Rasmea’s attorney hits it out of the park in appellate court
Appealing the November 2014 federal conviction of prominent
Palestinian-American activist Rasmea Odeh, lead defense attorney
Michael Deutsch gave a powerful oral argument in front of a
panel of three judges—Alice Batchelder, Karen Moore, and John
Rogers—in Cincinnati, at the U.S. Court of Appeals for the 6th
Circuit.
Hammering home the point that Rasmea never
received a full and fair trial in Detroit last year,
Deutsch deftly addressed the judges’ questions, and made a
compelling argument that, at her trial for Unlawful Procurement
of Naturalization, she should have been able to testify about
her state of mind when she filled out her citizenship
application in 2004.
The Department of Homeland Security arrested Odeh on October
22, 2013, and charged her for allegedly failing to disclose, in
that application for U.S. citizenship, that she was arrested in
Palestine in 1969 and tried in an Israeli military court that convicts
99.74% of Palestinians who come before it. Odeh’s
conviction in Palestine in 1970 was based on a
forced confession that was obtained after she was viciously
tortured and sexually assaulted by the Israelis.
Odeh suffers from Post-Traumatic Stress Disorder (PTSD) because
of this torture, which according to world renowned psychologist,
Dr. Mary Fabri, caused her to suppress the horrible recollection
of the arrest when she answered questions in the application.
Fabri testified in a pre-trial hearing, prompting Judge Gershwin
Drain to initially rule that she can testify at trial. But he
almost immediately reversed himself after a prosecution filing,
and ultimately disallowed any evidence about the rape and
torture. Deutsch was convincing in his claims that this was a
legal error, and that Rasmea must be afforded the chance to tell
her story.
Prosecutor Jonathan Tukel, who supporters of Rasmea remember as
the lawyer who tried to bully her during the trial, continued
with his tired arguments, claiming that testimony from a
psychologist should be inadmissible and could not stand up to
scrutiny. The judges responded by pointing out that the legal
precedent he was citing was an unpublished opinion, not any kind
of legal precedent the court is bound to uphold.
Rasmea’s supporters were silently thrilled to watch the judges
press Tukel, who was unable to offer any reason that she should
not be entitled to have an expert testify in her defense.
Instead, Judge Rogers’ remarks reinforced the idea that expert
testimony could potentially establish reasonable doubt that
Rasmea knowingly misled immigration officials.
Following the thirty-minute hearing, Rasmea, her attorneys, and
her supporters joined a number of additional followers outside
the courthouse for a rally featuring Deutsch, Frank Chapman of
the Chicago Alliance Against Racist and Political Repression,
Brian Taylor of Black Lives Matter Cincinnati, Jess Sundin of
the Committee to Stop FBI Repression, and others. Visibly
excited and motivated by what they had heard in the appellate
court, the crowd of over 100 held posters, raised chants, and
echoed Rasmea’s own determination to beat back this attack on
her and on the Palestine liberation struggle.
Chapman, a veteran Black organizer who is extremely popular
with Palestinians in Chicago, and who has traveled to almost all
of Rasmea’s court appearances, said, “Make no mistake; this is a
racist, political prosecution against Rasmea because she is a
Palestinian who organizes for her people’s liberation.”
Deutsch thanked the crowd and explained how important it is to
fill the courtroom. “It means a lot to Rasmea, and also shows
the court that she is loved and respected,” he said.
He then answered questions about the appeals process, saying
that a decision could be rendered between one and four months
from now. If the court agrees with the defense and overturns the
conviction and the sentencing, the case gets sent back to the
prosecution to possibly re-file charges, whereupon the entire
trial process begins anew. But this time, evidence of torture,
Post-Traumatic Stress Disorder (PTSD), etc., would be allowed
into the courtroom. Also, the court, without reversing the
conviction, could simply compel Judge Drain to allow for another
evidentiary hearing with Dr. Fabri. Alternatively, if the court
upholds the conviction but disagrees with the sentence, the
appellate judges send new sentencing guidelines back to Drain
for re-sentencing.
In the worst possible scenario, her conviction and sentencing
would be upheld, meaning that she would have to serve 18 months
in prison and then be deported. If this happens without the
decision being unanimous, the defense could ask that all of the
6th Circuit appellate court judges, not just the three
panelists, review the case. If this does not work, then a last
ditch effort could be an attempt to appeal to the Supreme Court,
which hears only 2% of cases filed.
The Rasmea Defense Committee organized two busloads of
Chicagoans to Cincinnati, as well as dozens of other supporters
from Florida, Georgia, Minnesota, Wisconsin, Indiana, Michigan,
and Ohio. We have succeeded in building a national movement to
stand by Rasmea, to protest this attack on her, to stand with
her at every court date, and to fully fund her defense. We call
on everyone to continue supporting our fundraising,
organizing public events, and pitching Rasmea’s story to
media across the country and the world.
There is still much more organizing to be done!
The Rasmea
Defense Committee is led by United
States Palestinian Community Network (USPCN), Committee to Stop FBI
Repression (CSFR), and Coalition to Protect People’s
Rights (CPPR).
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