Washington Report on Middle East Affairs, December 1997, Pages 22, 96

Bookburners and Their Victims: First-Hand Accounts of Pro-Israel McArthyism

New U.S. Anti-Terror Law Claiming First Victim As Florida Scholar Is Jailed on Unknown Charges

By Paul Findley

The Cold War with thc Soviet Union put a new word in the dictionary: McCarthyism. Named after Joseph McCarthy, a U.S. senator from Wisconsin, it recognizes a sad and dangerous period in American government—the savaging of civil liberties in the name of national security.

The dictionary's definition of McCarthyism: "A mid-20th century attitude characterized chiefly by opposition to elements held to be subversive and by the use of tactics involving personal attacks on individuals by means of widely publicized indiscriminate allegations especially on the basis of unsubstantiated charges."

In his reckless campaign against communist influence in the U.S. government after World War II, the flamboyant McCarthy sullied the reputations of scholars, scientists, public servants, and artists. He even called General of the Armies George C. Marshall, one of the greatest patriots in American history, a communist dupe. McCarthy's name is now a synonym for evil.

A similar savaging of civil liberties again is now underway and its victims are Arab/ Muslim immigrants.

Legislation hastily enacted by Congress a year ago—the Anti-terrorism and Effective Death Penalty Act of 1966—is spawning the new McCarthyism. In some ways, it is worse than the free-wheeling vengeance McCarthy launched. He was the open accuser and produced evidence, flimsy and spurious as it was, in the open. The new McCarthyism keeps the accusers and the alleged evidence secret—even from the accused.

The anti-terrorism bill became law with President Clinton's signature as a knee-jerk reaction to the bombings of the federal building in Oklahoma City and the World Trade Center in New York City. It was an ill-considered and shameful attempt by politicians to curry the favor of citizens made fearful by the bombings. It is plainly reckless overkill. Its provisions would not have prevented destructive acts like those at Oklahoma and New York City.

At this date the law is only partly implemented and has not been tested for constitutionality in the courts, but it has already ridden roughshod over the civil rights of several people whose records seem unblemished.

For example, because of the law, Dr. Mazen Al-Najjar, a teacher and father of three young daughters, is now in his fourth month of incarceration, an inmate in a federal jail in Bradenton, Florida.

The government will say only that he is a risk to national security, charged with being a "mid-level'' operative as a front for terrorist activity.

The government won't tell Al-Najjar or his lawyer what evidence exists.

The Weekly Planet, a widely read, free-circulation newspaper in Tampa, Florida, reports on its investigation of Al-Najjar's plight:

"No charges have been brought against him...the government won't even tell Al-Najjar or his lawyer what evidence exists, who his accusers are or when he can expect a resolution to his case. Al-Najjar may be a terrorist, but if he is, the government certainly has not disclosed one shred of proof."

Al-Najjar is a Muslim of Palestinian ancestry who would like to be a U.S. citizen. He supports justice for Palestinians now under Israel's control and sympathized with the Palestinian uprising a few years ago. He has supported orphanages for children whose parents were killed in the uprising. He denies being a terrorist and says he opposes terrorism.

Nevertheless, he is treated like a dangerous criminal, held in a small cell, permitted to see his wife only a few minutes once a week and then only through bulletproof plate glass. He is not allowed to see his daughters. Although a scholar and prolific writer, he is allowed only three books in his cell and two pencils, no pens.

He says government agents have offered to free him and resolve his immigration status if he will provide evidence of wrongful activity by other members of the Islamic community, particularly his brother-in-law, Sami Al-Arian, a University of South Florida computer engineering professor who also seeks U.S. citizenship.

Federal investigators allege Al-Arian has ties with Middle East terrorists, a charge he dismisses as "ridiculous." The accusations have prompted the University of South Florida to prohibit him from teaching duties in the university's graduate school. The St. Petersburg Times calls Al-Arian a "paid University of South Florida professor who has no duties and no students." It reports that dozens of local Muslims have been subjected to intimidating visits by federal officers.

"That's the Law"

The Federal Bureau of Investigation is one of the agencies carrying out this new McCarthyism. Agent Barry Carmody says the government does not have to reveal who is making charges against Al-Najjar or even what the charges are. "That's the law," Carmody declared to a reporter, citing the Anti-Terrorism Act. "Change the law, write your congressman if you don't like it."

John F. Sugg, a writer for the Weekly Planet, complains editorially, "I'm sorry, that answer just doesn't cut it. This is America, and I expect my government to guard, not trample, rights. We don't—or shouldn't—have Star Chambers [secret trials] or guilt by anonymous whisper. The Inquisition's Torquemada would have loved the government's position. And [Nazi leader Adolph] Eichmann might well have told the Jews, Gypsies and Slavs, 'Hey, change the law,' as he packed them into cattle cars."

Other editors have come to Al-Najjar's defense. The St. Petersburg Times: "Either Al-Najjar should be tried—with evidence of his activities in plain view—or he should be set free. The U.S. Constitution calls for no less." The Palm Beach Post: "Obviously, the government should be aggressive in preventing terrorism. Dr. Al-Najjar and his associates should be investigated. But Dr. Al-Najjar should be protected by a constitution that makes no secret of its contempt for secret evidence."

With recent bombings in Jerusalem fresh in mind and the U.S. Congress still caught up in the anti-terrorism frenzy, Janet Reno, the U.S. attorney general, may be the best hope for an end to the new McCarthyism. Her authority extends over the Department of Justice, as well as the FBI.

In a letter to her I warned that false images of Islam sometimes fuel suspicion of Muslims with Arab names. I told her of attending a workshop in Malaysia two years ago where I learned that in the Islamic religion Jihad, or Holy Jihad as it is often called, exists at two levels, both of them honorable. One is striving within oneself for perfection. The other is striving to counteract injustice, with violence if need be.

I added: "These strivings are, in my view, entirely consistent with the tenets of Christianity and Judaism. I recognize the possibility that Islam-o-phobia may have contributed to [Al-Najjar's] detention and possible deportation. I remember vividly the era of McCarthyism and the ever-present danger that fear may lead Congress and other government officials to irrational decisions and legislation. The anti-terrorism bill, I firmly believe, is inconsistent with our traditions and principles. It seems to me unwarranted, indeed outrageous, to extradite anyone on the basis of secret documents."

Expressing admiration of Reno as an official of independence, honor, remarkable ability and courage, I concluded with this thought "It would be a blot on the name America if Dr. Al-Najjar—or anyone else—should be expelled from this country without giving him the opportunity to confront his accusers and defend himself against their accusations."

Despite the civil rights violations he is enduring, Al-Najjar continues to praise the United States, saying: "I believe the American people have achieved the greatest contribution to a fair and accountable system of justice."