The Unjust Prosecution of Rasmea Odeh

Guest blogger: Nuha Abusamra, second-year law student, University of San Francisco:

I have closely followed Rasmea Odeh’s case for nearly six months. Rasmea Odeh is a 70-year-old Palestinian woman who serves as the associate director at the Arab American Action Network in Chicago. She is also heavily involved with organizing and collaborating with Arab American women as her role as Adult Women Organizer.

After immigrating to the United States in 1995, Rasmea became a naturalized U.S. citizen. However, in 2013, she was indicted and charged with immigration fraud for concealing a 1970 conviction before an Israeli military court for alleged involvement in two terrorist bombings in Jerusalem. In 1980, she was among 78 prisoners released by Israel in an exchange with the Popular Front for the Liberation of Palestine for one Israeli soldier captured in Lebanon. In November, a federal jury convicted Rasmea and Judge Gershwin Drain revoked bail and ordered Rasmea into custody.

After Rasmea was released from solitary confinement and prison in December pending sentencing, we all rejoiced but worried for the status of her future as a U.S. citizen. However, on March 12, 2015, Judge Drain sentenced Rasmea to 18 months in prison and stripped her of U.S. citizenship after being found guilty of lying on her immigration papers when asked about prior convictions over twenty years ago. She currently faces deportation to Jordan and remains free on bond, pending appeal.

Rasmea’s attorney, Michael Duetsch and various community members have harshly criticized Judge Drain’s ruling. However, the government responded by focusing on Rasmea’s failure to disclose the conviction in an Israeli military court on her immigration application. Her failure to confess alleged involvement in two bombings, one of which killed two people at a supermarket in Jerusalem, remains the key factor in her case.

The allegations against Rasmea are serious in a Post 9/11, over criminalizing America. The U.S.’s enduring support for Israeli policies does not aid her case, either. How could anyone disagree with deporting a person who was allegedly involved in terrorist bombing in Jerusalem?

But as jurors, lawyers, judges, and critical thinkers, we are supposed to listen to both sides of a story, no matter its shock value. Rasmea continuously denies her involvement in the attacks in Jerusalem. She states that she was forced to confess to involvement in the bombings after weeks of prolonged sexual, physical, and mental torture experienced by Israeli authorities.

How are we to listen to both sides of a story when Judge Gershwin denied evidence of her PTSD back in October? Judge Gershwin’s refusal to admit evidence regarding Rasmea’s PTSD and experiences within the Israeli prison clearly demonstrates a bias against her as a Palestinian woman of color.

Drain however, did admit, “approximately one hundred documents from the Israeli military court, including her signed confession and information about the 1969 Jerusalem bombings she confessed under torture to participating in.”

It is frightening that the Israel Law Center, stationed in Israel, aided the American government with the prosecution of her case. Why is a foreign, and heavily biased entity, assisting the U.S. government in prosecuting its case? This only proves the political nature of Rasmea’s trial and the arbitrariness in the admittance of crucial evidence.

To elaborate more on issues with the evidence, the videos permitted within the courtroom were a waste of the court’s time as well as highly prejudicial in nature. Clips from documentaries that covered the bombing allegedly featured statements “implicating [Rasmea] in the attack. But none of the clips played by prosecutors, in Arabic with English subtitles, offered any such clear proof.” In fact, Rasmea was never depicted in the clips.

But let’s hypothetically pretend that Rasmea was in fact involved with the bombings. Let’s pretend that the prosecution submitted reliable evidence indicating her involvement. This raises a serious question of whether a person with a criminal background, after so much time has passed, should face prosecution. Or should there be a statute of limitations on such matters?

According to Rasmea’s attorney, Rasmea is dedicated to a life of service and is at an age where her mental and physical health is significantly deteriorating, and suffering from “chronic post-traumatic stress disorder.”

I do not think punishing Rasmea for lying is an appropriate response, given her suffering from serious and unaddressed PTSD. But if punishment is the focus, then by all means, punish accordingly. Deporting her, however, is an irrelevant response to a criminal matter. Rasmea can be prosecuted but her citizenship status should in no way be compromised. Furthermore, deporting Rasmea to Jordan is strategically irrational. Jordan’s notorious peace treaty with Israel does not ensure Rasmea’s physical and mental safety.

The prosecution of Rasmea Odeh is an embarrassing testament to the American justice system. This is the most politically fueled immigration case I have studied in law school. Rasmea is a symbol. The imprisonment and deportation of her body sends a loud and clear message to Arab American activists living in the U.S.A.

Rasmea said that during her life she had suffered many hard blows, but “every time I rebuilt my life, something else from outside would put me back to zero.” This lack of hope infuriates me but keeps me motivated to fight the good fight.

bh