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Al-Zaytonah
Magazine Interview with Dr. Abdulhalim Al-Ashqar |
| Translation
of Al-Zaytonah Magazine Interview with Dr. Abdulhalim Al-Ashqar
Dr. Abdulhalim Al-Ashqar, former Business Administration Professor at Howard University in Washington, DC who the university refused to renew his contract yielding to pressure exerted by the federal government-as Dr. Al-Ashqar explains it-, is one of the Arab and Muslim community leaders and one of its most active members for the Palestinian cause. As of the printing date of this edition of Al-Zaytonah (on Friday September 5, 2003), Dr. Al-Ashqar would have surrendered himself to the prison authority in Chicago, on charges of “Court Disrespectful”, or “Civil Disobedience”, because of his refusal to testify, as requested by the Government, to indict/incriminate other community members, leaders and American Islamic institutions without any merit, as Dr. Al-Ashqar states. Dr. Al-Ashqar was detained once before in 1998 for a six months period on the same case background, where he conducted a hunger strike during his entire detained period until the court ordered his release after it was convinced that his imprisonment will not influence him to change his convections and testimony of what he considers an act of “treason” that would only benefit the Zionist lobby and the State of Israel. What is unique about Dr. Al-Ashqar case is that it is the first time in the United States where a person is persecuted twice on the same case, even though he was previously detained on the same case and both the Government and the presiding judge were convinced that he will not back-peddle on his principles of not providing a testimony that may be used to construct an indictment to others from the American Arab and Muslim community. Al-Zaytonah conducted this comprehensive interview with Dr. Al-Ashqar, before he departed to Chicago to surrender himself, in an effort to present the full and comprehensive facts related to his case, which Dr. Al-Ashqar considers as the beginning of a calculated campaign targeting others in the community for the purpose of pre-occupying and diverting the community from standing for their civil and constitutional rights and to force them to compromise on the major Muslim priority issue, the “Palestine” issue, within the basic rights guaranteed by the US constitution. * Dr. Al-Ashqar, please start by telling us the details of your case with the American government and the judicial system: In 1998, I filed for political asylum and during the interview; the immigration officer in charge initially approved my application that was later reversed (denied) and the application was switched to an immigration court and since then, they procrastinated until the new “Patriot Act” was released. At that point they presented what they considered as evidence against my political asylum case, over 6,000 pages grouped in 11 folders and consisting of compilation of telephone record transcripts, bank statement records, news articles and some confessions provided by the Israeli intelligence, and they considered all of it as reasons to deny my asylum application. A hearing was scheduled for my asylum application and they called 3 witnesses. One of them was an ex-officer in the Israeli intelligence from 1974 to 1991, named “Reavon Baz”. Another was a zionist that worked for an institution, in the Washington DC area, that supports the Zionist Israeli state, named Matthew Leeft. The court sessions were twice postponed because they coincide with some Jewish holidays and where Reavon Baz could not attend. In the last court session of June 16, which the judge considered it the final session, the government asked me before the start of the session to testify against some community activists and to confess that some of the institutions were an arm for “HAMAS”, I requested to pull my asylum application and to leave the country within 2 months. On the same day that I pulled my asylum application, the US Justice Department handed me a federal subpoena to appear in front of a grand jury in Chicago on June 25, 2003. When I went there they asked me about some Islamic organizations, some Imams (Muslim clerics) and some community activists, which I refused to testify. The court granted me immunity, which, per the law, requires the person to answer all questions addressed to him, and if he refuses to answer the court questions after being granted immunity, it will be considered as civil disobedience, which would allow the court to detain him for being disrespectful to the court and for civil disobedience. * You did submit an application for political asylum that you withdrew later in coordination with the government, as I understood, but as you discussed, you were handed on that same day a subpoena to appear in front of a grand jury in Chicago. My question here is were you tricked or mislead by the government to withdrew your political asylum application and giving you 2 months to depart? or, are there other legal explanations for what the government have done?: As a matter of fact, withdrawing a political asylum is a legal right for the individual requesting it, which gives the applicant 2 months period to voluntarily depart. * What were your reasons to withdrew the application?: As I stated, I refused to provide a testimony in the immigration court because their goal was not to inquire why my application asylum was submitted, which is the normal court procession, rather, they wanted to use my situation and my testimony to achieve what they have failed to do in 1998, which is that that I would testify against some of the activists and institutions working for Islam and Palestine in and outside the US. * Many wonder since the court granted you ”immunity” for all what you would have testified, and since you always maintained that you have no ties to HAMAS, as accused by the government, then what is preventing you from providing a testimony? What is the issue or issues that you are trying to conceal?: First, I have nothing to conceal, but since the early nineties, I have been subjected to all kinds of surveillance. My phone, house, vehicle, stalking and even at the university they tried to get a hold of my folders and place I worked. More they tried to obtain copies of my medical files from the physicians that I visit, so they know everything about me. The issue is not collecting information, which is the first point. Second, the goal as they told me in 1996 is to: “obtain your testimony to incriminate some activists whom you came to know and affix cases against them”. The goal is not to collect information as much as to be an “informant” and stand in front of the court to incriminate some activists. Third, the issue is not whether I possess information or not, the principle matter to me is that a Moslem will not subject his Moslem brother(s) to unfair and untrue circumstance that may cause him unjust, harm and humiliation. Fourth, this is a mean for revenge only. I always question why now? Each time I wanted to change my legal status they open my folder again. The purpose of calling me is a way to revenge, not to collect information. It is a punishment measure because there isn’t anything against me. They call me to testify in front of the court and when I refuse to testify they detain me. Why are the activists for Palestine are being haunted while the American Zionists living in illegal settlements, as formally classified by the American administration, in the West Bank and Gaza Strip serving in the Israeli army and killing scores of innocent Palestinian and join in the activities of Zionist gangs where they get trained in Israel and return to live in the US without persecution, while we are being targeted based on our race, religion or political affiliations?! This is an unjust situation and it should be brought to an end. * Shall we understand that the government is simply asking you to falsely testify to incriminate Muslim activists and American Muslim institutions?: Keep in mind that if I accepted to testify and stated what the government does not consider truth, I may be subjected to legal punishment. Under all scenarios, if I don’t state what the government wants, it will be construed it as “false” testimony which will lead to my persecution and punishment. Despite that, the matter for me is not whether to testify or not, the matter is very clear in my own mind, which is a Moslem will not subject his Moslem brother(s) to unfair and untrue circumstance that may cause him unjust, harm and humiliation. We should not serve as “informants” testifying against each other and assist the government which has nothing to benefit from be enemy Islam, Moslems and the workers for justice in Palestine, rather, it all benefit the Zionist lobby. We will not stand to assist the Zionist lobby under any circumstance and at any cost. * What I gather from your talk is that your case is truly not about you personally, but you are a “tool”, as the government sees you, to get to other individuals and Islamic institutions....so if you speak, your case will be closed. Is this a correct understanding?: I ask the community and everyone to realize that no crimes were assessed against me and I was never indicted, and that “civil disobedience” is not a crime but it is a way to exert pressure on an individual to force him to testify. I do not defend myself here and I hope that everyone understands this very well. I am defending my principle and our guaranteed rights. If the matter was personnel to me then I was granted “immunity” by the court, as stated earlier, which means that any testimony by me could only be used against other individuals and not against me. I was also offered kind of a protection program by the government for me and my entire family members in Palestine, which the government have offered to bring them all from Palestine and grant them all American citizenship. However, we see things from a much bigger prospective and from bigger goals. We see matters through the cause that we have pledged our lived to defend. And as stated by the late Sayyed Qutub, may ALLAH bless his sole,: “Life appear very small if we live for ourselves, very large if we live for others…for an idea (cause)”. * I have a two-part question, on September 3rd you will appeal the judge’s order to send you to jail on September 5th, First, what do you expect from the appeal court? Secondly, as you stated that imprisonment for civil disobedience is not a punishment, but a pressure measure, are you planning this time to yield to such government pressure and to speak about what they want of you?: About imprisonment, they are well aware from their prior attempts that the matter for me is not subject for negotiations or compromise. In the past, they have tried everything to persuade me to testify and to help them achieve what they wanted. They offered my many “rewards” including money, citizenship and jobs. They even offered me a cabinet position in the Palestinian Authority self-ruling government. Then it was ALLAH’s well that I was imprisoned in 1998 where I spent 6 months in detention where I started a “hunger strike” that almost killed me. Never crossed my mind at any minute during that time to re-evaluate my position. Now they are thinking again that: “imprisonment may change his mind. Now he is 45 years old and when we imprisoned him the first round he was 40 years old. Circumstances have changed and his understanding of life is better. It is possible that he changes his mind this round and testifies”. These are ways to punish me at any cost. They can’t find anything to pin on me so they revert to the “civil disobedience”. About your first question regarding the appeal process, I do not hang many hopes on it, but as Moslems we are required to “do diligence” and to knock on all doors and do not let an opportunity passes by without trying to realize a benefit from it but with the condition of never let go of our principles at any cost. * The question that remains and still in need of further clarification is why is the government is after you specifically? And what does the government think that you are hiding? In 1998 you were detained for 6 months that you spent on hunger strike and refused to testify, and now the government is opening your file again. What do you have that the government wants?: Allow me to talk about several points here. First, this is a political battle for the benefit of the Zionist state (Israel), the Zionist lobby and the fundamental right. The battle is political even though it has a legal face. Second, my case is the beginning of a smear campaign and not the end. I am not personally targeted here, but the goal is to “outlaw” the Palestinian and Islamic activities in this country. Third, I am targeted based on a request from the Israeli government, as admitted by the US government. Last week, the Israeli Channel 2 published a report about me and they accused me of being associated with HAMAS and some of HAMAS activists. * Direct question…Do you have any affiliation with HAMAS?: I came to the United States in 1989 on an American scholarship, “Thomas Jefferson Fellowship”, and since then I have not left the US and never returned to Palestine. My crime is that I have tried to serve my cause, the Palestinian people cause and the Muslims cause in the land of Aqsa in Jerusalem and within the available and allowable legal avenues. HAMAS was considered a weak organization at that time. * What month in 1989 you arrived here in America?: I came in November, before the 2nd anniversary of the first Palestinian “Intifada”. * Then before HAMAS was transformed to a militant group conducting large scale military operations?: Yes. HAMAS became a militant group approximately in 1994. * But the government accuses you of establishing the “Aqsa Foundation for Education” and that through this foundation you have sponsored and supported many projects belonging to HAMAS in the occupied territory? In 1993 and as an attempt to serve my people’s cause within the legal system here, I have established along with other brothers this educational foundation. Our goal for the foundation was to promote education and provide some scholarships to needy families and specifically the orphans in Palestine. Unfortunately the project was unsuccessful, despite us doing our best. We managed to load 2 containers with books and we collected money and we send it all to organizations authorized by the Israeli government, and the money was sent through Israeli banks, and I presented to the court a comprehensive expenditures list, which I was not questioned about. As I said the project was in its beginning stages and it was dead before its 2nd anniversary. It is never easy to “market” education, plus I got busy away from the project as I got into an accident hat caused a fraction to my lower back, which stopped me from following the project. * Did this Foundation concentrate on educational institutions or charitable ones?: No. The concentration effort was on educational institutions in Palestine. * But you just stated that you have supported Palestinian Orphans?: Yes. I said that we sponsored orphans but for the purpose of helping them complete their studies. As I said earlier, all these were just flying thoughts that only the few were implemented. We specifically mainly supported an institution in Jerusalem authorized by the Israeli Interior Ministry, or an association in the 1948 occupied territory, also licensed by the Israeli Interior Ministry. We also sponsored some students abroad based on recommendations from the Jerusalem institution. There were no legal violations, and as I mentioned, it is a political matter covered with a legal face. * The government says that you have represented the Islamic University in Gaza in the United States and it considers this university an institution affiliated with HAMAS. This is one of the aspects the government has against you?: The Islamic University in Gaza is not a HAMAS institution. The Islamic University is a higher education institute serving the entire Palestinian people. It is a credited institute; it is represented in the Higher Education Council and it is also overseen by the Palestinian Ministry of Higher Education. Part of its financing is provided by the European Union and the other is collected from student tuitions, donations and assistants of honorable men in the Muslim world. What happened is when I came to the United States, during the time when the Arab world was boycotting Israel, and as a result of this situation there were no open lines of communications; no phones, no mail, no financial transactions, I was asked by the University, based on my previous position as a Public Relation Manager, to assist in their contacts with the University leadership in Jordan, its Oversight Committee abroad and in some financial transactions. I did my best to help them and the effort continued until mail services and bank financial transactions were later established directly with the Arab World and my services were terminated, as it was no longer needed. This is all well documented in a letter from the former University president, Dr. Mohammed Ahmed Saqr and also in a letter from the former acting University president, Dr. Ahmed Abu Halabiyyah. * Another side of the government’s case against you is that you had a relationship with the former head of the political wing of HAMAS, and currently a member of its political office, Dr. Mussa Abu Marzooq?: Dr. Mussa Abu Marzooq was a one of the members of the University Oversight Committee and that was the extent of my relationship with him. * In 1998 when the government detained you, you went on a hunger strike for 6 months and you were nearing death then. The scenario now repeats itself and many will wonder that if you are truly innocent, why don’t you just testify about what you know and close your case here and let the individuals and institution that the government want you to testify against, let them stand to defend themselves in front of the judiciary system. If they are innocent it will be proven, and if guilty, then let them face the legal punishment for breaking the laws?: As I said earlier the matter is a matter of principle. Every Moslem should be guarding Islam and stands to protect his share, and he should not the weak link. As I said, the goal is not to collect information as much as it is part of a systematic campaign to build cases and to incriminate the Muslim and Palestinian work in the US, which is currently work within the legal boundaries of the system. * Let us go back to the hunger strike that you went through for 6 month last times, do you plan to repeat it (the hunger strike) if you ended up in jail on September 5th? Or are there other means to protest that you are planning to take?: My hunger strike in 1998 was part of my protest against the way the FBI and the US Attorney Office treated me, which went far beyond legal, human and ethical boundaries. This way to protest was my only option. This round, I pray to ALLAH to guide them to see the truth and to make the right decision and let me depart freely. I have obtained a work contract and a visa from one of the universities in the Gulf region, but they did not allow me to travel, and I pray to ALLAH to guide them to let me go. Until now I did not make a final decision regarding going on a hunger strike, but I am mentally and physically ready to perform any act to protest the way I was treated by the FBI, US General Attorney and other government agencies, and specifically the letter from the John Ashcroft (Attorney General) swearing that my case details remain secrete, even though there are no secret evidence here. They contended that exposing the case information would jeopardize national security. This is all part of a propaganda campaign to misguide the presiding judge and the public that there is something big of thru substance here, while the factual truth is there is nothing. * You stated that you have a work contract and visa from one of the Gulf universities, many will wonder why you did not depart before the government rekindled its case against you?: First, I did not have a valid travel document in my position. Secondly, each time I wanted to depart, the government would interfere. To give you an example, in 1998 I interviewed with one of the universities in the Gulf region, in the same week I received an order to appear in front of a grand jury in New York. In other words, they do not want me to depart and I really want the community to fully and clearly understand this. I no longer want to stay in this country that rejects me, but I am wanted by the Israelis, and as such I can’t go back to Palestine, and on another hand, I was threatened by the federal attorney general in Mississippi State that they will not let me live a normal life wherever I go. And since then, they targeted me during my studies and my career, and each time I wanted to depart, they would create a new situation for me. Again, another reason I could not travel before is lack of valid travel documentations. * You stated during this interview that the US Attorney General is personally interested in your case, even to the extent that he would provide a sworn statement stating that exposing your case details and the evidence against you will jeopardize national security. The question is: Why would the Attorney General put himself in this situation, a situation that misguides justice if the allegations against you are political and not legal nature? Again what is it that the government is seeking and it insists that you have that would cause the General Attorney to put his future political career on the line?: Since the September 11 incidents the main goal for the security
systems, the fundamental right and the Zionist lobby is to hurt
and damage the Islamic work in the United States in general, and
in particular the Palestinian portion and trying to outlaw it. The
issue as I stated earlier is that I am the beginning of this campaign
and not the end of it. The beginning is because I am Palestinian;
my legal situation with the immigration office is weak. I do not
have a citizenship nor was granted residency. All what I had was
my political asylum application. The other situation is the continuous
pressure exerted by the Israeli government on the US government
relating to my situation. I am an activist in the field of promoting
and educating public awareness and general American public opinions
on the Palestinian cause and other Islamic causes in general. I
have always tried to build bridges with institutions active in Human
Right issues and with other minority organizations to better understanding
of the Palestinian cause. I worked with the Moslem community to
promote the Palestinian issue, its importance explaining it and
explaining the challenges it faces, and try to influence the decision
makers in the US Congress in Washington to have them revisit and
reevaluate their standing positions and opinions of unlimited supports
and sympathizes with the Zionist state. Therefore, I was an easy
target for the government. As stated earlier, their reasoning for
granting me immunity was to hurt some of the institutions and activists
working in Palestine through me. Recently, a new case aroused, which
has to do with the head of the Islamic Movement in occupied Palestine
(land of 1948), Sheikh Raed Salah, and with Dr. Sulaiman Ighbariyyah,
the Mayor of Umm A-Fahm town, or in other words the protectors of
Al Aqsa, and the foundation to care for Al-Aqsa Mosque and other
Islamic holy sites, which is headed by Sheikh Raed Salah. My name
did come up as an alleged affiliate during the Israeli government
investigation with them. The truth is that I know them when I was
a student at Bier Zeit University and I have a personal relationship
with them and we both share in the same goal of defending and protecting
“Al-Aqsa” and stand against giving it a new Jewish facade,
which I strongly believe is the main task for the community, even
as I tried to highlight the issue by mobilizing the community. This is a good question. The framework that I bound myself to work with, and I wish everyone does, is summarized on the fact that we are living in the United States and we must therefore respect and work within the system and laws of the United States. Secondly, we should not have any connections with any foreign entity regardless of the matter. Thirdly, we should work within our understanding of the culture of this country and the available avenues of this country, such as political, legal, charitable, and humanitarian avenues. I tried during the time I’ve been in this country to organize demonstrations, issue statements, and trying to build bridges with other minorities and civil rights and humanitarian institutions. About affiliation with any foreign organization/group, I do not approve of such relationship and I consider it wrong, which may harm the community, and I wish that the community members maintain and follow these guidelines.
Unfortunately as a matter a fact, they fought me with all means available to them, by doing that, they think that they will exert pressure upon me and that I would surrender, but they forget what Allah said: “Isn’t Allah protecting his servants and they attempt to scare you with those underneath him.” They tried to fight me career-wise, in my education, even with my treatment, and they tried to fight me in my attempts to establish a normal life. But thanks to Allah always. About the Howard University issue, some government sources contacted the university administration and they conveyed all the information about me to the school. The university became concerned about my status with them, especially since part of the university budget comes from the federal government. The university did not want to escalate the issue with the government and the easy decision for them was to refuse renewing my work permit, despite the fact that the decision to renew should have been decided by March 15th, the university issued its decision for non- renewal for next year on the same day that I received the subpoena order to appear in front of grand jury in Chicago.
* Any last words to the community? : I am truly always thankful to the community. When I was detained last time, in 1998, the community took a strong stance with me, especially the community in New Jersey, New York, and Washington areas. They offered their maximum efforts to defend me, ranging from attending court precessions, sending the judge letters of support to me, and rising required funds to pay for the defense lawyers. Now all of what I ask from the community is to keep me in their dua’a and to please understand that I have never been charged of anything and no indictment against me exist and that I do not defend myself here, but I defend others. I want to tell them that we should all stand firm and united, and we don’t point accusation fingers at each other, and that we should cooperate to abort this campaign that is trying to split our community against each other and drag us in to the low world of treason and betrayal, which would achieve its goal of outlawing the American Islamic and Palestinian work in this country to only serve the Zionist lobby inside and outside the United States. * That means that you see the case as a bigger issue of community right issue?: The community is being targeted and as a matter of fact, I do not exaggerate when I say that Islam in this country is what is truly being targeted here. They are on a systematic campaign to strap us from any achievements and activities guaranteed to us by the constitution and by freedom of religion. They are on a path to outlaw our activities. Slowly in this country we are approaching similar living conditions that the Palestinians have to endure under the Israeli occupation. * Do you consider the case a war on the civil and constitutional rights of the American Arab and Muslim communities? Or is it just another chapter of the Zionist war in Palestine?: The community is again being targeted to weaken it and to strip it of its civil and legal rights and to preoccupy its resources, time and money in front of the court systems. So instead of growing and benefiting the community, it will step back from many of its achievements that were realized in past decades. * After your unpleasant experience with the government as you detailed for us in this interview, do you advise the community to be scared and cautious? Or do you call upon them to be more resilient on issues that involve their legal, political and constitutional rights?: Based on what I have been through, I have adopted the once stated conclusion: “work for your life as if you are forever living, and work for your end as if you are dying tomorrow”. This reflects our living condition here. There is absolutely no reason to be scared since we did not commit any mistakes or crimes. We are messengers of truth and we defend truth. And at the end ALLAH states that “ALLAH is the one who shall protect the believers, ALLAH does not betrayals”. Also it was once said that the wolf would only eat the lone sheep. There is no room here to back-off and back-peddle. To the contrary, the more we back-off, the fiercer the campaign against our community become, and the more we get stronger, the more the campaign is retreated and defeated, ALLAH’s willing.
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