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Less than a month after Gonzalez, the Rima Al-Baklavi hearing was scheduled to begin. Marshall, Amy, and their team were burning the midnight oil, putting the finishing touches on their second masterpiece presentation. The brief, like the one filed in the Gonzalez case, was filed days earlier. Marshall’s immigration briefs were something for which he was now famous, thanks primarily to Amy Fletcher.
The Gonzalez brief documents, attachments, and annotations were released to the press, which was calling the case a slam-dunk for Marshall. Marshall’s briefing, handling of the trial, and closing arguments, were social media and legal circles legends. Postings said Marshal beat down James Theurer. Lawyers were contacting the Blake firm to refer immigration cases long before a final decision in the case was made. State and local bar associations inquired whether Marshall, Amy, or both might be available to chair legal ‘how-to’ seminars on ‘Effectively Briefing and Arguing an Asylum Case.’
Amid this ‘notoriety nonsense,’ as Marshall referred to it, he and Amy had another important case to argue. Their method and success in hunting down documents, exhibits, relevant material, and witnesses in the Gonzalez case were immeasurable in helping to assemble similar evidence in the Al-Baklavi case. However, there was one important caveat – Syria was on the terrorist watch list, and evidence was much harder to come by.
Flexing financial muscle and a relentless pursuit of justice were becoming hallmarks of the Blake firm. In recent years, Zack, his partners, associates, and support staff, had taken on the Church, the President of the United States, the Manistee Police, White Supremacy, the City of Cedar Ridge, the Bloomfield School District, the NRA, a powerful gun manufacturer, and, most recently, the Republican Party and its rich and powerful candidate for the United States Supreme Court. Every case resulted in victory for the ‘little guy.’ The press referred to Blake’s legal conquests as ‘David beats Goliath’ achievements. In truth, though, at this stage of his career, Zack’s wealth and power had leveled the playing field. These cases had become “Goliath vs. Goliath” battles.
Government efforts to vilify and deport Rima Al-Baklavi were similar to their efforts in the Gonzalez case. Government documents identified the petitioner as the wife of slain ISIS leader, Qassim Al-Baklavi. James Theurer argued that Rima belonged on the terrorist watch list, not on any list of people seeking asylum and citizenship in the United States. However, the government lacked proof of terrorist activities engaged in by Rima. Perhaps she consorted with terrorists. She was married to one. Rima was present when terrorists acted or were arrested, but the government could not prove that Rima Al-Baklavi ever committed a terrorist act. At best, Amy noted, the government decided she was guilty by mere association.
Marshall still had a tough hill to climb. The Al-Baklavi name sent chills down the spines of government officials and agencies whose jobs were to keep American citizens safe. Anti-terrorist watch groups weighed in with Amicus briefs, arguing that one woman’s precarious situation must be considered in light of the devastating potential harm to a large number of American citizens. If in the Al-Baklavi case, the judge erred on the side of a possible terrorist and got it wrong, the consequences could be catastrophic. One clever attorney even quoted Mr. Spock of Star Trek fame. “The needs of the many outweigh the needs of the few . . . or the one.”
Judges are professionals, but they are also human. While they are required to listen only to the facts of the case and apply the law to those facts, it was virtually impossible to ignore the public outcry and media nonsense generated by the Al-Baklavi case. After all, this was not a couple of immigrant parents, separated from their American-born children, and deported for overstaying a visa—Rima was a potential terrorist, asking for shelter in one of the countries her ‘comrades’ vowed to wipe off the face of the earth.
Rima Al-Baklavi spent most of her days in her hotel room, a virtual prisoner, as she waited for her court date. Security personnel retained by Parsons and paid by Blake brought meals to her room. She sought no entertainment and rarely ventured outside her suite. When she did, she never left the hotel lobby. Marshall and Zack knew her comings and goings because Parsons had someone watching her and anyone who came near her, twenty-four/seven.
Finally, the time had come. On the morning of the hearing, Marshall picked Rima up at the hotel. She was waiting for him in the lobby and waved as he approached. A Parsons security officer sprang into action, rushed to the front door, but backed off when he saw that Rima was greeting Marshall Mann. A simple memo would have been nice.
Marshall thanked the guy for his service and turned to leave. As the automatic doors opened, the security guy stepped in front of Marshall and Rima.
“Where do you think you’re going?” he demanded.
“We have court this morning,” Marshall advised.
“Why wasn’t I informed?”
“That is a question for Wayne Parsons, not me. Please step aside. We can’t be late.”
“I can’t do that without authority.”
“My firm hired you. Isn’t that enough?”
“I take my marching orders from Wayne Parsons.”
“Well, sir, get ahold of him now because we’re leaving. You’re welcome to tag along for protection,” Marshall suggested. Rima suppressed a giggle.
The bewildered security guy frantically looked around, hoping to see Parsons or his number one. As Marshall and Rima began to push by him, the man again stepped in front of them.
“Hold the phone, Mr. Mann. I’m going with you.”
“Suit yourself. What’s your name?”
“Branson, sir. David Branson.”
“Well, David Branson, it’s nice to meet you. We appreciate the company. The protection will come in handy when we get to the courthouse. We will probably be mobbed by reporters.”
“Good thing I’m coming along,” Branson asserted.
“Indeed. Let’s go.”
The three climbed into Marshall’s Land Rover and headed south on Woodward Avenue toward Detroit. The thirty-plus mile trip was uneventful, made in complete silence. Branson had no attorney-client privilege. Marshall parked the car in a lot on Fort Street and headed toward the courthouse.
Detroit Police had the courthouse entrance roped off in advance of what they knew would be a high-profile case. Reporters were required to stand east or west of the entrance, or across Fort Street, in an area at least one hundred feet from the entrance. Marshall surveyed his surroundings, observed the crowd and commotion, and crossed the street from south to north, a block east of the courthouse. He stopped halfway and led David and Rima down the middle of Fort Street. Most reporters didn’t notice them until it was too late. Others, unable to cross the rope line, were helpless to do anything. They didn’t speak up because they were likely to hand their competitors a scoop.
As the trio approached the entrance, reporters identified them and began to scream rapid-fire questions. Photographers snapped photos while cameramen shot and captured video. All Marshall and Rima saw and heard was a cacophony of human noises, reporters screaming questions in rapid succession, flashes, and lights, all completely obscuring any particular inquiry. Police rushed the threesome into the building. Sudden quiet ensued as the entry doors closed on the mob.
Marshall led a shell-shocked Rima through security, where one-by-one they passed through a body scanner. After an uneventful screening process, they headed toward a bank of elevators. They rode the elevator to the third floor. It was a tad crowded outside Judge Irving Tucker’s courtroom, but nothing compared to the mob they just encountered or would encounter once reporters gained access to the premises.
Marshall led his companions to the courtroom. Once inside, he directed Branson to the gallery seats and pushed Rima forward to the counsel table where Amy Fletcher was already seated, organizing briefing papers. James Theurer greeted Marshall as he breezed by to check in with the court clerk. On this day, given the intense scrutiny and publicity afforded the case, the familiar cattle call approach was nixed, and Al-Baklavi was the only matter on Tucker’s morning docket.
Just as the clerk told Marshall to be seated at the counsel table, the courtroom doors opened, and reporters streamed in, shouting questions. The court officer cried for order, but the unruly crowd pressed forward. The clerk grabbed the judge’s gavel, slammed it, and shouted, “Sit down and shut up, or I swear to God, I will call in the cavalry and have this courtroom cleared.” Fear of being evicted and replaced by alternate reporters was enough to restore order. Finally, after everyone had settled and quieted, a buzzer sounded.
“All rise!” cried the clerk.
Judge Irving Tucker stormed into the courtroom, rushed to his seat on high, and slammed his gavel.
“Be seated,” he ordered, clearing his throat.
Tucker was a small, elderly man, maybe 5’ 3” with lifts in his shoes. His too-tight black robe failed to obscure his rotund stomach and large tush—he resembled a penguin. Lawyers famously referred to him as the familiar character from the Batman comic books and movies. However, whether or not attendees and lawyers thought he was odd-looking, this was Tucker’s courtroom, and he was not pleased with what he heard from his chambers.
“Before I call the case, I wish to address the pandemonium that erupted in my courtroom as I prepared to take the bench. While I understand this case has garnered significant publicity, the parties seek justice, a fair hearing, and a decision on the merits of their respective cases. I will not tolerate disrespect for them, this proceeding, me, my court officer, or other staff members. Anyone causing a disturbance, no matter how tiny . . .” Tucker squinted and pinched his thumb and forefinger together, simultaneous to saying ‘tiny’ . . . “will be asked to vacate these premises. When I ask whether this warning is clear, you will respond, ‘crystal.’ Is that clear?”
“Crystal,” the gallery shouted.
“Excellent!” The judge snapped. “No more damned outbursts!” He slammed the gavel for additional impact, glanced over to the counsel tables, and immediately changed his expression and tone. “Nice to see you again, Mr. Mann, Ms. Fletcher, Mr. Theurer,” he crooned with a smile, syrupy sweet. “The clerk will call the case.”
“In the Matter of Rima Al-Baklavi,” the clerk announced.
“Appearances for the record, gentlemen?”
“Marshall Mann, for the petitioner, Your Honor.”
“James Theurer, for the government, Your Honor.”
“Any preliminary matters before we proceed, gentlemen?”
“No, Your Honor, we have worked most of our procedural differences out. May we approach?”
“By all means.”
The two attorneys walked up to the bench. An animated conversation developed, with Judge Tucker engaging in various odd gyrations and reactions to the arguments. Rima and the reporters wondered what was going on.
“Step back.” The judge finally ordered the attorneys away from the bench with a wave of his hand.
“Proceed, Mr. Mann,” the judge commanded.
Marshall leaned toward Rima and whispered something into her ear. He stood and walked to the podium.
Opening statements were routine—Marshall promised to demonstrate that Rima Al-Baklavi was never in trouble with the law in Syria and only fled the country after her husband’s failed kidnap and ransom plot against two American citizens. Marshall promised the evidence would demonstrate that Rima was not a co-conspirator but was, however, instrumental in assuring hostage safety and rescue. He promised to call multiple witnesses, including operatives from the Parsons firm and private investigators from Micah Love’s office. Marshall’s basic premise was that Rima did not seek to come to the United States. Rather, she was dragged here by private security forces after helping to foil the hostage plot.
“As things turned out, these security force witnesses will testify that Rima Al-Baklavi was a principal reason the security force and the hostages escaped Syria with minimal casualties.”
Theurer’s argument was exactly what Marshall expected.
“The evidence will show that petitioner was part of the terrorist circle, played an intricate role in the planning and implementation of the kidnapping plot, had a deep hatred of the United States, and represents a clear and present danger to the citizens of this great country. If she is granted asylum and citizenship in the United States, every citizen of this country will be in great danger.”
After opening statements, Judge Tucker invited Marshall to call his first witness. He called Rima Al-Baklavi. As Rima approached the witness stand to be sworn in, Judge Tucker interrupted and addressed Marshall.
“Before you begin, Mr. Mann, do you mind if I ask the witness a few questions?”
“Not at all, Judge,” Marshall responded. He glanced at Amy, wondering where this was going. Amy was fluent in Arabic and would handle any communications issues.
“Ms. Al-Baklavi, may I call you Rima? It’s much easier.” He smiled
“Yes, sir.”
“Good. Rima, are you familiar with the evidence contained in your application for asylum and the brief and attachments filed by your attorney?” The judge held up the briefing notebook. Rima looked to Amy, who immediately translated the judge’s question. This procedure continued throughout her questioning.
“Yes, Your Honor. My attorney has shown me these documents.”
“In your application, you say that you will be in trouble if you are sent back to Syria. How do you know this?”
“Well, Your Honor, I know because I have multiple family members still in Syria. Their statements are in those documents.” She pointed to the briefing notebook.
“Page 18, et seq., Your Honor,” Amy directed, speaking for the first time.
“Thank you, Ms. Fletcher. I found it. For the record, I’m looking at these statements now. Your relatives signed affidavits indicating that they’ve had to go into hiding following the death of your husband. Why is that?”
Judge Tucker was dangerously close to requiring her to testify about her own criminal act. Instead, she responded as she’d been intensely coached.
“Because my husband’s family unjustly blames my family for my husband’s death and the hostage escapes, without payment of ransom.”
“Do you know why?”
Amy interrupted again. “It is all in our brief, Your Honor, page 22, beginning at line 7. We also have letters and affidavits from family members specifically on point. We might have gotten even more. However, it became too dangerous for these people to emerge from hiding from the terrorists. After all, it is Syria, Your Honor.”
“Again, I have found and read the reference. Still, I would like to hear it straight from the horse’s mouth. Ms. Al-Baklavi?”
“I have no idea why they would blame my family, sir. They have done nothing wrong.”
Rima held up well through the judge’s questions, Marshall's direct examination, and Theurer’s cross. Miraculously, she escaped having to answer the question about whether she did anything wrong. Concerned about terrorist activities rather than the details of her husband’s death, both judge and government lawyer missed the opportunity to inquire whether Rima was involved in her husband’s death. Instead, both focused on the possibility that she aided and assisted in her husband’s organization. She could honestly answer, under oath, that all she did was cook food and tend to the injured.
Theurer questioned Rima’s allegation that she assisted the hostages. He suggested, instead, that she offered aid or comfort to terrorist groups. She specifically denied this, and Marshall interjected that he had plenty of witnesses, Wayne Parsons’ entire rescue team, who would testify that Rima was a primary factor in the safe retrieval of the hostages. Marshall presented multiple affidavits of Parsons, other security officials, and some civilians present on the scene. The entire rescue team testified one way or the other.
Experts in the field of international Islamic terrorism testified that Al-Baklavi’s death, coupled with Rima’s escape, made her public enemy number one in Syria, a target in her own country. Rima and the others read witness statements and affidavits into the record, a very effective tool of persuasion. Evidence delivered from a live witness permitted the judge to evaluate the credibility of the witnesses and the sum and substance of the evidence. Rima was so well-coached by Amy’s trial prep team; she had no trouble testifying to the content of these documents.
Theurer objected throughout the presentation, claiming that Marshall was presenting hearsay documents and testimony, presenting, essentially, a weak house of cards. Marshall pushed back.
“Every lawyer and judge in this courtroom knows that hearsay rules are loosely applied in immigration court, Your Honor. Please read my materials and, with all due respect, study the witness statements—take judicial notice of their consistency. These witnesses are being presented in this manner for expediency only. I can produce many of these witnesses in person if you so desire, but the test, as counsel well knows, is not that hearsay can’t be admitted, but whether it is fundamentally fair for this evidence to be admitted, hearsay or not.
“As Your Honor and brother counsel well know, the evidence does not need to pass all Federal Rules of Evidence requirements. Origin of the documents goes to the weight of the evidence, not to the admissibility of the evidence. Even if you were to accept counsel’s arguments relative to the origin of the docs, origin is not suspect here. Read our presentation, Your Honor. We have authenticated every document and statement presented today. In fact, every piece of evidence, regardless of character, has been checked and rechecked, verified and re-verified, and corroborated by multiple sources. In other words, Your Honor, every single piece of evidence presented has been absolutely authenticated.”
Marshall’s final witness entered the courtroom. As Canan Izady walked through the double doors at the rear of the courtroom, there was quite a buzz. Marshall summoned her forward, pushed open the gate to the witness stand, and held it open for her to pass through. He guided her to the witness stand, where the court officer awaited her to administer the oath.
“Do you solemnly swear that your testimony will be the truth, the whole truth, and nothing but the truth, so help you God?” The officer inquired.
“I do,” Canan swore.
“Please be seated and state your name for the record, please.”
“Canan Izady.”
“Proceed, Mr. Mann,” the judge prompted.
“Ms. Izady, may I call you Canan?” Marshall smiled.
“You may.” Canan cleared her throat. Marshall took her through personal information, such as her upbringing, marital status, children, religious beliefs, etc., and then got down to business.
“Are you acquainted with the petitioner, Rima Al-Baklavi?”
“Yes.”
“How did you first meet?”
“Her husband took my daughter and me hostage in Syria. She was brought into our tent to tend to our needs and clean us up.”
“Did she harm you in any way?”
“No. On the contrary, she was very kind and caring. She tried to comfort Hana and me and helped us out throughout the rather horrible ordeal. I don’t know that we would have made it through without her.”
“Did she work for the terrorists?”
“I did not know this when we first met, but I later discovered that she was married to the guy in command. In my opinion, however, she did not agree with his taking us hostage.”
“Objection, Your Honor!” Theurer shouted from his seat at the counsel table. “Calls for speculation!”
“Sustained. Move on, Mr. Mann. I get the idea.” Trying a case to a judge rather than a jury is an entirely different animal.
“Certainly, Your Honor. Canan, are you speculating when you say she didn’t agree, or do you have reason to know she didn’t agree?”
“I know she disagreed. She intervened every time someone tried to hurt us. She shielded us from her husband and protected us from his temper and his wrath. She literally saved our lives and helped us escape.”
Marshall could not ask how she did this. Canan would have to admit that Rima killed her own husband to assist the hostage escape.
“How do you know this?”
“Because I didn’t know she was the man’s wife until after we were rescued. She confided in us that she did not condone the taking of hostages and could not stand aside and let her husband execute a young mother and child, no matter the cause.”
Marshall was treading on thin ice. “Do you know what, if anything, she did about it?”
“No. I have no personal knowledge, but I know, in my heart, she was opposed to this violence. That much was obvious. I asked her how a nice woman like her could hook up with terrorists.”
“What did she tell you?”
“She fell in love with her husband when he was a man of peace. He became a terrorist after they met and fell in love. She was in agony, crying. She did not agree with his transformation to evil. In that culture, there is little a woman can do about these things. Rima Al-Baklavi is a woman of remarkable courage, a hero in my eyes.”
“Your Honor . . .” Theurer rose to object.
“Overruled,” Judge Tucker ordered. “She is testifying from her own memory. You may continue Mr. Mann.”
“Thank you, Your Honor.”
“How did you leave it with her after it was all over?”
“I told her: ‘From the bottom of my heart, thank you for saving our lives.’”
“Thank you, Canan. That’s all I have.”
“Your witness, Mr. Theurer.”
Theurer cross-examined and was rather harsh in his treatment. Judge Tucker did not appear to appreciate the approach, and Theurer risked alienating the judge. Worse, Theurer could not shake Canan’s resolve that Rima was a victim of circumstance rather than a willing participant in acts of terror. And the miracle continued—James Theurer never asked Canan if she had personal knowledge of the circumstances of Qassim Al-Baklavi’s death. Theurer and Judge Tucker were apparently content that Al-Baklavi somehow was killed in the assault on the campsite.
Canan was excused after cross-examination. As she walked by Rima, she gave her a smile and a thumbs-up sign. Rima was terrified to react to the gesture and remained stone-faced. Marshall called several members of Parsons’ strike force; all testified that they found Al-Baklavi riddled with bullets after the assault. Not a single operative could testify that he or she killed the terrorist. Each testified that he or she personally witnessed Rima Al-Baklavi providing comfort and shelter to Canan and Hana. Rima was handcuffed, as a precaution, brought to the United States, interrogated, and offered an opportunity to seek asylum. Not a single operative could identify Rima as a terrorist or participant in the hostage-taking.
Marshall rested his case. Theurer had no direct witnesses to tie Rima to the terrorists. Other than emphasizing Rima’s marriage to Qassim, Theurer could do little to dispel the notion that Rima was opposed to terror and hostage-taking. He could not prove, by any means, that Rima participated in the plot to kidnap, the actual kidnapping, or the imprisonment of Canan and Hana. Instead, he focused on her husband, known associates and family members, her family members, and their common associates and comrades.
In Marshall’s opinion, Theurer didn’t come close to puncturing Rima’s claims of innocence. Amy was astounded that Rima’s role in Qassim’s death never became an issue at the trial. Everyone involved seemed satisfied that Qassim was killed in the raid on the camp.
On rebuttal, Marshall returned to the theme of the two fears. His brief and attachments artfully portrayed a woman whose courage and actions supporting the two hostages made it impossible to return to Syria. She would be imprisoned, tortured, and finally, killed. Marshall had the proof, witnesses, records, and reports that supported these theories. He also tried to reduce the societal concern that Rima would be a threat to American citizens. No one witnessed her doing anything illegal. There was no evidence linking her to terrorist activities. The issue that seemed to be of the most concern to Homeland officials and Theurer was what Marshall referred to—very effectively—as guilt by association. She might be guilty because she married the bad guy before he became a bad guy.
In his closing argument, Marshall claimed that guilty in the eye of public opinion was not a legal standard. Theurer was required to prove her guilt in a court of law. He failed to meet this burden. Theurer continued to stress the danger to innocent Americans and demanded that Tucker weigh the good of society, even if he was wrong, against the civil rights of one non-citizen. Marshall believed the argument was weak and borderline pathetic. Finally, the record was closed. Rima’s bond was continued pending a ruling, which Judge Tucker promised within sixty days. In the Matter of Rima Al-Baklavi was almost over.
***
Marshall and Amy met Zack at the Moose Preserve Bar & Grill in Bloomfield Hills. Zack had other civil matters scheduled and could not attend the hearing. He wanted a blow-by-blow description of the proceedings.
“To tell you the truth . . .” Marshall began.
“No, lie to me! I hate that expression,” Zack snapped.
“Huh?” Marshall was stunned at the retort. “What did I say?”
“To tell you the truth —” Zack grumbled.
“Geez, Zack. It’s just an expression.” Amy defended her direct supervisor.
“Sorry, bad day.” Zack was genuinely apologetic.
“Have a drink and stop being an asshole,” Marshall snickered. “This was a great day for Rima Al-Baklavi. At least, we think it was. No telling what Tucker will do, but the case is there for him. All he has to do is ignore all the press and public circus and do the right thing.”
“Hard for a judge, sometimes.”
“True, I guess. Anyway, I could not have asked for a better day. The testimony went better than expected—almost perfect. Amy’s briefing was incredible. Everything that supported Rima’s kindness and bravery came in, and never, not once, did Tucker or Theurer assume that anyone other than Parsons Security forces took out Qassim. It’s the shock of my career. I never thought we’d pull it off.”
“Unbelievable! What a break! What a story! Too bad we can’t tell anyone.”
“Too bad? Why too bad?” Marshall wondered.
“Rima could make a fortune on the novel or movie rights.”
“Oh. Yeah, I guess she could. But freedom here in America and a new lease on life will be enough reward for her—want the blow by blow?”
“Absolutely.”
Zack ordered another round. Marshall and Amy spent the next hour telling what would, one day, be their most famous legal war story.
“Remarkable,” Zack concluded. “One for the record books.”
