From: [email protected]
[mailto:[email protected]] On Behalf Of Ingrid
Sent: Thursday, January 14, 2010 4:45 PM
Subject: Congressman Nadler Demands Answers on Extraordinary Rendition

 

Please circulate and post this letter far and wide!

 

To all -

 

now that Ernst Zundel's illegal 7- year incarceration following a political
kidnapping is coming to an end, we are working on both sides of the Atlantic
to remove the equally illegal 20-year bar on coming back to his family. 

 

So far, I have done the following:

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to TN Senator Lamar Alexander. 

 

Result:  I received a prompt, courteous phone call, and the Senator's office
is investigating.

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to TN Senator Bob Corker. 

 

Result:  After a few days, I received a rather hostile call from his office,
telling me "We cannot help you!"  I told them that I insisted on a personal
visit.  Thereupon I was told that I would be notified regarding a convenient
appointment.

 

In a second phone call I was told that Homeland Security had been contacted
by Senator Corker's office about Ernst's case - "... they recognized his
name"  - and "... your husband will not be allowed to come back to the US." 

 

I replied that that was open to challenge - and I would still like to come
to the Senator's office in order to present my case personally to the
Senator or his representative.  After again being strongly discouraged from
a personal visit - about a 3-hour drive from where I live - I succeeded in
getting an appointment, and I will be there Jan 19.  I will keep you
informed on the outcome.

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to my Congressman, John Duncan.   

 

Result:  So far, there has been no response.

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to Tennessee Governor Bredesen. 

 

Result:  So far, there has been no response.

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to the Knoxville Sentinel News. 

 

Result:  So far, there has been no response.

 

****  I sent a certified, return receipt letter plus notarized summary
documentation to the German Frankfurter Allgemeine Zeitung, a daily that
has, in the past, run several in-depth and rather fair articles on the
Zundel Case. 

 

Result:  So far, there has been no response. 

 

I will keep my readers informed on what develops next. 

 

Meanwhile, I found this rather interesting exchange on political kidnappings
- euphemistically called "Extraordinary Renditions" - between Congressman
Jerrold Nadler, D-NY, and then Attorney General, Alberto Gonzales. 

 

[START]

 

Nadler Demands Answers on Extraordinary Rendition

In letter to Attorney General, Nadler questions legal basis of
Administration's policies


TUESDAY, 02 JANUARY 2007

WASHINGTON, D.C. - Today, U.S. Representative Jerrold Nadler (D-NY),
presumptive Chairman of the House Judiciary Committee's Subcommittee on the
Constitution, sent the following letter to U.S. Attorney General Alberto
Gonzales:

January 3, 2006


Hon. Alberto R. Gonzales
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Attorney General:

I am writing to follow up on the House Judiciary Committee's Oversight
Hearing of the Department of Justice, held on April 6, 2006[1]. During that
hearing, you responded on several occasions that you wanted the opportunity
to get back to me.[2] To date, you have not yet provided a response to any
of my questions. I would appreciate receiving your response no later than
January 22, 2007.

Regarding the subject of extraordinary rendition and the case of a Canadian
citizen, Maher Arar, we had the following exchange:

Mr. NADLER. Thank you. Secondly, I have a question about the practice of
extraordinary rendition, particularly rendition to repressive countries we
know practice torture. There's one widely publicized case that illustrates
the issue. A Canadian citizen, Mr. Arar, was detained in 2002 at JFK Airport
in New York as a suspected terrorist. He was on his way home to Canada,
changing planes at Kennedy. He was grabbed by CIA agents, I gather, secretly
deported to Syria where he endured 10 months of torture in a Syrian prison.


After the Syrians determined that he didn't know anything about terror, they
released him. Upon his release, he declared at a news conference that he had
pleaded with U.S. authorities to let him continue on to Canada, where he has
lived for over 15 years, and his family, but instead, he was flown under
U.S. guard to Jordan, and handed over to Syria, where he had been born, and
where he was then tortured.

Does the United States Government claim the authority to kidnap anybody at a
U.S. airport, and without any administrative or judicial process of any
sort, put that person on a plane to a torture-practicing nation? We do not
claim that authority. Or do we?

Attorney General GONZALES. We have international agreements, which we are a
party to, where the United States has agreed, has committed, that it will
not render someone to another country, where we believe it's more likely
than not--

Mr. NADLER. Well, do we claim the authority to render someone to another
country-let's assume we believe they're not going to use torture-by what
right do we-legal right, do we pick someone up at an airport and deny him
the right to continue to Canada which is where he's a citizen of, and send
them to Syria without any kind of administrative or judicial process?

Attorney General GONZALES. Well, I'm not commenting as to what actually may
have happened or may not have--

Mr. NADLER. Do we claim the right to do that? Whatever happened in that
case, is that something we claim the right to do?

Attorney General GONZALES. I don't know, but I would be happy to get back to
you on that.

Mr. NADLER. You don't know if we claim the right to do that because the
Government defended that in court, your Department defended that in court.

Attorney General GONZALES. Before I comment any further on that,
Congressman, I'd like the opportunity to get back to you.

Mr. NADLER. Okay. And let me further ask, since we have done this, and since
your Department has defended this in court, specifically in the Eastern
District, is this practice limited only to airports, or do we claim the
right to take people going about their business, walking on the street,
grocery shopping, window shopping, at the mall, suddenly and unexpectedly to
grab them and to deport them to places like Syria without any evidence,
without any due process? Do we claim that right? And if we don't claim that
right, why do we claim it at airports?

Attorney General GONZALES. Mr. Congressman, I'm not going to get into
specific, what we do, what we don't do. What I can say is that we understand
what our legal obligations are, we follow the law.

Mr. NADLER. Let me ask you the last question then. Can you assure this
Committee that the United States Government will not grab anybody at an
airport or anyplace in U.S. territory, and send them to another country
without some sort of due process?

Attorney General GONZALES. Well, what I can tell you is that we're going to
follow the law in terms of what--

Mr. NADLER. Well, does the law permit us to send someone to another country
without any due process, without a hearing before an administrative, an
immigration judge or somebody? Just grab them off the street and put them on
a plane, goodbye without-we've done that. Does the law permit us to do that?
Do we claim that right?

Attorney General GONZALES. I'm not going to confirm that we've done that--

Mr. NADLER. Well, wait a minute. That was confirmed in court. There's no
question it was done.

Chairman SENSENBRENNER. The gentleman's time--

Mr. NADLER. Do we claim the right to do it?

Chairman SENSENBRENNER. The gentleman's time has expired.

Mr. NADLER. Could he answer the question, please?

Chairman SENSENBRENNER. The gentleman's time has expired. I yield myself the
last 5 minutes.[3]

Regrettably, Chairman Sensenbrenner did not afford you the opportunity to
provide a clear answer to these questions, free from ambiguity or evasion.
You did, as the transcript reflects, offer to get back to me. Please do so.
In particular, please respond to the following questions:

1. Without confirming or denying any particular action with respect to any
particular individual or any case, is it the position of the United States
that we may lawfully take an individual into custody in the United States,
remove that person to another country or turn that individual over to the
custody of another government without any form of due process? Due process
includes the ability to consult with an attorney, a review by an impartial
finder of fact and the ability to know the basis for being taken into
custody, being removed or turned over to the custody of another country.


2. If the individual is a national of a third country, is it the position of
the United States that we are not legally obliged to inform that third
country of our actions with respect to that national in any or all cases? If
we are so obliged, what is the extent of our legal obligations?

3. To the extent that the United States takes the position that it has the
legal authority to take a person into custody and remove that person in the
manner described above, is this authority limited to any particular
location, such as a location other than the United States, U.S. territories,
possessions, or territorial waters, an airport or other point of entry? Or
does it apply to any location in the United States? If so, to which
locations does this authority apply?

4. To the extent that the United States claims such legal authority, does
this authority apply only with respect to foreign nationals, or does it
apply equally or to a lesser extent to U.S. citizens? If it applies only to
foreign nationals, is the claimed authority further limited by their status,
for example a permanent resident, a person out of legal status or a person
at a point of entry to the United States deemed not to have entered the
United States?

For each of your answers, please provide any filings made by the United
States in a legal proceeding relating to the questions posed above. Please
also include the legal basis for each answer.

Thank you for agreeing to provide answers to the questions I posed during
the Committee's hearing. I realize that the limited time provided during
these hearings is not always conducive to a full examination of these very
important issues. I look forward to receiving your responses by January 22,
2007.

If you have any questions concerning this request, please feel free to
contact me or David Lachmann (202.225.6906) at the House Judiciary
Subcommittee on the Constitution.

Sincerely,                                                   
Jerrold Nadler                                             
Ranking Democratic Member                     

Subcommittee on the Constitution 

 

[END]

 

 

 

 

 

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