CINCINNATI, Aug. 26 (UPI) -- A federal appellate court Monday ordered deportation hearings for an Ann Arbor, Mich., Muslim activist open to the public.
The decision by the 6th U.S. Circuit Court of Appeals is considered a setback to the government, which had claimed the hearings should be closed for reasons of national security.
"A government operating in the shadow of secrecy stands in complete opposition to the society envisioned by the framers of our Constitution," the court ruled in opening hearings for Rabih Haddad, who co-founded the Muslim charity Global Relief Foundation.
"When the government selectively chooses what information it allows the public to see, it can become a powerful tool for deception."
The Justice Department is expected to appeal.
The decision came out of lawsuits filed by a number of newspapers and Rep. John Conyers, D-Mich.
"Without question, the events of Sept. 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," the court said. "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."
"This means that John Ashcroft cannot pick and choose which immigration cases will be open to the public," Michigan American Civil Liberties Union Executive Director Kary Moss told the Detroit Free Press. "Even more importantly, it affirms the principal that an informed public is the most potential of all restraints on misgovernment."
Haddad, 41, is a Lebanese native. He was arrested Dec. 14 for overstaying his visa as federal agents shut down the offices of Global Relief of Bridgeview, Ill., which the government alleges helps finance terrorism. Deportation hearings for Haddad's wife and three of his four children also are pending. His next scheduled hearing is set for Oct. 7.
"It's nice to know the Constitution didn't die after Sept. 11," Haddad attorney Noel Saleh told the Free Press.
Monday's opinion notes the government has virtually unrestrained ability to keep certain people out of the country and that though the Bill of Rights prevents expulsion of citizens for their beliefs, it conveys no such protection to immigrants seeking to enter the country.
"The only safeguard on this extraordinary governmental power is the public, deputizing the press as the guardians of their liberty ...," the court said.
"Today, the executive branch seeks to take this safeguard away from the public by placing its actions beyond scrutiny."
The court noted "deportation proceedings historically have been open" although exceptions have been made. It also noted that though Congress explicitly ordered exclusion hearings closed, it made no such provision for deportation hearings.
The government had argued longstanding regulations allow the closure of deportation hearings to protect witnesses, parties or the public interest. The government also said opening Haddad's hearing could compromise the federal government's investigation into the Sept. 11 attacks.
The court disagreed.
"While we sympathize and share the government's fear that dangerous information might be disclosed in some of these hearings, we feel that the ordinary process of determining whether closure is warranted on a case-by-base basis sufficiently addresses their concerns," said the 27-page decision written by Judge Damon Keith.
"Using this stricter standard does not mean that information helpful to terrorists will be disclosed, only that the government must be more targeted and precise in its approach."
The court added: "Democracies die behind closed doors. The First Amendment, through a free press, protects the people's right to know that their government acts fairly, lawfully and accurately in deportation proceedings.
"When government begins closing doors, it selectively controls information rightfully belonging to the people. Selective information is misinformation. The framers of the First Amendment did not trust any government to separate the true from the false for us. They protected the people against secret government."
The judges also noted no secrets have been revealed by the hearings so far.
