by Kenneth Eade
“Ahmed was granted a writ of habeas corpus, which means that the Government was compelled to free him. But, instead of being freed, Ahmed died in Guantanamo. We intend to present evidence, in the form of testimony and documentation, that the Government was responsible for Ahmed’s death.
Brent paused, lowered his head halfway to the podium, and then raised it back up, checking to see whether or not he still had the jury. All eyes were on him, and he continued. They listened to Brent as if they were watching a movie, as he drew a picture he intended to paint with the evidence, despite the frequent objections by Nagel to throw him off.
“You will hear the testimony of military personnel at Guantanamo, who will testify that Ahmed talked of suicide. You will hear them testify that they found him hanging dead from the ceiling of his cell. The Plaintiff will present evidence of our version of what happened to Ahmed. Military personnel will testify that he was being force-fed by a military nurse. Dr. Jaime Orozco, an expert pathologist, will testify that the nurse committed medical malpractice and that Ahmed’s death was caused by drowning on the liquid nutrients he was being fed because of improper insertion of the feeding tube. The Defendant’s expert doctor will testify otherwise.
“You, Ladies and Gentlemen, will be asked to decide, from listening to the evidence, which version of the story is correct. But, it doesn’t stop there. If you decide to accept the Government’s version that Ahmed committed suicide, then we intend to present evidence to show that this man was psychologically broken by his captors, and tortured mentally and physically to the point that would have driven any human being to suicide to escape the pain of his captivity. And we intend to show that the Government knew the extent of Ahmed’s tortured soul, knew that he was driven to suicide by his captors, and did nothing to protect him from his fate.
“Ronald Reagan said, “Our natural and inalienable rights are now considered to be a dispensation from government, and freedom has never been so fragile, so close to slipping through our grasp as it is at this moment.” Abraham Lincoln said, “Do not interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.””
“Objection, Your Honor!”
“Sustained. The jury will disregard the quotes of our esteemed presidents as argumentative. The time to argue, Mr. Marks, is at the end of the case, not the beginning. Please stick to the facts you intend to outline in your case.”
“I will, Your Honor. You will hear evidence about how agents of the FBI broke into Catherine Khury’s home, confiscated some of her most precious personal possessions, and eavesdropped on her personal telephone calls and emails, under the authority of the USA Patriot Act. We intend to prove that these were denials of her constitutional civil liberties without allowing her due process under the law, which no act of any government, even an Act of Congress, is permitted to deny, no matter what the circumstances.”
***
The trial skills of Timothy Nagel were undeniable as he gave his opening statement.
“Ladies and Gentlemen, I agree with Mr. Marks on one point and one point only: We live in very trying times. The War on Terror is perhaps the most difficult war we have ever waged. But it is a war, and in a war, we can’t pretend that it is business as usual and that no one is going to get hurt.
“Nobody wants war, but when the United States was attacked, our president had no choice but to defend each and every one of you. Our Congress authorized the president to use military force, to seek out and find the perpetrators of this heinous crime and to bring them to justice.
“No war comes without a change in the way things are done. In order for the military to do their job, they have to do things that none of us would ever do. They have to seek out and kill the enemy. As the president said, “It is either us, or them.” We have seen, in this enemy, unspeakable evil: To wage war against innocent men, women and children, not in the battlefield, but in our homes and our offices. This cannot be tolerated.
“In such cases of battling terrible evil, we all have to make sacrifices for the common good. My able opponent has made use of the quotations of great men in his opening remarks. It was Winston Churchill who also said, “Never, never, believe that any war will be smooth and easy, or that anyone who embarks on the strange voyage can measure the tides and hurricanes he will encounter.” Dwight Eisenhower said, “We are going to have peace even if we have to fight for it.” This is an inevitable fact of human existence.
“The enemy of the War on Terror is al Qaeda. My opponent will point out that al Qaeda is not a country, but, Ladies and Gentlemen, it is an organized enemy force nonetheless. Al Qaeda has aligned itself with an enemy government of a foreign nation. The United States Congress gave the authority to our president to seek out al Qaeda and bring its members, as well as the nations harboring them, to justice, such as the Taliban.
“This authorization gives the president the right to detain anyone suspected of being an al Qaeda operative, and the evidence will show that there was overwhelming reason to believe that was the case with Mr. Khury. In such trying times of fighting such enduring enemies of evil, military commissions have been called into play to dispense justice. Just as the war criminals of the Nazi regime were captured, held and tried by military commissions, so is the process that has been set up to handle the terrorists who seek to destroy our way of life.”
Brent carefully watched the jury as Nagel gave his speech. They seemed every bit as fascinated with his presentation as they were with Brent’s, if not more so.
“As the judge will instruct you, the United States Supreme Court has held that, ‘the detention of individuals who have fought against the United States for the duration of the particular conflict in which they are captured, is so fundamental and accepted an incident to war as to be an exercise of the necessary and proper force that Congress has authorized the president to use, and that there is no bar to this nation holding one of its own citizens as an enemy combatant.’
“With regard to allegations of torture, the Government will present evidence that only the most humane and acceptable of methods were used in interrogation and housing of Mr. Khury, all approved by the highest of authority of the US Government.
“The defense will show that Mr. Khury had expressed feelings of suicide, and was offered treatment and medication, all of which he refused. We will offer evidence that he refused food, and was put on a nourishment program to keep him alive. Testimony of the nurse and attendants in this program will be offered to show that the procedures were medically sound, and followed with the utmost of due care.
“Finally, the searches of Mr. Khury’s home and personal communications were authorized by amendments to the USA Patriot Act, an Act that has not been struck down by any court of law: An Act which was authorized by Congress itself, in response to the threats of terrorism facing our country.”
The jurors had now had their first taste of the case. What followed would be an endless stream of testimony and documents, some of which they would pay attention to, some of which would confuse them, some of which they would daydream through, and others that would pass completely over their heads. In the end, it would come down to emotions, feelings, and the preconceived set of biases and prejudices that they had each had for years. Nothing in the trial would change any of that. Some witnesses would lie, some would tell the truth. What really happened and what didn’t really happen would not be important. It would come down, ultimately, to who were the “bad guys” and who were the “good guys.” Whoever the jury thought were the “good guys” were going to win. And that decision would not be known for at least ten days.
CHAPTER THIRTY-FIVE
The first witness in the trial was Catherine Khury. In order to paint a picture of a beloved family man, instead of just the “Arab” that the jurors saw in voir dire, Catherine would have to tell the story of her husband and their life together, and make him come to life for the jury. Only then could they feel pity for her and her fami
ly and realize the full extent of her loss. Only then would they start to care about Catherine and her two small children.
“Mrs. Khury, how old are you?”
“I’m 35 years old.”
“When did you and Ahmed get married?”
“We were married 10 years ago, when I
was 25.”
“Have you ever been married before?”
“No.”
“How would you describe your marriage with Ahmed?”
“He was my whole world, the father of my children. I can’t imagine living without him,” she sobbed, “I’m sorry.”
Catherine reached for a Kleenex, and dabbed her tearing eyes. The women of the jury looked at her with compassion.
“Tell us about your children.”
Catherine managed to smile at the thought of her children. “Karen’s our first-born. She has my eyes, but Ahmed’s intelligence and patience. I can see him in her mannerisms sometimes. She’s very much to herself a lot, just like he is – was – when he’s thinking about something.
And Cameron is our youngest. He’s full of spirit and energy. I know he loves me, but it’s his father that he craves attention from. I love to see them together playing ball in the backyard or working on a puzzle or doing a board game in the living room. He misses his father very much…”
Catherine’s chin quivered as she fought back tears, and her voice cracked. “…And the most difficult thing I ever had to tell him was that his Daddy was never coming back. That’s the hardest thing for a child to hear and so hard for a mother to say.”
“Mrs. Khury, do you know how your husband died?”
“No. They say he killed himself. But that’s impossible. Ahmed loved life. He loved me, his children. He loved his life with us.”
“Did he ever talk about suicide?”
“Never.”
“Did he ever appear to be depressed?”
“No, never. Just the ups and downs that we all have in life.”
Brent guided Catherine through every detail of her courtship with Ahmed, their marriage, Ahmed’s love for America and the day he received his citizenship. She even presented his citizenship certificate. The portrait of Ahmed as a true flag waving immigrant patriot was painted in red, white, and blue.
“How did Ahmed feel about his country?”
“Objection,” said Nagel, “Calls for speculation.”
“Overruled.”
“Ahmed’s country was the United States. He always talked about how much he loved America. Ahmed was so proud when he got his citizenship.”
Catherine told the jury of their decision to have children, presented the family in photo albums from their births to their father’s funeral; the story of a normal American family.
Next, Ahmed’s professional life was presented. His work as an accountant for a reputable accounting firm, their financial statements; his promotions and prospects were all described, which would lead to the testimony of an actuary, who put a number on not only Ahmed’s life expectancy if his life had not been cut short, but also what Catherine and the family could have hoped to gain from Ahmed’s gainful employment as an accountant and retiree until that last of his expected years to live.
Brent then took Catherine through her and Ahmed’s financial plan, their goals and desires, and Ahmed’s generally good health before Guantanamo. Then he attacked the Patriot Act.
“Mrs. Khury, did you know that your house had been searched?”
“I didn’t know it was the FBI. At first, I thought we had been robbed.”
“What did you notice that was missing?”
“Our computers, and some of our most precious family photographs.”
“Mrs. Khury, how did you feel when you found out that strangers had entered into your house and searched every part of it?”
“I felt violated. Like I had been raped.”
“Mrs. Khury, you understand that you are asking the jury to award you damages for your loss, don’t you?”
“Yes,” she said, trembling.
“What amount of money are you claiming for the death of your husband?”
The tears streamed down Catherine’s face like the first drops of rain in a summer storm.
“There is no amount of money that could ever compensate for the loss of my husband. I cannot put a price on him. His death has left my family lost, destroyed.”
“Mrs. Khury, is there anything positive that could come from Ahmed’s death?”
“If people can learn from it, maybe this will never happen to another innocent person.” Nagel did not dare object this time, but he was biting his lip. “The ancestors of all American people are immigrants like Ahmed. They are a compassionate people and they would never agree to what happened to Ahmed. His death was the martyrdom of a true patriot.”
***
The last thing that Nagel wanted to appear to be was heartless and he limited his cross-examination accordingly.
“Mrs. Khury, I’m sorry to have to put you through cross-examination on such a sensitive issue, but you understand that I must, don’t you?”
“Yes, I do.”
“Mrs. Khury, you did not see Ahmed die, did you?”
“No.”
“And you hadn’t talked to him for over eleven months at the time that he died, isn’t that true?”
“They wouldn’t let me!”
“Move to strike as non-responsive, Your Honor.”
“Granted. The jury will disregard the answer. Mrs. Khury, please just answer the question.”
“I’m sorry, Your Honor.”
“It is true, that you didn’t talk to him, isn’t it?”
“Yes.”
“So, if he was depressed, you wouldn’t have known it, isn’t that true?”
“He didn’t kill himself!”
“Move to strike as non-responsive, Your Honor.”
“Granted. Mrs. Khury, we know this is difficult to talk about, but you must only answer from your own personal knowledge. The jury will disregard the answer.”
“You wouldn’t have known anything about his state of mind because you didn’t speak with him, isn’t that correct?”
“Yes, but Ahmed was a strong man.”
“Isn’t it true, though, Mrs. Khury, that you don’t know what was going through your husband’s mind right before he died?”
“Yes that is true, Mr. Nagel. I didn’t. I cannot imagine what could have been going through his mind in that horrible place.”
Nagel took Catherine through an examination of Ahmed’s family.
“Mrs. Khury, you had never met Ahmed’s brother Sabeen, had you?”
“No.”
“So you didn’t know anything about his activities in Iraq, isn’t that correct?”
“I know he was a grocer.”
“Objection, Your Honor, hearsay.”
“Sustained. The jury will disregard the answer.”
“And you didn’t know about his ties to al Qaeda, did you?”
“Objection,” said Brent. “Calls for speculation.”
“Sustained.”
Brent was satisfied with Catherine’s testimony. It looked like it had touched the jury, and nothing that Nagel did on cross-examination could change those emotions. Brent decided not to put Catherine back on re-direct. At break, he put his arm around her and led her out of the courtroom, where she immediately poured herself into the nearest bench and cried.
CHAPTER THIRTY-SIX
It was dark when Brent pulled into his driveway. Just enough time to feed the cat and himself, go over his notes for the next day and sleep a few hours. When he opened the door he practically fell over the cat who had heard his car pull up and was waiting impatiently for her dinner. She protested vehemently.
“Okay, okay, I’m sorry.”
Calico bounded off for the kitchen. Then the phone rang. Brent wasn’t much of a phone person, and when it rang, it always annoyed him, especially after a day like today. It was Debbie.
; “How did it go today?”
“Fine, first day of trial.”
“Wanna come over?”
“Deb, I can’t. I’ve got trial tomorrow.”
“What, you’re like a boxer or a hockey player or something? No sex before the big game?”
“Who said anything about sex?”
“I think I just did. Change your mind?”
Brent laughed, and looked down at Calico, who was angrily swishing her tail like she was swatting at a fly. “Can I bring my cat?”
“Honey, you can bring whatever you want.”
“Okay, I’ll be over a little later, but I can’t stay long.”
No sooner had he hung up the phone, but it rang again.
“Dude!” It was Rick.
“What’s up? Have any leads on the four thugs turned up?”
“No, I just called to see if you wanted to grab a beer.”
“Sorry dude, I just had a better offer.”
“Better than me? I doubt that.”
“I’m sure you can’t do what I was offered. Maybe you can, but it would gross me out.”
“Debbie Does Dallas?”
“Right.”
“Go over there, fuck her and then join me at Sonny’s.”
“Now I know why you never got married.”
“We’ve got trial prep.”
“I’ve got real trial prep.”
“So I just heard. Well, I’m sure your client will benefit from a happy lawyer tomorrow.”
“Goodbye, Rick.” Brent hung up the phone as the cat threatened to claw her way up his leg. He poured out a generous portion of dry food and she just sat there, looking at it.
“What? Are you kidding me?” Brent got a can of cat food, opened it, and mixed some of it with the dry kibble.
