Brandon Mayfield stands up for U.S. Fourth Amendment
By Toshio Suzuki
Soon, it will be three years since the U.S. government deemed Oregon attorney Brandon Mayfield a material witness connected to the terrorist bombings that killed 191 in Madrid, Spain.
Speaking rarely in public since his wrongful incarceration and subsequent $2 million settlement with the federal government, Mayfield, aided by one of his attorneys, Elden Rosenthal, told his story March 8 to a Solomon's Legacy luncheon at the Benson Hotel where he made the Fourth Amendment (unreasonable search) a key issue.
The Mayfield case is known across the country for many unprecedented reasons, none more unique than the partial settlement from November of 2006, which, in addition to the payout, allows for further challenges of the USA Patriot Act.
While Mayfield's case makes a compelling argument for those who oppose the powers of the Patriot Act, the case also seriously damaged the credibility of fingerprint identification and questioned the FBI's ability to partner effectively with foreign intelligence departments.
As a Muslim convert and practicing attorney, many of the details surrounding Mayfield's case were of particular interest to the Solomon's Legacy attendees, a group comprising primarily Jewish community lawyers affiliated with the Jewish Federation of Greater Portland.
Mayfield compared the George Orwell novel "1984" to current realities of America's war on terrorism, which Mayfield suggested was being mishandled.
"I'm talking about George Orwell's frightening brave new world order, where war means peace, ignorance is strength ? where an act that strips you of your civil rights can be called a Patriot Act; and where a war of aggression and occupation can be called operation infinite freedom."
Having recently moved into a new house with his wife, Mona, and his three school-age children, Mayfield recounted the eerie sensation they shared of knowing something was awry in their family home, only later discovering they were subject to Patriot Act section 213 "sneak and peak" entries.
These searches, including the placement of electronic surveillance devices, also occurred at Mayfield's law office.
Thanks to what he called the "ineptitude of the local FBI," the Mayfield family noticed unbolted locks, altered window blinds and large foot prints on their clean carpets, an obvious violation for a household that by custom doesn't wear shoes indoors.
To this day, even after the successful lawsuit, the Mayfields don't know where the federal government put their electronic bugs.
"The very horrific pain, torture and humiliation that this has caused myself and my family is hard to describe," said Mayfield. "The days and months during my arrest, following my arrest, are some of the hardest we've ever had to endure.
"I don't want what happened to me and my family to happen to you."
Mayfield rarely raised his voice, but he needed no extra emphasis to articulate his resistance of the Bush administration's "capitalist war machine."
During his two weeks in jail Mayfield said he was subject to strip searches, cavity searches, lockdowns, sleep deprivation, threats, unsanitary living conditions and physical pain.
Mayfield also argued against the constitutionality of the Material Witness Act of 1984, the Army Counter-Terrorism Act of 1995 and the Military Commissions Act of 2006, in addition to opposition to the Patriot Act.
"The Fourth Amendment, which has served us well for nearly 200 years, was altered under the guise that it was necessary to make us safer," said Mayfield, adding that the crafters of the 1978 Foreign Intelligence Surveillance Act obviously didn't heed Benjamin Franklin's maxim, that those who would give up liberty for a little temporary security, deserve neither and lose both.
Portland lawyer Elden Rosenthal spoke after his client. He said that not since the 1970s could he remember being so afraid of the U.S. government.
Rosenthal said complacency at this time in history could be dangerous because it is unknown how many citizens have been investigated like Mayfield.
"Mr. Mayfield's case is unique only because we know it happened," he said. "Because, make no mistake about it, Brandon Mayfield is an ordinary American citizen."
After almost an hour of discussion that highlighted Mayfield's tragedy and implicitly questioned the sanctity of every American's inalienable rights, another serious question elicited what appeared to be a much-desired laugh.
"What change would you make administratively in regard to Homeland Security?" one lawyer asked Mayfield, who almost immediately repositioned the microphone in front of his counsel.
When the laughter subsided, Rosenthal said, "We won World War I and World War II without throwing out the Fourth Amendment."
"What's important as Jews is we support the fundamental laws that have allowed us to thrive in this country, and sit in this beautiful banquet room, go back to our nice offices, make decent livings and not be arrested."