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:
May 31, 2016
Miguel A. Cruz-Díaz
Imperial Blues: On Whitewashing Dictatorship in the 21st Century
Vijay Prashad
Stoking the Fires: Trump and His Legions
Patrick Howlett-Martin
Libya: How to Bring Down a Nation
Uri Avnery
What Happened to Netanyahu?
Corey Payne
Reentry Through Resistance: Détente with Cuba was Accomplished Through Resistance and Solidarity, Not Imperial Benevolence
Bill Quigley
From Tehran to Atlanta: Social Justice Lawyer Azadeh Shahshahani’s Fight for Human Rights
Manuel E. Yepe
Trump, Sanders and the Exhaustion of a Political Model
Bruce Lerro
“Network” 40 Years Later: Capitalism in Retrospect and Prospect and Elite Politics Today
Robert Hunziker
Chile’s Robocops
Aidan O'Brien
What’ll It be Folks: Xenophobia or Genocide?
Binoy Kampmark
Emailgate: the Clinton Spin Doctors In Action
Colin Todhunter
The Unique Risks of GM Crops: Science Trumps PR, Fraud and Smear Campaigns
Dave Welsh
Jessica Williams, 29: Another Black Woman Gunned Down By Police
Gary Leupp
Rules for TV News Anchors, on Memorial Day and Every Day
May 30, 2016
Ron Jacobs
The State of the Left: Many Movements, Too Many Goals?
James Abourezk
The Intricacies of Language
Porfirio Quintano
Hillary, Honduras, and the Murder of My Friend Berta
Patrick Cockburn
Airstrikes on ISIS are Reducing Their Cities to Ruins
Uri Avnery
The Center Doesn’t Hold
Raouf Halaby
The Sailors of the USS Liberty: They, Too, Deserve to Be Honored
Rodrigue Tremblay
Barack Obama’s Legacy: What Happened?
Matt Peppe
Just the Facts: The Speech Obama Should Have Given at Hiroshima
Deborah James
Trade Pacts and Deregulation: Latest Leaks Reveal Core Problem with TISA
Michael Donnelly
Still Wavy After All These Years: Flower Geezer Turns 80
Ralph Nader
The Funny Business of Farm Credit
Paul Craig Roberts
Memorial Day and the Glorification of Past Wars
Colin Todhunter
From Albrecht to Monsanto: A System Not Run for the Public Good Can Never Serve the Public Good
Rivera Sun
White Rose Begins Leaflet Campaigns June 1942
Tom H. Hastings
Field Report from the Dick Cheney Hunting Instruction Manual
Weekend Edition
May 27, 2016
Friday - Sunday
John Pilger
Silencing America as It Prepares for War
Rob Urie
By the Numbers: Hillary Clinton and Donald Trump are Fringe Candidates
Paul Street
Feel the Hate
Daniel Raventós - Julie Wark
Basic Income Gathers Steam Across Europe
Andrew Levine
Hillary’s Gun Gambit
Jeffrey St. Clair
Hand Jobs: Heidegger, Hitler and Trump
S. Brian Willson
Remembering All the Deaths From All of Our Wars
Dave Lindorff
With Clinton’s Nixonian Email Scandal Deepening, Sanders Must Demand Answers
Pete Dolack
Millions for the Boss, Cuts for You!
Peter Lee
To Hell and Back: Hiroshima and Nagasaki
Gunnar Westberg
Close Calls: We Were Much Closer to Nuclear Annihilation Than We Ever Knew
Karl Grossman
Long Island as a Nuclear Park
Binoy Kampmark
Sweden’s Assange Problem: The District Court Ruling
Robert Fisk
Why the US Dropped Its Demand That Assad Must Go
Martha Rosenberg – Ronnie Cummins
Bayer and Monsanto: a Marriage Made in Hell
Brian Cloughley
Pivoting to War
FacebookTwitterGoogle+RedditEmail