The
thing about courthouse reporting is the stories come packaged for
delivery. For a thirty-dollar check and a five-minute wait, the
clerk at the federal courthouse will hand you a document whose news
value comes pre-certified by affiants with impeccable credentials,
signed off by a U.S. Magistrate Judge.
“That’s
sixty pages,” she says, not meaning to remind you of the audio
thud that television producers delivered yesterday when they dropped
this report in front of the camera from two feet above the desk.
Walking
back out the silent stone building, past the metal detector, wishing
the courteous guardian a nice afternoon, I wonder that times have
changed so many of these heavyweight buildings into inner
sanctums. Thank goodness that I could explain myself briefly.
Standing
later in the May shade across from the Texas capitol, sipping a short
cup of coffee, I am nothing but depressed, having stopped off at the
pizza joint for a stuffed slice and preview of the thudding federal
litany that served in late February to warrant the search of the South
Austin home of Riad Hamad. It is a summary of the last chapter of
his life.
“We
had a very unpleasant visit from the FBI and IRS agents yesterday
morning and they walked out with more than 40 boxes of tax returns,
forms, documents, books, flags, cds etc.,” wrote Riad Hamad in a
Feb. 29 email that was quickly forwarded across the internet.
“The special agent said that they have a probable cause for money
laundering, wire fraud, bank fraud..etc and I think that all of it
stems from more than 35 years of watching me.”
Indeed,
the 60-page package, unsealed last week by the federal court in Austin,
contains an affidavit which swears that Riad Hamad’s home had
been under surveillance enough to be able to report license plate
numbers from his car and those driven by his closest companions in life.
There
is a fourteen page inventory of the stuff that was taken from Riad
Hamad’s house on Feb. 27. Miscellaneous bills seized from
the dashboard of a BMW. Notepad with notes seized from a
briefcase in a Ford Explorer. Tax return info found in a canvas
bag. Deposit slips. Paycheck stubs. Spreadsheets of
addresses, names, phone numbers. Articles of Incorporation for
the Arab-American Cultural Society. Miscellaneous medical records.
From the top stereo shelf of the kitchen the feds seized CD Roms. From the second shelf
they took cassette and camcorder tapes. From the dresser in the
master bedroom they grabbed various letters. From the kitchen
table some W-2 forms. From luggage in the master bedroom they
removed the airline luggage tags.
They
took the Dell Optiplex, the HP Pavillion, the Gateway laptop, and both
Compaq Presarios, along with two generic thumb drives, one Kingston 2GB
media card, and two floppy disks.
From
master closet (hers) they took passports. From master closet
(his) they took 80 video tapes. From the master bedroom
nightstand they took a sheet of paper with handwriting. And from
the family room they took something called “Volkswagon of
America.”
From
the master bedroom desk they took medical bills (’98 forward) and
house purchase documents. From the trash can outside the house
they pulled a postal service package sent from Stone Ridge, NY to Riad
Hamad.
And
David Rovics, if you’re out there listening, they took your CD,
too, from a file cabinet in the office. That’s some of the
stuff listed up to page 8 of 14, but that’s enough, don’t
you think, to get the picture. They came to Riad Hamad’s
house, and they cleaned him out.
Well,
maybe we should also mention (from page 11 of 14) that on the piano
they found a book entitled, “War on Freedom.”
They don’t say what they found in the safety deposit box when that was searched, too.
The
federal agent who asked for the search warrant works for the Joint
Terrorism Task Force, and he sets forth a case of probable cause
involving “an illegal fraud scheme through the use of non-profit
organizations, false documents submitted via U.S. Postal Service, false
documents transmitted via wire communications, the failure to file
federal income tax returns for the years 1999 through 2003 and 2005,
and tax evasion for the years 1999 through 2006.”
There
is absolutely no probable cause that Riad Hamad had anything to do with
terrorism. Some sizable cash payments were allegedly delivered
via ATM to the occupied Palestinian Territories. But according to
Google, the man named in the affidavit as the one who received those
payments appears to be a well-known nonviolent activist. In fact,
the affidavit says very little about where Riad Hamad spent his money.
“Hamad
sends large amounts of money to the Middle East and/or to charities
that forwarded these funds to the Middle East. The disposition of
these funds is unknown at this time.”
At
the website for the Palestine Children’s Welfare Fund, is a list
that has not been referenced in the affidavit or by any press reports
about the affidavit. There Riad Hamad offers some accounting of
his donations and spending. According to my calculations, based
upon the materials that he posted online, Riad Hamad publicly declared
donations in the amount of $491,751.05 and expenses in the amount of
$331,897.00 for the period starting Jan. 1, 2002 and ending Jan. 31,
2008.
Beginning
in 2005, however, there are large gaps in the online numbers, some of
them apparently due to inadvertent sloppiness. For example, Riad
Hamad posted a document that purports to show donations from 2005, but
actually shows donations from 2006. Therefore, he posted the 2006
numbers twice, probably without realizing that he had overwritten his
previous file.
“Most
small nonprofits have terrible record-keeping,” writes an Austin
attorney who helped Riad Hamad find a lawyer after the Feb. 27
raid. On that count, Riad Hamad appears guilty as the rest.
Federal agents hinted that Riad Hamad may have been a tax protester, too.
“Hamad
also filed a document titled ‘Redirect TAX Money AWAY from
Israel’ with the IRS,” says the affidavit.
“Your affiant believes that this form is used by
‘anti-tax’ groups as a way for them to justify not filing
federal income tax returns or not paying income tax to the
IRS.” Riad Hamad sent in the form twice, during 2002 and
2007. He also declared zero withholding from his paychecks.
And when he filed for an extension in 2005, “Hamad listed his tax
liability, Total 2005 payments, Balance due, and Amount you are paying
as being $0.00 for all of the line items.”
So
far, we have a story of a big-hearted man with a temper for justice who
worked fast but loose in the cause of Palestinian children’s
welfare. This is the man that everyone says they know well.
It is the man that I talked to once by telephone when he was helping
the incarcerated Palestinian families at the T. Don Hutto prison in
Texas.
As
a boy growing up in Beirut, Riad Hamad would look from his widow over
tented communities. This is how he remembered it for me:
"What are those tents, Daddy?"
"Those are the Palestinians, Riad. They are waiting to return home."
Could that boy grow up to be capable of killing himself at the age of
55 in despair over what things had come to? Could he put duct
tape over his own eyes, bind his own feet and hands, and drown himself
in Austin’s Lady Bird Lake?
“He
didn’t seem suicidal,” says one Austin attorney who met
with Riad Hamad. And in an email to me on March 1, Riad Hamad
dashed off the phrase, “will fight like hell.”
But
when Riad Hamad called his friend Paul Larudee via cell phone on the
evening of April 14, he spoke in a hushed voice. And when Larudee
shared news that a donation had arrived at the new California address
of the PCWF, Riad Hamad said, “Well, it doesn’t
matter.” He would be dead by April 15. Was it the
ultimate tax protest?
Beyond
this point the affidavit veers into pathetic allegations about the
background details of Riad Hamad’s home finances. Checks
written via credit card accounts. Student loans from several
colleges. Stock accounts. I can understand why Riad Hamad
would not want to face these public humiliations.
By
chance on the bus home I am reading Derrida’s discussion about
the role that pity plays in Rousseau’s account of human
morality. Isn’t pity a good word for what young Riad Hamad
must have felt as he peered out his window upon the Palestinian refugee
camps of the 1950s? Isn’t pity a good word for what
motivates so many people, as Paul Larudee explains, who actually travel
to Palestine and experience the pain of dispossession up close?
And isn’t pity what I right now feel for the kind of pain that
must have consumed the last days of Riad Hamad’s life?
Riad
Hamad never could reconcile himself to a world where so many people
could know so much about the Palestinian children, and care less.
Salamat, Riad Hamad. They are selling your suicide note down at the federal courthouse today.
Salamat, Riad Hamad. Would you have us buy it?
Greg Moses is editor of the Texas Civil Rights
Review and author of Revolution of Conscience: Martin Luther
King, Jr. and the Philosophy of Nonviolence. He is a contributor
to Red
State Rebels: Tales of Grassroots Resistance in the Heartland,
to be published by AK Press in June 2008. He can be reached at: gmosesx@prodigy.net
family room they took something called "Volkswagon of America."
From the master bedroom desk they took medical bills ('98 forward) and house purchase documents. From the trash can outside the house they pulled a postal service package sent from Stone Ridge, NY to Riad Hamad.
And David Rovics, if you're out there listening, they took your CD, too, from a file cabinet in the office. That's some of the stuff listed up to page 8 of 14, but that's enough, don't you think, to get the picture. They came to Riad Hamad's house, and they cleaned him out.
Well, maybe we should also mention (from page 11 of 14) that on the piano they found a book entitled, "War on Freedom."
They don't say what they found in the safety deposit box when that was searched, too.
The federal agent who asked for the search warrant works for the Joint Terrorism Task Force, and he sets forth a case of probable cause involving "an illegal fraud scheme through the use of non-profit organizations, false documents submitted via U.S. Postal Service, false documents transmitted via wire communications, the failure to file federal income tax returns for the years 1999 through 2003 and 2005, and tax evasion for the years 1999 through 2006."
There is absolutely no probable cause that Riad Hamad had anything to do with terrorism. Some sizable cash payments were allegedly delivered via ATM to the occupied Palestinian Territories. But according to Google, the man named in the affidavit as the one who received those payments appears to be a well-known nonviolent activist. In fact, the affidavit says very little about where Riad Hamad spent his money.
"Hamad sends large amounts of money to the Middle East and/or to charities that forwarded these funds to the Middle East. The disposition of these funds is unknown at this time."
At the website for the Palestine Children's Welfare Fund, is a list that has not been referenced in the affidavit or by any press reports about the affidavit. There Riad Hamad offers some accounting of his donations and spending. According to my calculations, based upon the materials that he posted online, Riad Hamad publicly declared donations in the amount of $491,751.05 and expenses in the amount of $331,897.00 for the period starting Jan. 1, 2002 and ending Jan. 31, 2008.
Beginning in 2005, however, there are large gaps in the online numbers, some of them apparently due to inadvertent sloppiness. For example, Riad Hamad posted a document that purports to show donations from 2005, but actually shows donations from 2006. Therefore, he posted the 2006 numbers twice, probably without realizing that he had overwritten his previous file.
"Most small nonprofits have terrible record-keeping," writes an Austin attorney who helped Riad Hamad find a lawyer after the Feb. 27 raid. On that count, Riad Hamad appears guilty as the rest.
Federal agents hinted that Riad Hamad may have been a tax protester, too.
"Hamad also filed a document titled 'Redirect TAX Money AWAY from Israel' with the IRS," says the affidavit. "Your affiant believes that this form is used by 'anti-tax' groups as a way for them to justify not filing federal income tax returns or not paying income tax to the IRS." Riad Hamad sent in the form twice, during 2002 and 2007. He also declared zero withholding from his paychecks. And when he filed for an extension in 2005, "Hamad listed his tax liability, Total 2005 payments, Balance due, and Amount you are paying as being $0.00 for all of the line items."
So far, we have a story of a big-hearted man with a temper for justice who worked fast but loose in the cause of Palestinian children's welfare. This is the man that everyone says they know well. It is the man that I talked to once by telephone when he was helping the incarcerated Palestinian families at the T. Don Hutto prison in Texas.
As a boy growing up in Beirut, Riad Hamad would look from his widow over tented communities. This is how he remembered it for me:
"What are those tents, Daddy?"
"Those are the Palestinians, Riad. They are waiting to return home."
Could that boy grow up to be capable of killing himself at the age of 55 in despair over what things had come to? Could he put duct tape over his own eyes, bind his own feet and hands, and drown himself in Austin's Lady Bird Lake?
"He didn't seem suicidal," says one Austin attorney who met with Riad Hamad. And in an email to me on March 1, Riad Hamad dashed off the phrase, "will fight like hell."
But when Riad Hamad called his friend Paul Larudee via cell phone on the evening of April 14, he spoke in a hushed voice. And when Larudee shared news that a donation had arrived at the new California address of the PCWF, Riad Hamad said, "Well, it doesn't matter." He would be dead by April 15. Was it the ultimate tax protest?
Beyond this point the affidavit veers into pathetic allegations about the background details of Riad Hamad's home finances. Checks written via credit card accounts. Student loans from several colleges. Stock accounts. I can understand why Riad Hamad would not want to face these public humiliations.
By chance on the bus home I am reading Derrida's discussion about the role that pity plays in Rousseau's account of human morality. Isn't pity a good word for what young Riad Hamad must have felt as he peered out his window upon the Palestinian refugee camps of the 1950s? Isn't pity a good word for what motivates so many people, as Paul Larudee explains, who actually travel to Palestine and experience the pain of dispossession up close? And isn't pity what I right now feel for the kind of pain that must have consumed the last days of Riad Hamad's life?
Riad Hamad never could reconcile himself to a world where so many people could know so much about the Palestinian children, and care less.
Salamat, Riad Hamad. They are selling your suicide note down at the federal courthouse today.
Salamat, Riad Hamad. Would you have us buy it?
Greg Moses is editor of the Texas Civil Rights Review and author of Revolution of Conscience: Martin Luther King, Jr. and the Philosophy of Nonviolence. He is a contributor to Red State Rebels: Tales of Grassroots Resistance in the Heartland, to be published by AK Press in June 2008. He can be reached at: gmosesx@prodigy.net
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