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Goodling comes out swinging against deputy attorney general

In her opening statement, Monica Goodling attacked outgoing Deputy Attorney General Paul McNulty, accusing McNulty of not being "fully candid" in his remarks to the Senate Judiciary Committee and then inappropriately blaming her for not fully briefing him.

"The allegation is false. I did not withhold information from the deputy," said the former aide to Attorney General Alberto R. Gonzales.

Goodling said that she provided him with the information Congress was seeking "based on the questions being asked at that time." This is a critical attack because McNulty's early February appearance in the Senate committee was a key moment, helping turn the smoldering brush fire of a scandal into something that is now threatening the tenure of Gonzales at Justice and has helped lead to the resignations of Goodling and three other senior Justice staffers.

McNulty testified that the U.S. attorneys were fired for "performance reasons", infuriating the prosecutors and leading to their public testimony trying to refute those reasons, and the deputy attorney general testified that the White House played almost no role in the firing process - something contradicted by thousands of pages of documents.

In private talks with congressional committees, McNulty has blamed Goodling and other top Gonzales aides for these misrepresentations.

But Goodling has now testified that McNulty knew in particular that White House staffers were keenly involved in appointing Tim Griffin, a former deputy to senior adviser Karl Rove, to be U.S. attorney in Little Rock.

"I believe that the deputy was not fully candid about his knowledge of White House involvement in the replacement decision, failed to disclose that he had some knowledge of the White House's interest in selecting Tim Griffin as the interim U.S. attorney for [Little Rock]. ... I was surprised to learn that the deputy blamed me for the incomplete or inaccurate information he provided to the Senate," she said, clarifying later that she's not sure he intentionally misled Congress.

However, Goodling is proving to be a tough witness under early questioning, as she contends that she played no role in putting names on the firing list and placing more emphasis for that decision-making process on the shoulders of D. Kyle Sampson, the former Gonzales chief of staff. (Sampson has testified, publicly and privately, that he was merely an "aggregator" of the views of a whole host of senior Justice officials.)

In addition, Goodling is standing by the White House, saying she has no knowledge of any involvement by Rove or former White House Counsel Harriet E. Miers. "I did not hold the keys to the kingdom. ... I never had a conversation with Karl Rove or Harriet Miers while I served at the department. I am certain that I never spoke to either of them about the hiring or firing of any U.S. attorney," she said.

By Paul Kane  |  May 23, 2007; 11:30 AM ET
 
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Comments

I am now convinced that Republican law makers have absolutely no loyalty, respect or love for the United States. Instead of recognizing that the thing that separates America from a banana republic is the unbiaed rule of law (as much as possible) they keep repeating that retarded "serves at the will of the president", nonsense. They fired these people because they would not carryout political thuggery prosecutions. I am sickened by these traitors.

Posted by: Ron | May 23, 2007 11:35 AM | Report abuse

Another Justice Department official claiming they know nothing even though they were in the middle of all this. Why grant immunity when one knows they will lie anyway?

Posted by: Rick | May 23, 2007 11:43 AM | Report abuse

Hm? Now what was Goodling's credentials or qualifications for being appointed to such a crucial/lofty position in the DOJ.
For me, this is a classic version of American style affirmative action pre-civil rights era.

Posted by: doc | May 23, 2007 11:47 AM | Report abuse

wow, GOP members of the panel are giving her a complete pass so far, declaring that it's a waste of time and money to be investigating and that this is (to employ an irritatingly, exceedingly overused phrase) "a fishing expedition." Why such a disparity between the House and the Senate in terms of partisanship in questioning? It's almost as if the House GOPers got together just before the hearing to agree how best to diminish the importance and necessity of this investigation and to accuse the Democrats of needless meddling and lollygagging. Anyone else getting this impression?

Posted by: iammrben | May 23, 2007 11:47 AM | Report abuse

I just read on MSN.com that Ms. Goodling wanted to serve her party and her administration with loyalty to them. Too bad she didn't want to serve her country. Here we go with more of the "blame game." The conservatives are always talking about accepting personal responsibility. Too bad that Ms. Goodling refuses to take responsibility for her own actions. What do they teach at her law school?

Posted by: Anonymous | May 23, 2007 11:49 AM | Report abuse

From everything I've read about her Monica is the ultimate 'loyal Bushie'. She's not going to utter one negative syllable about Gonzales, Cheney, Rove, Bush or anybody in the 'inner circle' of power. She wouldn't testify under subpoena--5th admendment-time--and she just blows hot air even with immunity protection--so what's the point of having her testify anyway? Does she have immunity from perjury? If so, everything she says is worthless. What a waste of time. Where is the special prosecutor?

Posted by: cody mccall | May 23, 2007 11:52 AM | Report abuse

Um ... judging by her law school's fourth-tier ranking, not a whole lot.

Posted by: Anonymous | May 23, 2007 11:53 AM | Report abuse

Cody -- agreed. What was the point of her taking the 5th and putting the committee through the process of obtaining immunity if she's not going to say anything anyway. Her entire testimony is coming across as a charade abetted by the GOP panelists.

Posted by: iammrben | May 23, 2007 12:00 PM | Report abuse

Ms. Goodling in response to a question about whether she used criteria of political loyalty in deciding on who might get a job at the Justice Dept. (which would violate Federal law)said: *I may have gone too far, and I may have taken inappropriate political considerations into account on some occasions*.
And she admiteed this only AFTER being given immunity from CRIMINAL prosecution based on her testimony.
And Republications still insist that what was done by Republican appointees in the Justice Dept. was business as usual. Was par for the course. Was no big deal.
That excuse won't wash now. The dog just won't hunt.

Posted by: Barton Keyes | May 23, 2007 12:03 PM | Report abuse

why do all these blonde Bushies sound like chipmunks on speed??? Why has nobody laid a glove on her yet? good coaching?

Posted by: Anonymous | May 23, 2007 12:11 PM | Report abuse

Cody McCall-"Does she have immunity from perjury?"
Of course she doesn't have immunity from perjury. In fact, her immunity is conditioned on truthful testimony -if she lies under oath, she has no immunity from anything.

Posted by: Patrick Huss | May 23, 2007 12:11 PM | Report abuse

Speaking of coming out swinging: Sheila Jackson...

Posted by: iammrben | May 23, 2007 12:25 PM | Report abuse

We have to totally accept the incompetence of the entire Bush administration. Have you ever heard more people who "know nothing," yet are key principals in decisions being made? Usually bad ones.

I think Sondheim had it right, "send in the clowns." But, they are already here.

Posted by: CLG | May 23, 2007 12:44 PM | Report abuse

Canadian / Pakistani Khalid Q Awan Facing Unjustice .

Khalid Q Awan detainee is now facing different preplanned, Fabricated charges in NewYork USA during his jail period,Khalid Awan is now looking forward your special attention and help towards this case for saving his innocent life. As we know, he is innocent and you can do further correspondence with him in detention centre NewYork USA and his attorney Khuram and Maher LLP NewYork to find out the reality and truth, and to bring the reality in front of the world that no innocent face that kind of the situation in future.
Khalid Q Awan detainee himself disagree with the charges imposed on him by the FBI, The charges are not related with him by all means. How can be possible a person in jail /custody since 9/11 now become terrorist while he proved not guilty in the same court in the past. So he is looking forward your help to get the justice and Clear and fair investigation in these imposed fabricated charges. It is possible with the involvement of the organizations like your's, so that the innocent will come back to his normal life This is the mission of the human rights commission that innocents to be protected in all over the world from injustice ,and illegal Custody.
As by the press reports and by governments officials, In the court room only FBI representatives and some press reporters were present and no one else was there to see what is going over.

Help requested from high officials in Canada, U.S.A, and UNO & also from the NGOS who work for the human rights in all over the world.
Once again the request for find out the truth and reality in the above case.
With best wishes and regards
The sisters and whole family of Khalid Q Awan from Canada,and pakistan.
we pray for americans, please help and co-operate us for our innocent family member .

The court will announce a decision on 25 may 2007.

Dear Sir / Madam

I am 46 years old, Canadian citizen and native of Pakistan (Muslim). I was an immigration consultant in Canada and as part of my business , I had an office in New York.
During 2001 immediately after the Sept 11, event the US govt arrested me on Oct 25, 2001 on anonymous call, as a material witness for the 9/11 world trade centre terrorist attack. A detail investigation by the FBI and USA Naval intelligence dept was conducted and I was cleared, but even then govt put me in front of Grand jury , and I was cleared and the case was dismissed by the Grand jury of the US Federal Court .
Approximately after 2 weeks , before I was released from custody the US Govt imposed a new charges of Fraud and money laundering , under the advice of my attorney , I pleaded guilty and I was sentenced to prison for five years (which was four years more, what I pleaded). In which I had already spent 3 years in Detention jail, during the case , I had about 14 months left to finishing my sentence ,(instead of appealing, I preferred to applied for Treaty Transfer to Canada, because if the case is in the appeal, defendant is not eligible for transfer back to his home country).
While at prison, I learned from the case manager Miss Mause, that my citizen was incorrect in the FBOP's (Federal Bureau of Prison) computer system as Pakistani instead of Canadian.
Its important to note , that all of my Canadian identifications (passport , citizenship card , S.I.N , Health card Driving license etc) were under FBI's possession, with a great deal of concern, I wrote a letter to the Canadian Consulate in Buffalo, N.Y to notify such mistake and requested them to fix this problem. This is especially important for Treaty Transfer back to Canada.
The Canadian Consulate official sent a letter to the jail to correct my citizenship status, however FBOP ignored the request and the citizenship status in the FBOP computer still reflect Pakistani instead of Canadian (Note:- I would be required to obtain visa to visit Pakistan) .In contrast , the deportation letter received from US Immigration dept, Contained the correct citizenship status of Canada.
At the hindsight, I believe that the FBOP intentionally left the citizenship as Pakistani, so that they could retained me at their facility, while the govt is planning to file new charges against me 3rd time.
Approximately six weeks before my released date on Jan 30 ,2006 I was notified by the FBOP that I was being transferred from Ellenwood , PA to MDC (Metropolitan Detention Centre) in Brooklyn N.Y, it was explained to me, that the purpose of this transfer was in preparation for deportation back to Canada, (after few days, I signed the immigration deportation papers, with my consular Miss Chen).
But immediately after my arriving to MDC Brooklyn, I discovered during a phone call with my family in Montreal, that RCMP (Royal Canadian Mounted Police) official had contacted my sister and brother-in-law regarding the whereabouts of my wife and my current situation, there was no explanation given by the RCMP official to the purpose of the call and he left his phone number and asked my wife to call him back immediately, my wife called the RCMP official and left messages in his voice mail. Then the official contacted my brother-in-law again and had asked him to tell my wife not to call again, because there is nothing good nor anything bad.
Meanwhile the AUSA ( United States Attorney) office Investigator and FBI brought me to their office to be interrogated without an attorney present, even AUSA told in the court to the judge on March 16, 2006 that he arranged attorney for me before my arrival from Ellenwood PA to MDC Brooklyn, N.Y, on Transcript; page 11, Transcript line No: 14 to 23.

AUSA:- He (Khalid Awan) was writ in the cause of a grand jury investigation. He clearly had criminal exposure. So to protect his interest I made an application to the duty magistrate for counsel to be appointed.
THE COURT:- Initially he was brought here by a Court to testify before the grand jury?

AUSA:- That is correct, Your Honour.


THE COURT:- When he arrived here, you made arrangements for an attorney to be pointed to request him?

AUSA:- Yes, Your Honour.

This interrogation started with the AUSA office Investigator stating that my family will be arrested in Canada if I refused to answer their questions.
At this point I am certain that my family is in great danger for reasons that I am not aware of. I was scared that my family would be harassed by these people along with the Canadian RCMP official, I strongly believe that the RCMP is doing this intentionally in collaboration with FBI official to further harass me to admit charges, that I never committed.
Without knowledge of the reasons why the Canadian RCMP agency was involved. I was surprised that RCMP official directly approached my family instead of me without proper explanation, and its also shocked for me, that how RCMP got the phone number of my family (because before my arrest, I don't have any single record in any police dept, of any country).
I was intimated and pushed to the edge during this interrogation, I was determined to provide anything these USA officials wanted to make them happy even is the questions made no sense, because I want them to stop the harassment to my family.
On March 15, 2006 I completed the term of my imprisonment and was to be released from American Custody and deported back to Canada. Before that I was arrested again 3rd time, and charged with providing "material support to a foreign terrorist" and money laundering (to a organization and person, which are not designated by the USA govt and belongs to Sikh religion).
These charges emerged while I was still in prison and without the capability of providing any type of support. It was even difficult for me to get enough financial assistance to pay legal fees. I could not have provided any material support while I was in prison for five years and I could not launder any money because I did not have any.
AUSA filed three counts of indictment against me.

Conspiracy to provide material support.
Provide a material support to the foreign terrorist.
Money laundering to support terrorism.

(Please note, that in my previous case govt charged me for money laundering and fraud from Jan 1999 to 2002 and "its mentioned in the plea-agreement by the AUSA that no further money laundering charges will be brought against defendant from Jan 1999 to April 2002" even then govt indict me for money laundering from 1998 to Nov 2001 (Which is double Jeopardy and violation of 5th Amendment of U.S Constitution.)
In Oct 2006, during pre-trial hearing on the motion's filed by my attorney the first two counts of my indictment were dismissed by the judge, stating that there is a lack of facts and figures.
After two weeks AUSA re-indicted me again. I believe this is a desperate act of the AUSA to cover up a huge embarrassment . Further this hastily drawn indictment was full of factual errors and creative legal theories.

Since I was first arrested by the American govt, I believe that I have been singled out, isolated and discriminated against primarily because of my race and religion, in addition to the fact that I don't know any information that the American govt is trying to pressure out of me.

I do not understand the American laws and this is what led to my pleading guilty in the first case. I have difficulty understanding the new charges also.

I have been charged under, section 2339(a) of Title 18 of the United States code, which makes it illegal to provide material support to a foreign terrorist.

Please understand, I am not a terrorist, I do not know any terrorist and I have had no connections with or to any known or unknown terrorist. I have been incarcerated for last 5 years and I had no money to provide or launder.

The law enforcement have in America is pressuring me to provide information to them that I really do not have or know. I am a Canadian Citizen and nearly all of my family is in Canada, including my wife and kids. I don't know any information to tell them to help their investigation.
Because of this , I am being treated unfairly and my rights under the American constitution are being violated. I am being held here in further detention against my will for crimes which I could have never committed, because I was in prison.

I believe, that I am a victim of the discrimination that was outlined in the July 3, 2006 issue of Time magazine (Page 29, column 3). In this article section 2339(a) & (b) are discussed and criticized "as most suspects are charged under these two sections. However, the justice dept here in America admits that of the more than 218 guilty pleas that it has obtained, most are for minor investigation issues that are uncovered deeding the course of their terrorism investigation. This suggest, according to the article that the Attorney General's office have is not concerned about the rights or fairness or the manner in which it achieves convictions for the people they arrest. Furthermore, criticizes have noted that one of the patterns to emerge from these domestic prosecutions is that suspect seen too incompetent to carry out the deeds they are accused of. The Deputy Attorney General acknowledges that the Dept of Justice's goal is " preventions through prosecution's" and this is done with no regard for an individual's rights.

I agree that these guilty of terrorism should be prosecuted . But as the above mentioned article suggest , innocent people should not be targeted because of their race or religion.
I am not a terrorist and I should not be targeted and treated unfairly and unjustly.
I need your assistance desperately in my case, as I believe that I am being treated unjustly here. I would like to send you my attorney's contact information and provide you with legal documents related to my case, so that you may become more familiar with my situation.

Please also note, that I appeared in the court , for no guilty of my 2nd superseding indictment on Aug 02, 2006 and on Aug 03, 2006 FBOP officials placed me in the SHU (Segregation Housing Unit) out of these months, I placed in the SHU isolation from Aug 03, 2006 to March 6, 2007 for unknown "Pending Investigation" in these 215 days of my segregation and isolation, I don't have a single phone call access to my family, no legal calls to my attorney and Canadian Council, my legal mail opened in my absence, no medical treatment for my injured shoulder (even I went for hunger strike for 3 and half day) I harassed by the various jail officials and lot of other problems too which already been submitted in the attention of the FBOP higher authorities, but no action taken on them, after writing the court, instead of receiving the response or any action on my complaints, jail officials removed /moved me from MDC federal facility to Nassau County Jail .
My suffering has gone on for far too long, and I need your help to bring my suffering to an end. I want to return home to my family, because my imprisonment was injustice and will remain a great injustice forever.

May God bless you and be with you in your efforts to champion the cause of human rights, and the suffering of innocent prisoners and restore hope, faith and love to peoples all over the world.

Sincerely,

KHALID AWAN
FBOP NO. 50959-054


Posted by: umer khan awan | May 23, 2007 12:44 PM | Report abuse

Khalid Awan-

Go away.

Posted by: lzrdldy | May 23, 2007 12:50 PM | Report abuse

only in the US is it possible that someone like Goodling, a graduate of a religious "no name" college with little knowledge of legal procedures as an attorney will be required to have, is put in a very high-level position to decide the career fate of seasoned US attorneys with many of experience as prosecutors and with degrees from Stanford and other top law schools in the nation.
The US almost looks like a former communist country or a third-world (banana) republic where political affiliation and personal friendship are more important than competence and service to the nation

Posted by: Tomanus | May 23, 2007 12:59 PM | Report abuse

Monica (yes another infamous Monica in Washington) makes personnel decisions based on political and regligous positions and gets immunity from Congress - "what a country." Gonzales(I don't recall), Rove (the Tony Soprano of the Republican right), Chaney (always playing the tough guy on the world stage), urgent hospital meetings w/ John Ashcroft, soldiers and marines being killed daily by bombs in Iraq, a President who will not listen to advice from anyone he does not agree with - when will it end - January 2009 cannot come soon enough for this country.

President Carter was right this is the worst administration probably in history but certainly in my lifetime. It was unfortunate he backed off his remarks.


Posted by: thomas verni | May 23, 2007 1:09 PM | Report abuse

I guess we should just accept Goodlings statements re: McNulty as gospel. After all, the "other" Monica told the truth!

Posted by: rangerbob | May 23, 2007 1:24 PM | Report abuse

Ron, et al. I sense your grief and disappointment that Goodling wasn't able to manufacture the type of evidence you and Chairman John Conyers (a moron if ever there was one) expected to hear this morning. Give her and whoever might have coached her some credit for building up a tremendous aura of suspense, leading us all to think and hope that there might be a "Web Hubble" moment at the Justice Department today. If this was indeed orchestrated, the immunity grant, the no media interviews before testifying, etc., it was masterful. Chairman Conyers, at least I'll give him credit for this, buried his head and rubbed his thinning hair and emerged with a smile on his face after Goodling completed her opening statement. He in effect was smiling because he knew, just as all the others on the committee who dressed up for the C-SPAN cameras this morning knew, that they had been had by this 30-something year old twinkie from Justice. Conyers may be a jerk but at least he's got a good sense of humor and can laugh at himself now and then and for that I like him. What a show!

Posted by: John C | May 23, 2007 1:53 PM | Report abuse

Your assumption, from you Washington "insiders" is funny. Suppose Gonzales isnt incompetent. Suppose, from data reviewed in Florida with Jeb bush, most of the new voters are Democrats and Independents. So, the Bush administration strips felons from voting, and has four key swing states suing League of Women voters to prevent VOTER REGISTRATION DRIVES.

Then, as part of the program, Domenici and other US senators and Congressmen, protecting their Republican turf, want the Atty generals in their state to enforce vague bogus voting violation laws and go after Democrats in races. And even the Diebold voting machines in certain states have default software programs to take Democrat votes and make them Republican.

Well, folks, it occurred in four key states, including Ohio and Florida. And the firing of these Atty generals nationwide is not an accident. And Gonzales knows the discovery could put the Republican party in the dark ages. Take a look around you and go on the internet. Why would Peter Antonucci in Florida, Jeb's atty, sue the League of Women Voters from doing voter registration drives? And our past AG in Florida supported Jeb in Glenda Hood's Dept of State voting changes..
Maybe this was a great plan that got discovered because of the internet and someone tying shoelaces...

Posted by: peggy | May 23, 2007 1:57 PM | Report abuse

"Ah Hay-uve SEE-yinned U. Law School?" Did she pass the bar, praise the Lord?

Posted by: Philip V. Riggio | May 23, 2007 1:58 PM | Report abuse

Why is Congress wasting so much money on something that is purely political? Just like the Flim-Flam Plame caper that led to nothing more than a payback for Marc Rich's old defense attorney, Scooter Libby, and his nemisis, the former AUSA from the SDNY. If Congress really cared about investigating corruption in high places, why doesn't Conyers request immunity for Rep. Jefferson so he can explain the $90k cash in his freezer that was marked by the FBI? What's the difference? Justice hasn't prosecuted the case even though the money was seized more than a year ago. Maybe Jefferson is working it off, giving up other members and their freezers. Yeah, that's it. In the end, Jefferson may get to spend time in the witness protection program. Where's Steve Martin when you need him?

Posted by: JC | May 23, 2007 2:09 PM | Report abuse

Peggy, Peggy, Peggy, what in the world are you talking about? Don't let those little voices in your head get the best of you. Just remember, the Trilateral Commission really loves you. The Queen appeared in person the other day in Jamestown to give secret orders to Lyndon Larouche. Oh, and global warming is just a plot by the Eskimoes to take over the equator. I read that on the Internet so it must be true. Gotta go, my minder is coming......

Posted by: Jack | May 23, 2007 2:16 PM | Report abuse

A recent poll suggested that 6% of the working public would sleep with the boss to get ahead. Monica choose the good old slash and burn method. Apparently Monica was in the top 5% of her class at the "matchbook" law school she attended. Is there any correlation?

Posted by: Gordon Hamel | May 23, 2007 2:56 PM | Report abuse

"Don't recall," or "I may have crossed the line," will get you no jail time in this modern day Administration. I guess Rove will say "You can't touch me," and the G.A. and president ride off into the Sunset. End of Story

Posted by: mattloose | May 23, 2007 3:02 PM | Report abuse

"Don't recall," or "I may have crossed the line," will get you no jail time in this modern day Administration. I guess Rove will say "You can't touch me," and the G.A. and president ride off into the Sunset. End of Story

Posted by: mattloose | May 23, 2007 3:03 PM | Report abuse

"Oh, Pancho!" "Oh, Cisco!"

Posted by: braultrl | May 23, 2007 3:32 PM | Report abuse

"Oh, Pancho!" "Oh, Cisco!"

Posted by: braultrl | May 23, 2007 3:32 PM | Report abuse

Monica did quite well. As Clinton's famous lawyer used to love to say, "facts are stubborn things...." The Kool-Aid kids on the committee and writing in to this blog today are so funked over what they thought was a big day that they are likely to suffer post-Monica depression. Let us pray for them that they should see the light. Meanwhile, over at the casa blanca, Karl will be popping the Moet tonight as he relishes another smash of the dummy dems.

Posted by: John | May 23, 2007 4:16 PM | Report abuse

Karl Who?

Posted by: Bill MacLeod | May 23, 2007 6:49 PM | Report abuse

I am so grateful to C-Span for their objective coverage of government, of our senators and representatives, for airing entire congressional committee investigations,uncut - without a lengthy analysis of what I am going to see, without a lengthy explanation of what I have just seen. This is valuable. This is 'transparency'.

Posted by: Jeanne | May 24, 2007 2:26 AM | Report abuse

I agree with you, Jeanne, thank goodness for C-SPAN! If all we had to go on was the nonsense in these blogs, we'd be missing the boat entirely. C-SPAN gives us a first-hand look at what's really happening and lets us draw our own conclusions.

Posted by: John | May 24, 2007 2:55 PM | Report abuse

Canadian / Pakistani Khalid Q Awan Facing Injustice .

Khalid Q Awan detainee is now facing different preplanned, Fabricated charges in NewYork USA during his jail period,Khalid Awan is now looking forward your special attention and help towards this case for saving his innocent life. As we know, he is innocent and you can do further correspondence with him in detention centre NewYork USA and his attorney Khuram and Maher LLP NewYork to find out the reality and truth, and to bring the reality in front of the world that no innocent face that kind of the situation in future.
Khalid Q Awan detainee himself disagree with the charges imposed on him by the FBI, The charges are not related with him by all means. How can be possible a person in jail /custody since 9/11 now become terrorist while he proved not guilty in the same court in the past. So he is looking forward your help to get the justice and Clear and fair investigation in these imposed fabricated charges. It is possible with the involvement of the organizations like your's, so that the innocent will come back to his normal life This is the mission of the human rights commission that innocents to be protected in all over the world from injustice ,and illegal Custody.
As by the press reports and by governments officials, In the court room only FBI representatives and some press reporters were present and no one else was there to see what is going over.

Help requested from high officials in Canada, U.S.A, and UNO & also from the NGOS who work for the human rights in all over the world.
Once again the request for find out the truth and reality in the above case.
With best wishes and regards
The whole family of Khalid Q Awan from Canada , and Pakistan.

The court will announce a decision on 21 june 2007.

Dear Sir / Madam

I am 46 years old, Canadian citizen and native of Pakistan (Muslim). I was an immigration consultant in Canada and as part of my business , I had an office in New York.
During 2001 immediately after the Sept 11, event the US govt arrested me on Oct 25, 2001 on anonymous call, as a material witness for the 9/11 world trade centre terrorist attack. A detail investigation by the FBI and USA Naval intelligence dept was conducted and I was cleared, but even then govt put me in front of Grand jury , and I was cleared and the case was dismissed by the Grand jury of the US Federal Court .
Approximately after 2 weeks , before I was released from custody the US Govt imposed a new charges of Fraud and money laundering , under the advice of my attorney , I pleaded guilty and I was sentenced to prison for five years (which was four years more, what I pleaded). In which I had already spent 3 years in Detention jail, during the case , I had about 14 months left to finishing my sentence ,(instead of appealing, I preferred to applied for Treaty Transfer to Canada, because if the case is in the appeal, defendant is not eligible for transfer back to his home country).
While at prison, I learned from the case manager Miss Mause, that my citizen was incorrect in the FBOP's (Federal Bureau of Prison) computer system as Pakistani instead of Canadian.
Its important to note , that all of my Canadian identifications (passport , citizenship card , S.I.N , Health card Driving license etc) were under FBI's possession, with a great deal of concern, I wrote a letter to the Canadian Consulate in Buffalo, N.Y to notify such mistake and requested them to fix this problem. This is especially important for Treaty Transfer back to Canada.
The Canadian Consulate official sent a letter to the jail to correct my citizenship status, however FBOP ignored the request and the citizenship status in the FBOP computer still reflect Pakistani instead of Canadian (Note:- I would be required to obtain visa to visit Pakistan) .In contrast , the deportation letter received from US Immigration dept, Contained the correct citizenship status of Canada.
At the hindsight, I believe that the FBOP intentionally left the citizenship as Pakistani, so that they could retained me at their facility, while the govt is planning to file new charges against me 3rd time.
Approximately six weeks before my released date on Jan 30 ,2006 I was notified by the FBOP that I was being transferred from Ellenwood , PA to MDC (Metropolitan Detention Centre) in Brooklyn N.Y, it was explained to me, that the purpose of this transfer was in preparation for deportation back to Canada, (after few days, I signed the immigration deportation papers, with my consular Miss Chen).
But immediately after my arriving to MDC Brooklyn, I discovered during a phone call with my family in Montreal, that RCMP (Royal Canadian Mounted Police) official had contacted my sister and brother-in-law regarding the whereabouts of my wife and my current situation, there was no explanation given by the RCMP official to the purpose of the call and he left his phone number and asked my wife to call him back immediately, my wife called the RCMP official and left messages in his voice mail. Then the official contacted my brother-in-law again and had asked him to tell my wife not to call again, because there is nothing good nor anything bad.
Meanwhile the AUSA ( United States Attorney) office Investigator and FBI brought me to their office to be interrogated without an attorney present, even AUSA told in the court to the judge on March 16, 2006 that he arranged attorney for me before my arrival from Ellenwood PA to MDC Brooklyn, N.Y, on Transcript; page 11, Transcript line No: 14 to 23.

AUSA:- He (Khalid Awan) was writ in the cause of a grand jury investigation. He clearly had criminal exposure. So to protect his interest I made an application to the duty magistrate for counsel to be appointed.
THE COURT:- Initially he was brought here by a Court to testify before the grand jury?

AUSA:- That is correct, Your Honour.


THE COURT:- When he arrived here, you made arrangements for an attorney to be pointed to request him?

AUSA:- Yes, Your Honour.

This interrogation started with the AUSA office Investigator stating that my family will be arrested in Canada if I refused to answer their questions.
At this point I am certain that my family is in great danger for reasons that I am not aware of. I was scared that my family would be harassed by these people along with the Canadian RCMP official, I strongly believe that the RCMP is doing this intentionally in collaboration with FBI official to further harass me to admit charges, that I never committed.
Without knowledge of the reasons why the Canadian RCMP agency was involved. I was surprised that RCMP official directly approached my family instead of me without proper explanation, and its also shocked for me, that how RCMP got the phone number of my family (because before my arrest, I don't have any single record in any police dept, of any country).
I was intimated and pushed to the edge during this interrogation, I was determined to provide anything these USA officials wanted to make them happy even is the questions made no sense, because I want them to stop the harassment to my family.
On March 15, 2006 I completed the term of my imprisonment and was to be released from American Custody and deported back to Canada. Before that I was arrested again 3rd time, and charged with providing "material support to a foreign terrorist" and money laundering (to a organization and person, which are not designated by the USA govt and belongs to Sikh religion).
These charges emerged while I was still in prison and without the capability of providing any type of support. It was even difficult for me to get enough financial assistance to pay legal fees. I could not have provided any material support while I was in prison for five years and I could not launder any money because I did not have any.
AUSA filed three counts of indictment against me.

Conspiracy to provide material support.
Provide a material support to the foreign terrorist.
Money laundering to support terrorism.

(Please note, that in my previous case govt charged me for money laundering and fraud from Jan 1999 to 2002 and "its mentioned in the plea-agreement by the AUSA that no further money laundering charges will be brought against defendant from Jan 1999 to April 2002" even then govt indict me for money laundering from 1998 to Nov 2001 (Which is double Jeopardy and violation of 5th Amendment of U.S Constitution.)
In Oct 2006, during pre-trial hearing on the motion's filed by my attorney the first two counts of my indictment were dismissed by the judge, stating that there is a lack of facts and figures.
After two weeks AUSA re-indicted me again. I believe this is a desperate act of the AUSA to cover up a huge embarrassment . Further this hastily drawn indictment was full of factual errors and creative legal theories.

Since I was first arrested by the American govt, I believe that I have been singled out, isolated and discriminated against primarily because of my race and religion, in addition to the fact that I don't know any information that the American govt is trying to pressure out of me.

I do not understand the American laws and this is what led to my pleading guilty in the first case. I have difficulty understanding the new charges also.

I have been charged under, section 2339(a) of Title 18 of the United States code, which makes it illegal to provide material support to a foreign terrorist.

Please understand, I am not a terrorist, I do not know any terrorist and I have had no connections with or to any known or unknown terrorist. I have been incarcerated for last 5 years and I had no money to provide or launder.

The law enforcement have in America is pressuring me to provide information to them that I really do not have or know. I am a Canadian Citizen and nearly all of my family is in Canada, including my wife and kids. I don't know any information to tell them to help their investigation.
Because of this , I am being treated unfairly and my rights under the American constitution are being violated. I am being held here in further detention against my will for crimes which I could have never committed, because I was in prison.

I believe, that I am a victim of the discrimination that was outlined in the July 3, 2006 issue of Time magazine (Page 29, column 3). In this article section 2339(a) & (b) are discussed and criticized "as most suspects are charged under these two sections. However, the justice dept here in America admits that of the more than 218 guilty pleas that it has obtained, most are for minor investigation issues that are uncovered deeding the course of their terrorism investigation. This suggest, according to the article that the Attorney General's office have is not concerned about the rights or fairness or the manner in which it achieves convictions for the people they arrest. Furthermore, criticizes have noted that one of the patterns to emerge from these domestic prosecutions is that suspect seen too incompetent to carry out the deeds they are accused of. The Deputy Attorney General acknowledges that the Dept of Justice's goal is " preventions through prosecution's" and this is done with no regard for an individual's rights.

I agree that these guilty of terrorism should be prosecuted . But as the above mentioned article suggest , innocent people should not be targeted because of their race or religion.
I am not a terrorist and I should not be targeted and treated unfairly and unjustly.
I need your assistance desperately in my case, as I believe that I am being treated unjustly here. I would like to send you my attorney's contact information and provide you with legal documents related to my case, so that you may become more familiar with my situation.

Please also note, that I appeared in the court , for no guilty of my 2nd superseding indictment on Aug 02, 2006 and on Aug 03, 2006 FBOP officials placed me in the SHU (Segregation Housing Unit) out of these months, I placed in the SHU isolation from Aug 03, 2006 to March 6, 2007 for unknown "Pending Investigation" in these 215 days of my segregation and isolation, I don't have a single phone call access to my family, no legal calls to my attorney and Canadian Council, my legal mail opened in my absence, no medical treatment for my injured shoulder (even I went for hunger strike for 3 and half day) I harassed by the various jail officials and lot of other problems too which already been submitted in the attention of the FBOP higher authorities, but no action taken on them, after writing the court, instead of receiving the response or any action on my complaints, jail officials removed /moved me from MDC federal facility to Nassau County Jail .
My suffering has gone on for far too long, and I need your help to bring my suffering to an end. I want to return home to my family, because my imprisonment was injustice and will remain a great injustice forever.

May God bless you and be with you in your efforts to champion the cause of human rights, and the suffering of innocent prisoners and restore hope, faith and love to peoples all over the world.

Sincerely,

KHALID AWAN
FBOP NO. 50959-054

Posted by: umer khan | June 7, 2007 1:03 AM | Report abuse

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