On Tuesday April 27, Fahad Hashmi took a government plea bargain. He pleaded guilty to 1 count of conspiracy for allowing an acquaintance to store waterproof socks, ponchos and raincoats in his apartment. The government dropped the other 3 charges. Fahad made this decision after having served 3 long years in solitary confinement and one day after Judge Preska approved the government’s recent request for an anonymous jury with extra security measures. In addition to the use of secret evidence and indefinite solitary confinement in Fahad’s case, the move to have an anonymous jury raised already heightened concerns as to whether a fair trial was even possible. With sentencing to happen on June 7, Fahad faces a maximum of 15 years, as opposed to the 70 years he might have faced if he had been convicted on all 4 counts. With time already served (4 years total) and considerations for good behavior, Fahad could be out in less than 10 years. It is of note that on the eve of the trial the government was willing to shave 55 years off the potential sentence.
Today’s decision does not in any way detract from the importance of the work we’ve been doing and the civil rights and human rights issues that Fahad’s case has raised. The government’s use of Special Administrative Measures and the attacks on due process in “terrorism” cases like Fahad’s continue and cast a pall on the US justice system. For that reason, we plan to hold our usual vigil on Monday night outside the Metropolitan Correctional Center. We hope you will spread the word and join us.
We will be posting further thoughts and analysis on Fahad’s case and the attendant issues in the coming week.
CUNY 4 Fahad
Theaters Against War
Educators for Civil Liberties