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Archives for: September 2005, 13

09/13/05

Permalink 07:10:56 pm, Categories: Ethics, 553 words   English (US)

And Justice for All

On Saturday, we read Parsha Shoftim in Deuteronomy. Among many other things, it includes the line, "Tzedek, tzedek tirdof!" This means "Justice, justice, you shall pursue it." Since the Torah doesn't mince words, the fact that the word "justice" is repeated twice is particularly important.

The Torah doesn't say that justice should be applied to a select few. Justice should be applied equally to all. Unfortunately, it seems that the United States Government is increasingly taking an "us vs. them" attitude when it comes to applying justice to Muslims in our own country.

One prime example of our government's increasing callousness in its treatment of Muslim citizens is the Brandon Mayfield case.

Brandon Mayfield is a Portland attorney who was mistakenly jailed in connection with the 2004 Madrid train bombings. Despite the fact that the Spanish authorities repeatedly insisted that Mayfield's prints were not a match to those found on a bag containing detonators, the FBI arrested Mayfield in May of 2004 and held him as a material witness.

Judge dismisses several motions in Brandon Mayfield case
KATU - Portland, OR - July 29, 2005

Mayfield claims he was selected for arrest because of his Muslim faith and that the searches of his home and other locations were in violation of the Fourth Amendment.

Mayfield was jailed for two weeks in May of last year and then held briefly in home detention. The government apologized for jailing Mayfield, whom they now concede was innocent.

What I find disturbing about this case is that the FBI became so consumed with the fact that Mayfield was Muslim (and therefore undoubtably a terrorist) that they completely forgot about the fact that he is an American citizen, and he has a right to due process. The FBI was so busy playing "get the Muslim" that they didn't bother to listen when the Spanish authorities said the prints didn't match, and they didn't check if Mayfield had even been in Madrid at the time of the bombing. Instead, they used the U.S. Patriot Act as an excuse to arrest an innocent man, terrorize his family, and seize his property, including his children's homework.

Mayfield is now suing the government.

Man wrongly linked to Madrid bombings sues
CNN - October 4, 2004

The lawsuit, which names the Department of Justice, Attorney General John Ashcroft, the FBI and four FBI employees as defendants, also challenges the constitutionality of portions of the Patriot Act.

The suit alleges that in order to justify the arrest of Mayfield as a material witness, his constitutional rights were violated when FBI and Justice Department staff "concocted false and misleading affidavits."

Although I agree that security in our country is important, it's equally important to ensure that the rights of all citizens and legal residents are protected. In the wake of 9-11, the word "Muslim" is now synonymous with "terrorist." This is an unjust assessment, and it needs to stop.

Although I'm glad to see that someone is challenging the Patriot Act, because it is a very bad law, I am dismayed with the circumstances.

Let us not forget how the Jews were treated in Nazi Germany, lest we make the same mistake with our Muslim brothers and sisters.

For additional information about the Mayfield lawsuit:

Judge dismisses several motions in Brandon Mayfield case
Man wrongly linked to Madrid bombings sues
Mayfield case rivets crowd

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