curiel, who is presiding over two of the three lawsuits against Trump University, on grounds that they were “mistakenly” released to the public. Trump University faces a second class action lawsuit as well as a $40 million lawsuit brought by New York Attorney General Eric Schneiderman.

Schneiderman on Thursday told Good Morning America host George Stephanopoulos that Trump University had engaged in fraud. “We have a law [in New York] against running an illegal, unlicensed university,” Schneiderman said. “This never was a university. The fraud started with the name of the organization, and you can’t just go around saying this is the George Stephanopoulos Law Firm/Hospital/University without actually qualifying and registering, so it was really a fraud from beginning to end.”

Trump’s pending Trump University lawsuits have been under increasing scrutiny. The Republican made headlines again Friday for lobbing “racially tinged” attacks on Curiel.

“I have a judge who is a hater of Donald Trump, a hater. He’s a hater,” Trump said at a campaign rally in San Diego, going on to speculate that the judge may be “Mexican.”

Trump nevertheless vowed in a Thursday tweet to reopen Trump University once the pending lawsuits against the business have concluded.

Democratic presidential candidate Hillary Clinton’s campaign wasted no time this week blasting the presumptive GOP nominee for his role in Trump University after the release of the case’s documents. Speaking about the matter during a campaign rally at Rutgers University in New Jersey, Clinton called out Trump’s for-profit school.

“This is just more evidence that Donald Trump himself is a fraud. He is trying to scam America the way he tried to scam all of those people at Trump U,” Clinton said. “Trump and his employees took advantage of vulnerable Americans, encouraging them to max out their credit cards, empty their retirement savings, destroy their financial futures—all while making promises they knew were false from the beginning.”

Analysis Human Rights

Living in the Shadow of Counterterrorism: Meet the Muslim Women Taking on the National Security State

Kanya D’Almeida

In a three-part series, Rewire will share some stories of the families of the accused and explore how multiple intersecting issues converge around allegations of terrorism in post-9/11 America.

This is the first article in Rewire’s “Living in the Shadow of Counterterrorism” series. You can read the other pieces in the series here.

For the past 15 years, stories of Muslim Americans arrested on terrorism charges have been splashed across newspapers and television screens.

Less visible, and largely hidden behind the headlines, are the families of the accused. Numbering in the hundreds, these families are living under a dark shadow, often in obscurity and sometimes in poverty, following trials and convictions that brand them and their relations as “terrorists.”

They say the label is heavy with stigma, almost impossible to shake.

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For well over a decade they’ve been challenging discriminatory policing, unfair trials, and draconian sentencing of Muslims charged under terrorism laws passed in the aftermath of 9/11. A once-scattered population of fractured families and organizations working on their behalf has coalesced into a movement, in which activists, lawyers, and scholars are all standing shoulder to shoulder with impacted families under the banner No Separate Justice (NSJ).

The movement’s leaders, by and large, are Muslim women.

One of them is Zurata Duka, an ethnic Albanian immigrant from Macedonia whose sons Dritan, Shain, and Eljvir were arrested in 2007 on conspiracy charges. Zurata lives in a quiet suburban neighborhood in New Jersey with her husband, surrounded by their grandchildren. But her charming home and easy smile belie the fallout from her sons’ arrest, which laid waste to their dream of putting out roots and building a sturdy future for themselves in America.

The Duka brothers now count among hundreds of people, primarily Muslims, prosecuted for terrorist activity since September 11, 2001. The precise number is difficult to ascertain, but a 2014 Human Rights Watch (HRW) report estimated that in the decade between 2001 and 2011, the federal government convicted approximately 500 individuals of terrorism, amounting to about 40 per year.

Informants, paid and unpaid, played a critical role in at least half of these cases, the report found. High-ranking government officials like New Jersey Gov. Chris Christie (R) also used these cases for their own political gain, according to reports. Often, allegations of terrorism have prompted the arrests of Muslim Americans like the Duka brothers, based on wholly fabricated plots, trumped up by federal authorities eager to show they are combating “homegrown terrorism.”

For the Duka family and many others, the HRW report only echoed what they’d known for years: that the FBI’s post-9/11 counterterrorism machine has slowly eaten away at Muslim Americans’ civil liberties and constitutional protections.

According to organizers with NSJ, this erosion amounts to what is essentially a separate justice system for Muslim Americans, one that runs parallel to the protections enshrined in the Constitution, and one that appears to equate adherence to the Islamic faith with a propensity toward violence.

In a three-part series, Rewire will share some of their stories and explore how multiple intersecting issues converge around allegations of terrorism in post-9/11 America.

An Accidental Advocate

Zurata Duka arrived in the United States in 1984 with her husband Firik and their three sons.

They moved around, living first in Texas and then in New York City, where the family added two members, a daughter named Naze and a fourth son, Burim. Eventually they bought a house in a mixed-ethnic, suburban neighborhood in Cherry Hill, New Jersey, which Zurata and Firik believed was a safer choice for their kids than Brooklyn, where they often came home bloodied or bruised from fights with other boys, according to the Intercept.

They did well, establishing two successful roofing businesses, which counted department stores, schools, and even the local fire department among their clients. To all who knew them, they were the veritable poster family for the American dream: self-made, hardworking, prosperous.

All that changed on May 7, 2007—Zurata Duka’s 49th birthday—when a team of armed FBI agents burst into her home screaming at her to get down on the ground.

She conjures up the incident like it was yesterday: “I was washing the dishes,” she tells Rewire in an interview in her home, “when I heard this sound like a bomb. I grabbed a chair because I saw people running in, and got behind the refrigerator. People were yelling at me to put the chair down, and then I felt a gun in my stomach.”

She recalls begging to be allowed to put on her head cover, and requesting a female agent to handcuff her. For hours she sat in the kitchen while the team ransacked her house. One agent seemed particularly agitated, she says, running up and down the stairs and asking repeatedly about her sons’ whereabouts.

Zurata says the years following her sons’ arrest have been a blur of caring for her grandkids and fretting over bills. The family’s roofing businesses, which once enjoyed six-figure earnings, have fallen on hard times, with only her youngest son Burim and her husband (who is pushing 70) to run them. An increasingly tight household budget also means that visits with her sons, who are flung across the country in various federal detention centers—Dritan in West Virginia, Shain in Kentucky, and Eljvir in a maximum-security prison in Colorado—are nearly impossible.

Zurata is also an advocate—though she never uses that word. Over the past eight years she has cultivated a close circle of allies who raise awareness and organize around her sons’ case. She herself has traveled the country speaking publicly on their behalf, often with her oldest grandchild in tow.

 A “Separate” Justice System for Muslim Americans

The No Separate Justice movement began in 2009 as a campaign around a Pakistani-American student named Fahad Hashmi, who at the time was being held in pretrial solitary confinement on terrorism-related charges. Over time, it formed a kind of umbrella over various groups and families who were challenging post-9/11 human rights abuses.

These included organizations working against police surveillance, like the City University of New York’s Creating Law Enforcement Accountability & Responsibility project; Palestinian rights’ groups like Al-Awda NY; the direct-action collective Witness Against Torture, whose aim is to shut down the U.S. military prison in Guantanamo; Desis Rising Up and Moving (DRUM), an organization of South Asian workers and youth; and nonprofits like the Center for Constitutional Rights (CCR).

Among them these groups’ members have decades of experience organizing around civil liberties, but the movement’s most active participants are women like Zurata Duka, many of whom had never known a day’s activism until the state snatched away their kin.

The FBI first learned of the Dukas in 2006 when an employee at a Circuit City in Cherry Hill turned over tapes of what appeared to be Muslim men shooting guns in the woods while saying “Allahu Akbar,” Arabic for “God is Greatest.” The Dukas themselves had recorded that footage while on a family vacation in the Pocono Mountains, where they’d also ridden horses and gone skiing. What had started out as a weekend of winter sports turned into a lengthy FBI investigation: Over a period of several months, the bureau went to great lengths to involve the men in a plot to attack the Fort Dix military base in New Jersey, enlisting two informants to secure recordings of the brothers’ support for the scheme.

As the Intercept detailed in a January 2015 piece titled “Christie’s Conspiracy”—about how Chris Christie, then the U.S. attorney for New Jersey, rose to prominence in the wake of Zurata’s sons’ arrest and subsequent trial—the informants never approached the Duka brothers directly about this plan, instead attempting to incite vague verbal commitments to acts of violence by showing them jihadi videos and playing tapes of lectures by radical Islamic scholars. Court transcripts and video recordings have shown that all three men explicitly rejected the idea of engaging in violence, repeatedly telling one informant, Besnik Bakalli, that “jihad” for them meant working hard to support their families, or fighting personal vices like greed and lust.

It is clear from the criminal complaint that the only link between the Duka brothers and the Fort Dix plot was a series of statements that Eljvir’s brother-in-law, Mohamad Shnewer, made to another paid FBI informant, Mahmoud Omar, in which he falsely claimed that the Dukas had agreed to the plan. These claims were subsequently disproved in court, according to the Intercept, when Omar admitted during cross-examination that the Duka brothers had no idea about the alleged plot to kill military personnel at the Navy base.

Though the prosecution was unable to provide proof of a formal agreement—written, oral, or otherwise—that showed the Duka brothers had entered into a conspiracy to attack the military base, the jury delivered a guilty verdict. Both Dritan and Shain received life sentences plus 30 years. Eljvir was sentenced to life without parole.

In January, they presented a motion for retrial based on ineffective counsel before New Jersey District Judge Robert B. Kugler, the same man who presided over the original trial and sentenced the brothers back in 2009. The case is still pending.

As the HRW report makes clear, the Duka brothers’ story is not an anomaly. By analyzing the U.S. Department of Justice’s public records, as well as data secured through Freedom of Information Act requests, HRW concluded:

All of the high-profile domestic terrorism plots of the last decade, with four exceptions, were actually FBI sting operations—plots conducted with the direct involvement of law enforcement informants or agents, including plots that were proposed or led by informants. According to multiple studies, nearly 50 percent of the more than 500 federal counterterrorism convictions resulted from informant-based cases; almost 30 percent of those cases were sting operations in which the informant played an active role in the underlying plot.

In some cases, the report found, the FBI “may have created terrorists out of law-abiding individuals by conducting sting operations that facilitated or invented the target’s willingness to act.”

Sting operations are the cornerstone of a legal strategy that groups like the National Coalition to Protect Civil Freedoms (NCPCF) have termed “preemptive prosecution,” which essentially licenses the government to charge and incarcerate Muslims who have never committed a crime on the basis that their very thoughts pose a threat to national security.

Preemptive prosecutions have given rise to a troubling pattern of innocent persons being incarcerated and families being separated, often in cases manufactured entirely by the government. Experts on “homegrown terrorism” say the alleged fear driving the counterterrorism machine is exaggerated. According to Peter Bergen, author of the United States of Jihad, the risk of “homegrown terrorism” is actually a lower-level threat than the dangers of gun violence or climate change.

In the years after September 11, the New York Times reported Bergen as saying, “an American residing in the United States was around five thousand times more likely to be killed by a fellow citizen armed with a gun than by a terrorist inspired by the ideology of Osama bin Laden.”

As the NCPCF documented in a 2014 report, preemptive prosecutions often involve material support charges, which allow the government to interpret free speech or charitable giving as “support” for international terrorist organizations; the use of conspiracy laws to treat relationships and associations as criminal enterprises, and their members as guilty by association; and the use of confidential informants to ensnare individuals in criminal plots fabricated by the government.

NCPCF Legal Director Kathy Manley told Rewire in a phone interview that of an estimated 399 terrorism cases between 2001 and 2010, approximately 94.2 percent were preemptive prosecutions, or included elements of that strategy.

By analyzing a list of the Department of Justice National Security Division’s unsealed terrorism cases, NCPCF researchers concluded that 72.4 percent of convictions between 2001 and 2010 were based on suspicion of the defendant’s “perceived ideology,” rather than criminal behavior, while a further 21.8 percent of cases represented individuals whose non-terrorist criminal activity was “manipulated and inflated by the government to appear as though they were terrorists,” according to the report.

Families like the Dukas say the legal terminology doesn’t come close to capturing the chilling reality that lurks beneath it: that the federal government is willing to tear asunder scores of Muslim-American families—whose members may have done nothing more than fire guns at a shooting range while evoking God’s name—under the guise of fighting the elusive threat of “homegrown terrorism.”

NCPCF is now in the process of filing commutation petitions—appeals for executive clemency—on behalf of ten victims of preemptive prosecution. One of these petitions, Manley told Rewire, involves a man named Shahawar Matin Siraj who was convicted in 2006 on terrorism conspiracy charges and sentenced to 30 years in prison.

Matin’s story represents a classic case of preemptive prosecution and illustrates how this legal strategy affects entire families.

Turning Mothers Into Advocates

Shahina Parveen lives with her husband, Siraj Abdul Rehman, and their daughter, Sanya Siraj, in Jackson Heights, a bustling immigrant quarter of Queens, New York. Anyone who has visited them knows the apartment is not so much a home as it is a workspace dedicated to exposing the truth behind the case that changed their lives a decade ago.

“You see all this?” Parveen asks, pointing to a stack of books and papers stashed in a corner of the one-bedroom apartment. “This is my office. I have read 4,000 pages about my son’s case. It’s all lies.”

She tells Rewire that when she moved her family from Pakistan to the United States in 1999, escaping daily violence in her native city of Karachi, she couldn’t read or speak much English. But when the NYPD sent an informant after her son in 2003 and then arrested him for allegedly plotting to blow up a train station in Manhattan in 2004, she forced herself to learn so she could understand how Matin—who had always seemed “more interested in video games than in religion”—had been labeled a terrorist.

Through reading court transcripts and watching C-SPAN, she learned the details of how an Egyptian-American NYPD informant named Osama Eldawoody befriended her son by posing as a terminally ill man with a deep knowledge of Islam. Over several months, Eldawoody exposed Matin to the results of the United States’ military exploits overseas, showing him photographs of abused Muslim prisoners at the Abu Ghraib prison complex in Iraq and eventually suggesting that they detonate a bomb at the 34th Street station.

Though Matin refused to plant the bomb in the subway, Eldawoody pressured him into acting as a lookout for the operation, she says. According to a report by the Center for Human Rights and Global Justice at the New York University School of Law, Matin appeared to grow more and more reluctant with the plan, at one point telling the informant he needed to “ask permission” from his mother before going any further.

At his trial, the report states, the prosecution sidelined Matin’s reluctance to participate in the plot and highlighted instead what they called his ”predisposition” toward the crime. The predisposition argument makes it virtually impossible for a defendant to invoke the entrapment defense—an affirmative defense in cases where the government induces a particular crime, through an informant or other means—because the burden is on defendants to prove that they lacked the predisposition toward certain criminal conduct. In terrorism cases, disproving predisposition is a particularly arduous task, given the triggering effects of terrorism cases, which often involve, according to advocates, federal prosecutors inciting jurors’ emotions by presenting evidence of the human toll of other, unrelated terrorist attacks.

According to the Center for Human Rights and Global Justice, the entrapment defense has yet to succeed in court.

A jury found Matin guilty and sentenced him to 30 years. He is currently held at the Federal Correctional Institution at Otisville in upstate New York.

For Parveen, the trauma resulting from his arrest and lengthy trial has been constant.

“The government made us beggars,” she tells Rewire, explaining that much of the Muslim community and large swathes of her own family shunned them after her son’s arrest. She remembers walking the streets trying to solicit funds to pay legal fees; she recalls her daughter, Sanya, being told by prospective employers: “No one will hire the sister of a terrorist.” Neighbors who’d lived side by side with the family for 15 years refused to even step inside their apartment.

“At one point, I was paralyzed from the trauma,” Sanya tells Rewire. “One half of my body just stopped working.”

One of Parveen’s clearest memories of that period is her family being arrested by Immigration and Customs Enforcement officials the day after Matin’s sentencing—possibly in connection with their pending appeal on a political asylum claim—and the 11 nights they spent in an immigrant detention center in Elizabeth, New Jersey.

“I saw with my own eyes how human beings are treated in detention centers. I saw a young woman being physically separated from her newborn baby, and it was like watching my own son being torn away from me,” she explained. One day, inexplicably, immigration officials separated Sanya from her mother and kept them apart for two days. Parveen remembers spending sleepless nights in the detention center, crying, and praying, until suddenly something inside her snapped.

“I had been quiet for three years, from the day my son was arrested until he was sentenced,” she says. “And I was still being abused. I told myself if I am going to be abused even when I’m silent, then I might as well speak out about his case.”

It was the beginning of a long commitment to activism that continues to this day. Through DRUM, Parveen joined the No Separate Justice campaign. She is a powerful orator, and though she personally dislikes the spotlight, she has become a prominent face in the movement against post-9/11 civil rights violations.

She attends vigils and protests. She marches at May Day rallies, keeping alive the call of justice for Muslim prisoners like her son. She is always a phone call away, ready to answer questions about Matin’s case, or talk for hours into the night about his “rubbish” trial. She is quick to get her hands on the latest literature relating to the national security state: She piles books, reports, and clippings from newspapers onto her fragile hopes that one day her family will be vindicated.

“Before my father died, he told me that this was my job now,” Parveen tells Rewire. “He said, ‘Nobody else is going to do this for you—you’re the only one who can fight for your son. I pray that people will show up and support you, but you’re the mother and you have to fight, even on days when you’re fighting alone.’”

She says he died the day before his grandson, Matin, lost his appeal. It was almost as if he knew, Parveen says, that they stood no chance.

“But the last time I spoke to him he told me, ‘No day is the same. Sooner or later, the sun has to rise. You have to fight until the sun rises for Matin—you have to stand; don’t fall.’”