The writer is a member of the Committee for Justice for the LA8.
On Jan. 30, the U.S. government suffered a major defeat in its 20-year attempt to silence and deport the “Los Angeles Eight” (LA8). Federal immigration judge Bruce J. Einhorn ordered an end to deportation proceedings against Michel Shehadeh and Khader Hamide, the two remaining members of the LA8 being pursued by the government.
The Eight—seven Palestinians and one Kenyan—were arrested in 1987 for advocating on behalf of the Palestinian
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Einhorn’s decision said that the government had violated the constitutional rights of Shehadeh and Hamide by its “gross failure” to comply with his earlier instructions to produce “potentially exculpatory and other relevant information.”
Eihnorn’s 11-page opinion attacked the U.S. governments conduct throughout the case. He opened his opinion by stating that “the attenuation of these proceedings is a festering wound on the body of respondents and an embarrassment to the rule of law.” The opinion was Eihnorn’s last. He retired the same day it was issued.
The LA8 have suffered the wrath of racist government repression since the day the case began. Its long and tortured legal history is nearly unparalleled in the United States.
Attack on Palestinian movement
When the government first arrested the Eight on Jan. 26, 1987, they were charged with advocating “world communism” based on their political associations.
The government has openly admitted the political nature of the charges. William Webster, the director of the FBI at the time of the arrests, testified before Congress that the Eight had not engaged in criminal activity and could not have been legally arrested if they had been U.S. citizens.
The 1952 McCarran-Walter Act, however, made it a deportable offense for an immigrant or naturalized citizen to engage in activities deemed “subversive” by the government. Used during the McCarthy period as a tool of repression against communists and other political activists, the act was repealed by Congress after a federal court declared it unconstitutional in 1989.
But government harassment of the Eight did not cease. It renewed the campaign to deport Shehadeh and Hamide using “anti-terrorist” laws. On several occasions the federal courts ruled that the LA8 had not been involved in criminal or terrorist activities—instead, the government had violated the First Amendment by selectively targeting the eight for constitutionally protected political activities.
The case reached the Supreme Court in 1999 after Congress had legalized the selective deportation of immigrants three years earlier.
In a major setback for the Eight, the Supreme Court ruled that immigrants are not entitled to basic constitutional rights such as free speech, due process, equal protection and protection against selective prosecution. The shocking decision opened the door for immigrants to be deported on the basis of their political views. The LA8 were called back into immigration court where they were barred from arguing the constitutional deficiencies of the government’s case.
Then, in the wake of Sept. 11, 2001, confirmed that the LA8 case was a test case for its new repressive laws by charging the Eight under the Patriot Act. The case landed before Einhorn as the government was forced to prove that the act should apply to the case.
Movement to win justice
For 18 years, a people’s defense movement has stood by the LA8, demanding that all charges be dropped. Organizations and individuals have shown solidarity and worked tirelessly to win justice for the Eight. Noted civil rights attorneys like Leonard Weinglass, David Cole and Marc Van Der Hout of the National Lawyers Guild have spent countless hours advocating for them in court.
There have been ups and downs in the case with some important victories along the way. For example, in late 2006, Aiad Barakat, another member of the LA8, was sworn in as a U.S. citizen in Los Angeles.
Now, total victory is closer than ever. The Jan. 30 decision could lead to the termination of the case against Shehadeh and Hamide. It should be celebrated by all people who strive for justice in the United States.
“On behalf of the LA8 and their families, a big thank you and gratitude to each and everyone who helped us in any way to make this win possible,” said Michel Shehadeh in a Jan. 30 statement released on Committee4justice.com.
Despite this historic victory, the Eight’s supporters know that the movement must be vigilant. “It is not over yet. The government most likely will appeal the decision; there is no indication that they will let this go despite all the legal and political embarrassment. Therefore, we have to stay alert and ready to move forward in supporting this important case whenever and for whatever needed to end this injustice.” (Committee4justice.com)
Shehadeh is cautiously optimistic about the future of the case. He told PSLweb.org, “We’ve lived with this case for 20 years, but we are confident now more than ever that we will receive justice soon. The government’s case gets weaker and weaker with every single defeat.”
Click here to read the Feb. 6 LA Times op-ed by Michel Shehadeh.
