U.S. court agrees to public hearing for man accused of terrorist link

DETROIT - A U.S. federal appeals court on Monday upheld a lower court ruling that a deportation hearing must be open to the public for a Lebanese man accused of running a charity that funneled money to terrorists.

Rabih Haddad of Ann Arbor has been detained since his Dec. 14 arrest on a visa violation. That same day, the Treasury Department ( news - web sites) froze the bank accounts of his Global Relief Foundation and agents raided its office in the Chicago suburb of Bridgeview.

Federal officials sought a closed deportation hearing for Haddad on national security grounds, arguing that opening the session to the public and news media would help terrorists understand the government's strategy.

A three-judge panel of the 6th U.S. Circuit Court of Appeals ( news - web sites) in Cincinnati was unanimous in rejecting the government's appeal Monday.

"A government operating in the shadow of secrecy stands in complete opposition to the society envisioned by the framers of our Constitution," it said.

The Bush administration has said it suspects Global Relief of having ties to terrorism. No criminal charges have been filed against Haddad or the foundation, and both have denied any involvement with terrorism.

The government appeal had been opposed by lawyers for the American Civil Liberties Union ( news - web sites), several newspapers and Michigan Congressman John Conyers. Haddad's trial was to have started Tuesday but was rescheduled for Oct. 7 before INS Judge Elizabeth A. Hacker in Detroit.

"The court's decision clearly affirms that the government must be kept in check by the people," ACLU spokeswoman Wendy Wagenheim said.

Gregory Katsas, a Justice Department ( news - web sites) lawyer who handled the appeal, did not immediately return a telephone message seeking comment.

Haddad has sought political asylum in the United States, saying he feared he would be persecuted if he returned to Lebanon.

The Justice Department said in a written statement that it disagreed with the court's decision but had not decided whether to appeal to the Supreme Court.

"The Justice Department has an obligation to exercise all available options to disrupt and prevent terrorism within the bounds of the constitution," the statement said.

From the posted opinion at the U.S. 6th Circuit Web Site:

Lastly, the public's interests are best served by open proceedings. A true democracy is one that operates on faith - faith that government officials are forthcoming and honest, and faith that informed citizens will arrive at logical conclusions. This is a vital reciprocity that America should not discard in these troubling times. Without question, the events of September 11, 2001, left an indelible mark on our nation, but we as a people are united in the wake of the destruction to demonstrate to the world that we are a country deeply committed to preserving the rights and freedoms guaranteed by our democracy. Today, we reflect our commitment to those democratic values by ensuring that our government is held accountable to the people and that First Amendment rights are not impermissibly compromised. Open proceedings, with a vigorous and scrutinizing press, serve to ensure the durability of our democracy.

Whether or not you agree with the ruling, these so called guardians of the constitution need a civics lesson.

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