FacebookTwitterGoogle+RedditEmail

Lackawanna Six: Bogus Charges and Martial Law

by JAMES BOVARD

The New York Times reported last week that the Bush administration considered sending in the U.S. military to arrest the so-called “Lackawanna 6″ in 2002. It is appropriate that  was one of the biggest farces of the homefront legal war on terrorism was almost the cover for the most brazen power grabs.

The Lackawanna Six were a half dozen Yemeni-Americans from a Buffalo suburb who traveled to Pakistan and Afghanistan in the spring and summer of 2001 and attended an Al Qaeda training camp.  Some members of the group asserted that they fled the camp after they heard appeals for violence against America.

After the six were arrested by the FBI and local police in September 2002, the Justice Department announced that it had “identified, investigated and disrupted an al-Qaeda-trained, terrorist cell on American soil.” President Bush hyped the arrests of an “al-Qaeda cell” in Buffalo in his State of the Union address a few months later.

While the president, the Justice Department,  and legions of federal officials speaking anonymously to the media touted the Lackawanna 6 as terrorists, the feds never dared make such a suggestion in court. Salon noted that “prosecutors never offered evidence that the Lackawanna defendants intended to commit an act of terrorism.” A secret FBI report in early 2005 admitted: “To date, we have not identified any true ‘sleeper’ agents in the US” nor any “evidence of concealed cells or networks acting in the homeland as sleepers.”

But the feds did “persuade” the defendants to plead guilty to “material support of terrorism” – an amorphous charge that could mean something as simple as paying for their food at the camp.  The feds coerced the  plea bargain by threatening to label the men “enemy combatants” and send them to Guantanamo – and to charge them with treason, for which they could be executed.  Neal Sonnett, chairman of the American  Bar Association’s Task Force on Treatment of Enemy Combatants, observed:  “The [Lackawanna] defendants believed that if they didn’t plead guilty, they’d end up in a black hole forever. There’s little difference between beating someone over the head and making a threat like that.”

Georgetown University law professor David Cole commented: “It’s the first time in American history where people are going to prison for going to a training camp.”  Virginia lawyer and human rights activist Elaine Cassel commented: “The idea is, ‘Let’s go out and arrest people before they actually commit a crime, or even think of a crime.'”

The Bush team considered sending in the military in part because of the LACK OF evidence.  The New York Times noted that the Justice department was concerned “that there might not be enough evidence to arrest and successfully prosecute the suspects in Lackawanna.”  Vice President Cheney reportedly “argued that the administration would need a lower threshold of evidence to declare them enemy combatants and keep them in military custody.”

In other words, it should require less evidence to totally nullify all of a person’s rights (including the “right” not to be tortured) then required to  arrest someone on a felony charge.   This judicial philosophy keeps getting stranger and stranger.

Some Pentagon officials supported Cheney’s proposal to send in the troops to grab the Lackawanna Six.  Other administration officials objected, and Bush eventually decided to avoid the overt appearance of martial law for this roundup.

Cheney was invoking a secret memo from Justice Department Office of Legal Counsel’s John Yoo, who had written: “The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States.”

Since some of Yoo’s memos leaked out in recent years, we have heard that they are irrelevant because they were only academic type posturing.  But the New York Times article makes it clear that Cheney and others wanted to seize new powers and fundamentally change the nature of the United States.

This case illustrates how there are no idle pro-Leviathan legal errors. Instead, any such error is like a ticking time bomb – waiting to be exploded under the people’s rights and liberties.

But apologists for Bush insist that it would not have been a dictatorship because one lawyer in the Justice Department assured  Vice President Cheney that the White House was entitled to such power.  Supposedly, it only takes one weasel lawyer to nullify all the constitutional checks-and-balances accumulated over centuries.

Some Bush administration officials view using the military for the Lackawanna arrests as “testing the Constitution.”   In reality, it would have tested how much dictatorial power Americans would permit the Bush team to seize.  And the mainstream media might have raised scant protest.   As one wag quipped online: “If the tanks rolled down the streets on the same day the American Idol winner was named, you’d never even hear about the tanks.”

The Bush administration’s internal disputes over the Lackawanna arrests vivify how easily government can almost  totally slip the leash.   Unfortunately, the media and most Americans view Bush administration depredations as ancient history. But there is no reason to assume that the new rulers in Washington love power any less than their predecessors.

JAMES BOVARD serves as a policy advisor for The Future of Freedom Foundation and is the author of Attention Deficit Democracy, The Bush Betrayal, Terrorism and Tyranny, and other books.

 

 

 

 

 

 

 

 

 

 

James Bovard is the author of Attention Deficit Democracy, The Bush Betrayal, Terrorism and Tyranny, and other books. Bovard is on the USA Today Board of Contributors. He is on Twitter at @jimbovard. His website is at www.jimbovard.com

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

February 21, 2017
Sharmini Peries - Michael Hudson
Finance as Warfare: the IMF Lent to Greece Knowing It Could Never Pay Back Debt
CJ Hopkins
Goose-stepping Our Way Toward Pink Revolution
John Wight
Firestarter: the Unwelcome Return of Tony Blair
Roger Harris
Lenin Wins: Pink Tide Surges in Ecuador…For Now
Shepherd Bliss
Japanese American Internment Remembered, as Trump Rounds Up Immigrants
Boris Kagarlitsky
Trump and the Contradictions of Capitalism
Robert Fisk
The Perils of Trump Addiction
Deepak Tripathi
Theresa May: Walking the Kingdom Down a Dark Alley
Sarah Anderson
To Save Main Street, Tax Wall Street
Howard Lisnoff
Those Who Plan and Enjoy Murder
Franklin Lamb
The Life and Death Struggle of the Children of Syria
Binoy Kampmark
A Tale of Two Realities: Trump and Israel
Kim C. Domenico
Body and Soul: Becoming Men & Women in a Post-Gender Age
Mel Gurtov
Trump, Europe, and Chaos
Stephen Cooper
Steinbeck’s Road Map For Resisting Donald Trump
February 20, 2017
Bruce E. Levine
Humiliation Porn: Trump’s Gift to His Faithful…and Now the Blowback
Melvin Goodman
“Wag the Dog,” Revisited
Robert Hunziker
Fukushima: a Lurking Global Catastrophe?
David Smith-Ferri
Resistance and Resolve in Russia: Memorial HRC
Kenneth Surin
Global India?
Norman Pollack
Fascistization Crashing Down: Driving the Cleaver into Social Welfare
Patrick Cockburn
Trump v. the Media: a Fight to the Death
Susan Babbitt
Shooting Arrows at Heaven: Why is There Debate About Battle Imagery in Health?
Matt Peppe
New York Times Openly Promotes Formal Apartheid Regime By Israel
David Swanson
Understanding Robert E. Lee Supporters
Michael Brenner
The Narcissism of Donald Trump
Martin Billheimer
Capital of Pain
Thomas Knapp
Florida’s Shenanigans Make a Great Case for (Re-)Separation of Ballot and State
Jordan Flaherty
Best Films of 2016: Black Excellence Versus White Mediocrity
Weekend Edition
February 17, 2017
Friday - Sunday
David Price
Rogue Elephant Rising: The CIA as Kingslayer
Matthew Stevenson
Is Trump the Worst President Ever?
Jeffrey St. Clair
Roaming Charges: Tinker, Tailor, Soldier, Flynn?
John Wight
Brexit and Trump: Why Right is Not the New Left
Diana Johnstone
France: Another Ghastly Presidential Election Campaign; the Deep State Rises to the Surface
Neve Gordon
Trump’s One-State Option
Roger Harris
Emperor Trump Has No Clothes: Time to Organize!
Joan Roelofs
What Else is Wrong with Globalization
Andrew Levine
Why Trump’s Muslim Travel Ban?
Mike Whitney
Blood in the Water: the Trump Revolution Ends in a Whimper
Vijay Prashad
Trump, Turmoil and Resistance
Ron Jacobs
U.S. Imperial War Personified
David Swanson
Can the Climate Survive Adherence to War and Partisanship?
Andre Vltchek
Governor of Jakarta: Get Re-elected or Die!
Patrick Cockburn
The Coming Destruction of Mosul
Norman Pollack
Self-Devouring Reaction: Governmental Impasse
FacebookTwitterGoogle+RedditEmail