Two short articles here  - which may at first seem to have no relation.  But they do.  The first is an article from the New York Times bemoaning the "incivility" of the terrorist trials being held at Guantanamo Bay.  The liberal writer goes on at length about what a shame it is that America is not living up to her own civil standards during these trials.  (Although the first defendant was found innocent of the most serious charges against him). 

The second article from the Wall Street Journal detailing how Random House succumbed to pressure and death threats from Islamic groups and decided not to publish a novel about Aisha, Mohammad's favorite wife.  

Please read these two articles back-to-back and ask yourself which is the bigger threat to your civil liberties?  Is it the lawyers participating in the American military trials at Guantanamo Bay or is it the Islamists who intimidate by threat of death, everyday law-abiding citizens?

New York Times
August 7, 2008
Editorial

Guilty as Ordered

Now that was a real nail-biter. The court designed by the White House and its Congressional enablers to guarantee convictions of high-profile detainees in Guantánamo Bay, Cuba — using evidence obtained by torture and secret evidence as desired — has held its first trial. It produced ... a guilty verdict.

The military commission of six senior officers (whose names have not been made public) found Salim Ahmed Hamdan, who worked as one of Osama bin Laden’s drivers until 2001, guilty of one count of providing material support for terrorism.

The rules of justice on Guantánamo are so stacked against defendants that the only surprise was that Mr. Hamdan was actually acquitted on the more serious count of conspiring (it was unclear with whom) to kill Americans during the invasion of Afghanistan after Sept. 11, 2001.

The charge on which Mr. Hamdan was convicted seemed logical since he did work as Mr. bin Laden’s driver. But it was still an odd prosecution. Drivers of even the most heinous people are generally not charged with war crimes.

It is impossible, in any case, to judge the evidence against Mr. Hamdan because of the deeply flawed nature of this trial — the blueprint for which was the Military Commissions Act of 2006, one of the worst bits of lawmaking in American history.

At these trials, hearsay and secret documents are admissible. Mr. Hamdan’s defense was actually required to began its case in a secret session. The witness was a camp psychologist, presumably called to back Mr. Hamdan’s account of being abused by his interrogators.

Col. Morris Davis, the former chief prosecutor in Guantánamo, put the trial in a disturbing light. He testified that he was informed by his superiors that only guilty verdicts would be tolerated. He also said that he was told to bring high-profile cases quickly to help Republicans score a pre-election public relations coup. 

[Note that the above didn't happen.  He was not convicted on the most serious charges and after being given a very light sentence will be released from prison within 5 months]. 

Colonel Davis gave up his position on Oct. 4, 2007. That, he wrote in The Los Angeles Times in December, was “the day I concluded that full, fair and open trials were not possible under the current system.”

In his article, Colonel Davis described a highly politicized system in which people who were supposed to be neutral decision-makers were allied with the prosecutors. According to Colonel Davis, Defense Secretary Robert Gates pushed out a fair-minded “convening authority” — the official who decides which cases go to trial, which charges will be heard and who serves on the jury.

[This has been the mantra of the Left - that no fair trials are possible under the Bush administration's governance and that everything is completely politicized.  However, the outcome of this case argues against this.  He was found not-guilty on the most serious charges and found guilty on just one relatively light charge.]

That straight-shooting administrator was replaced by Susan Crawford who, Colonel Davis said, assessed evidence before charges were filed, directed the prosecution’s preparation and even drafted charges. This “intermingling” of “convening authority and prosecutor roles,” Colonel Davis argued, “perpetuates the perception of a rigged process.”

Colonel Davis said the final straw for him was when he was placed under the command of William J. Haynes, the Defense Department’s general counsel. Colonel Davis had instructed prosecutors not to offer evidence obtained through the torture technique known as waterboarding. Mr. Haynes helped draft the orders permitting acts, like waterboarding, that violate American laws and the Geneva Conventions.

We are not arguing that the United States should condone terrorism or those who support it, or that the guilty should not be punished severely. But in a democracy, trials must be governed by fair rules, and judges must be guided by the law and the evidence, not pressure from the government. The military commission system, which falls far short of these standards, is a stain on the United States. 

[How is it a stain on the United States, when none of the things this writer fears happened?  The trial was so "fair" and civil that the defendant got off with a very light sentence that will allow him to get out of jail in just 5 months after serving 5 and a half years total.  Let's look at the story below and see if perhaps we have more to fear when it comes to losing our civil rights from these people].

********************************************************************************
WSJ

You Still Can't Write
About Muhammad

Starting in 2002, Spokane, Wash., journalist Sherry Jones toiled weekends on a racy historical novel about Aisha, the young wife of the prophet Muhammad. Ms. Jones learned Arabic, studied scholarly works about Aisha's life, and came to admire her protagonist as a woman of courage. When Random House bought her novel last year in a $100,000, two-book deal, she was ecstatic. This past spring, she began plans for an eight-city book tour after the Aug. 12 publication date of "The Jewel of Medina" -- a tale of lust, love and intrigue in the prophet's harem.

It's not going to happen: In May, Random House abruptly called off publication of the book. The series of events that torpedoed this novel are a window into how quickly fear stunts intelligent discourse about the Muslim world.

Random House feared the book would become a new "Satanic Verses," the Salman Rushdie novel of 1988 that led to death threats, riots and the murder of the book's Japanese translator, among other horrors. In an interview about Ms. Jones' novel, Thomas Perry, deputy publisher at Random House Publishing Group, said that it "disturbs us that we feel we cannot publish it right now." He said that after sending out advance copies of the novel, the company received "from credible and unrelated sources, cautionary advice not only that the publication of this book might be offensive to some in the Muslim community, but also that it could incite acts of violence by a small, radical segment."

After consulting security experts and Islam scholars, Mr. Perry said the company decided "to postpone publication for the safety of the author, employees of Random House, booksellers and anyone else who would be involved in distribution and sale of the novel."

This saga upsets me as a Muslim -- and as a writer who believes that fiction can bring Islamic history to life in a uniquely captivating and humanizing way. "I'm devastated," Ms. Jones told me after the book got spiked, adding, "I wanted to honor Aisha and all the wives of Muhammad by giving voice to them, remarkable women whose crucial roles in the shaping of Islam have so often been ignored -- silenced -- by historians." Last month, Ms. Jones signed a termination agreement with Random House, so her literary agent could shop the book to other publishers.

This time, the instigator of the trouble wasn't a radical Muslim cleric, but an American academic. In April, looking for endorsements, Random House sent galleys to writers and scholars, including Denise Spellberg, an associate professor of Islamic history at the University of Texas in Austin. Ms. Jones put her on the list because she read Ms. Spellberg's book, "Politics, Gender, and the Islamic Past: The Legacy of 'A'isha Bint Abi Bakr."

But Ms. Spellberg wasn't a fan of Ms. Jones's book. On April 30, Shahed Amanullah, a guest lecturer in Ms. Spellberg's classes and the editor of a popular Muslim Web site, got a frantic call from her. "She was upset," Mr. Amanullah recalls. He says Ms. Spellberg told him the novel "made fun of Muslims and their history," and asked him to warn Muslims.

In an interview, Ms. Spellberg told me the novel is a "very ugly, stupid piece of work." The novel, for example, includes a scene on the night when Muhammad consummated his marriage with Aisha: "the pain of consummation soon melted away. Muhammad was so gentle. I hardly felt the scorpion's sting. To be in his arms, skin to skin, was the bliss I had longed for all my life." Says Ms. Spellberg: "I walked through a metal detector to see 'Last Temptation of Christ,'" the controversial 1980s film adaptation of a novel that depicted a relationship between Jesus and Mary Magdalene. "I don't have a problem with historical fiction. I do have a problem with the deliberate misinterpretation of history. You can't play with a sacred history and turn it into soft core pornography."

["Historical FICTION" is a misinterpretation of history by definition.  If it wasn't, it wouldn't be fiction.  She makes up the rule that "you can't play with a sacred history and turn it into soft core pornography.  It's the first time I've ever heard of that particular literary rule.  Because she doesn't like the way it treats her religion she alerts her Islamic pals because she believes threats of physical harm are warranted since someone has dared to break her personal literary rule.]

After he got the call from Ms. Spellberg, Mr. Amanullah dashed off an email to a listserv of Middle East and Islamic studies graduate students, acknowledging he didn't "know anything about it [the book]," but telling them, "Just got a frantic call from a professor who got an advance copy of the forthcoming novel, 'Jewel of Medina' -- she said she found it incredibly offensive." He added a write-up about the book from the Publishers Marketplace, an industry publication.

The next day, a blogger known as Shahid Pradhan posted Mr. Amanullah's email on a Web site for Shiite Muslims -- "Hussaini Youth" -- under a headline, "upcoming book, 'Jewel of Medina': A new attempt to slander the Prophet of Islam." Two hours and 28 minutes after that, another person by the name of Ali Hemani proposed a seven-point strategy to ensure "the writer withdraws this book from the stores and apologise all the muslims across the world."

Meanwhile back in New York City, Jane Garrett, an editor at Random House's Knopf imprint, dispatched an email on May 1 to Knopf executives, telling them she got a phone call the evening before from Ms. Spellberg (who happens to be under contract with Knopf to write "Thomas Jefferson's Qur'an.")

"She thinks there is a very real possibility of major danger for the building and staff and widespread violence," Ms. Garrett wrote. "Denise says it is 'a declaration of war . . . explosive stuff . . . a national security issue.' Thinks it will be far more controversial than the satanic verses and the Danish cartoons. Does not know if the author and Ballantine folks are clueless or calculating, but thinks the book should be withdrawn ASAP." ("The Jewel of Medina" was to be published by Random House's Ballantine Books.) That day, the email spread like wildfire through Random House, which also received a letter from Ms. Spellberg and her attorney, saying she would sue the publisher if her name was associated with the novel. On May 2, a Ballantine editor told Ms. Jones's agent the company decided to possibly postpone publication of the book.

On a May 21 conference call, Random House executive Elizabeth McGuire told the author and her agent that the publishing house had decided to indefinitely postpone publication of the novel for "fear of a possible terrorist threat from extremist Muslims" and concern for "the safety and security of the Random House building and employees."

All this saddens me. Literature moves civilizations forward, and Islam is no exception. There is in fact a tradition of historical fiction in Islam, including such works as "The Adventures of Amir Hamza," an epic on the life of Muhammad's uncle. Last year a 948-page English translation was published, ironically, by Random House. And, for all those who believe the life of the prophet Muhammad can't include stories of lust, anger and doubt, we need only read the Quran (18:110) where, it's said, God instructed Muhammad to tell others: "I am only a mortal like you."

Ms. Nomani, a former Wall Street Journal reporter, is the author of "Standing Alone: An American Woman's Struggle for the Soul of Islam" (HarperOne, 2006).