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November 8, 2012

The political trial of a caring man and the end of justice in America

By John Pilger

In 1999, I travelled to Iraq with Denis Halliday who had resigned as assistant
Secretary-General of the United Nations rather than enforce a punitive UN embargo
on Iraq. Devised and policed by the United States and Britain, the extreme suffering
caused by these "sanctions" included, according to Unicef, the deaths of half a million
Iraqi infants under the age of five.

Ten years later, in New York, I met the senior British official responsible for the
imposition of sanctions. He is Carne Ross, once known in the UN as "Mr.Iraq". I read
to him a statement he made to a parliamentary select committee in 2007 : "The weight
of evidence clearly indicates that sanctions caused massive human suffering among
ordinary Iraqis, particularly children. We, the US and UK governments, were the
primary engineers and offenders of sanctions and were well aware of this evidence at
the time but we largely ignored it or blamed it on the Saddam government. [We]
effectively denied the entire population a means to live."

I said, "That's a shocking admission."

"Yes, I agree," he replied, "I feel very ashamed about it... Before I went to New York, I
went to the Foreign Office expecting a briefing on the vast piles of weapons that we
still thought Iraq possessed, and the desk officer sort of looked at me slightly
sheepishly and said, 'Well actually, we don't think there is anything in Iraq.' "

That was 1997, more than five years before George W. Bush and Tony Blair invaded
Iraq for reasons they knew were fabricated. The bloodshed they caused, according to
recent studies, is greater than that of the Rwanda genocide.

On 26 February 2003, one month before the invasion, Dr. Rafil Dhafir, a prominent
cancer specialist in Syracuse, New York, was arrested by federal agents and
interrogated about the charity he had founded, Help the Needy. Dr. Dhafir was one of
many Americans, Muslims and non-Muslims, who for 13 years had raised money for
food and medicines for sick and starving Iraqis who were the victims of sanctions. He
had asked US officials if this humanitarian aid was legal and was assured it was -- until
the early morning he was hauled out of his car by federal agents as he left for his
surgery. His front door was smashed down and his wife had guns pointed at her head.
Today, he is serving 22 years in prison.

On the day of the arrest, Bush's attorney-general, John Ashcroft, announced that
"funders of terrorism" had been caught. The "terrorist" was a man who had devoted
himself to caring for others, including cancer sufferers in his own New York
community. More than $2 million was raised for his surety and several people pledged
their homes; yet he was refused bail six times.

Charged under the International Emergency Economic Powers Act, Dr. Dhafir's crime
was to send food and medicine to the stricken country of his birth. He was "offered"
the prospect of a lesser sentence if he pleaded guilty and he refused on principle.
Plea bargaining is the iniquity of the US judicial system, giving prosecutors the powers
of judge, jury and executioner. For refusing, he was punished with added charges,
including defrauding the Medicare system, a "crime" based on not having filled out
claim forms correctly, and money laundering and tax evasion, inflated technicalities
related to the charitable status of Help the Needy.

The then Governor of New York, George Pataki, called this "money laundering to help
terrorist organisations ... conduct horrible acts". He described Dr. Dhafir and the
supporters of Help the Needy as "terrorists living here in New York among us ... who
are supporting and aiding and abetting those who would destroy our way of life and
kill our friends and neighbours". For jurors, the message was powerfully manipulative.
This was America in the hysterical wake of 9/11.

The trial in 2004 and 2005 was out of Kafka. It began with the prosecution
successfully petitioning the judge to prohibit "terrorism" from being mentioned. "This
ruling turned into a brick wall for the defence," says Katherine Hughes, an observer in
court. "Prosecutors could hint at more serious charges, but the defence was never
allowed to follow that line of questioning and demolish it. Consequently, the trial was
not, in fact, what it was really about."

It was a political show trial of Stalinist dimensions, an anti-Muslim sideshow to the "war
on terror". The jury was told darkly that Dr. Dhafir was a Salafi Muslim, as if this was
sinister. Osama bin Laden was mentioned, with no relevance. That Help the Needy
had openly advertised its humanitarian aims, and there were invoices and receipts for
the purchase of emergency food aid was of no interest. Last February, the same
judge, Norman Mordue, "re-sentenced" Dr. Dhafir to 22 years: a cruelty worthy of the

With their "terrorist" case "won", the prosecutors held a celebration dinner, "partying,"
wrote a Syracuse lawyer to the local newspaper, "as if they had won the Super Bowl...
having perpetuated a monstrous lie [against a man] who had helped thousands in Iraq
suffering unjustly ... the trial was a perversion". No executive of the oil companies that
did billions of dollars of illegal business with Saddam Hussein during the embargo has
been prosecuted. "I am stunned by the conviction of this humanitarian," said Denis
Halliday, "especially as the US State Department breached its own sanctions to the
tune of $10bn."

During this year's US presidential campaign, both candidates agreed on sanctions
against Iran which, they claimed, posed a nuclear threat to the Middle East. Repeated
over and again, this assertion evoked the lies told about Iraq and the extreme
suffering of that country. Sanctions are already devastating Iran's sick and disabled.
As imported drugs become impossibly expensive, leukaemia and other cancer
sufferers are the first victims. The Pentagon calls this "full spectrum dominance".