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Zachary Adam Chesser: May 2, 2013 (Dedicated in Hardship & Ease)

BismIllaah ir-Rahmaan ir-Rahiim,

22 Jumaad ath-Thaani, 1434

As-salaamu ‘alaykum wa rahmatUllaahi wa barakaatuh,

Akhi, forgive me if my response to such a well-thought letter is unduly short, but I have to save my money at the moment, and these e-mails are actually quite expensive.

Al-hamdu Lillaah, all of these things are true, but they are only true for certain people. There are many people whom prison brings them too much fitnah and so their iimaan gets broken by these fitan. If someone is patient with Allaah’s decree, sincere in his ‘ibaadah and they have taqwaa to keep themselves from getting sucked into sins, then prison will be like a religious retreat for them. However, if they do not have these things, then prison is simply a punishment from Allaah upon them, a test to expose them, and a hardship in this Dunya which is preceding further hardship in the Aakhirah.

Allaah says:

(وَلَنَبْلُوَنَّكُمْ حَتَّىٰ نَعْلَمَ الْمُجَاهِدِينَ مِنكُمْ وَالصَّابِرِينَ وَنَبْلُوَ أَخْبَارَكُمْ ﴿٣١

“And we shall test you all until We know the Mujaahidiin from among you and the Saabiriin, and We test your report.” (Suurah Muhammad, 47:31)
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Zachary Adam Chesser: May 21, 2013 (Good News on Prayer Lawsuit)

In the Name of Allah, the All-Merciful, the Bestower of Mercy:

I am just writing to all of you to inform you of some good news on a lawsuit I have filed in the Southern District of Illinois over our prisons’ denial of our ability to pray in congregation, as I believe each of you are interested in these proceedings in one way or another. To clarify, there are two CMUs, but only people at the one in Terre Haute, Indiana are now allowed to make congregational prayer, and the Muslims in the CMU where I am incarcerated (Marion, IL) are still prohibited, so this is different from the suit by John (Yahya) Walker Lindh.

My suit recently passed screening, although I had some errors I am trying to correct to get some dismissed defendants back in the case, which is a very important hurdle. The judge took judicial notice of the suit filed by Yahya Lindh, and also ordered a magistrate judge to hold an evidentiary hearing for a preliminary injunction as soon as possible. This is of course important, but I just received some news which is actually a better sign of how the court is likely to behave in this case than even these matters.

Today, I received an order granting my motion for appointment of counsel, which means that the court is going to pay for me to have an attorney. Courts rarely do this in cases filed by prisoners, and it is almost unheard of when the case is at such an early stage as this one is. In fact, the defendants have not even made an appearance in court yet, much less have they filed any of the different types of motions to dismiss all or part of the case that normally occur before a court will even entertain a motion for appointment of counsel (literally it is apparently for “recruitment,” not appointment, but they are effectively the same thing). Thus, the order granting this motion is a strong indication that the court views this as a highly meritorious case, which deserves the professional expertise of a licensed attorney to make sure the right verdict is reached.

Allah knows best when I will actually obtain counsel, but this should also literally save me hundreds of hours of work, so it is a great blessing in that regard to, for which I thank my Lord.

We ask for your prayers and your support going forward.

Anyone who has questions should feel free to send them.

Zakariyya Chesser

Zachary Adam Chesser #76715-083
USP Marion
U.S. Penitentiary
PO Box 1000
Marion, IL 62959
USA
 

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Zachary Adam Chesser: Assalawat

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Zachary Adam Chesser #76715-083
USP Marion
U.S. Penitentiary
PO Box 1000
Marion, IL 62959
USA
 
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Posted by on May 18, 2013 in Sketches

 

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Zachary Adam Chesser: April 24, 2013 (Response to ‘A Benefit from Prison – When They Turn Their Backs on You!’)

[Response to Sh. Ahmad Jibril's article 'A Benefit from Prison – When They Turn Their Backs on You!']

SubhaanAllaah, I am not a scholar, but this is very true and I have seen it myself. The number of brothers I used to know closely who have written me since my arrest around three years ago is just one. A couple other brothers visited me as well as this one. As for the brother who wrote me, then he certainly took good care of me and I cannot say anything against him. He helped me in many ways which I can only make Du’a to Allaah in hopes of repaying him.

Another brother and his family, whom I did not know terribly well before my arrest also helped me in some major ways. When my wife was forced to leave the country, he volunteered to take care of her in Jordan and to help her get by. This brother was also the only person I have found since my arrest who was willing and able to get fataawa answered for me. For me, this is maybe the most important thing anyone can do, because I am not able to access any shaykh for help.

However, and I swear by Allaah that this is a heavy burden on the backs of the scholars who are heedless, when I tell you who was the only scholar we were able to find to answer certain questions, it will amaze you and only add to the things which Shaykh Ahmad Jibril has mentioned. This brother sent some of my questions to numerous individuals and posted some publicly. However, almost none of these were answered. The few that I did receive answers on were from perhaps the single scholar on the face of the earth with the greatest excuse not to answer my questions.

The brother had my questions sent to the imprisoned scholar Abu Muhammad al-Maqdisi (may hasten his release). Why is it that my questions had to travel half-way around the world to a brother in Jordan, through a few people, then to a shaykh who is in prison himself before they could be answered? To put in perspective the difficulty of this situation, the prison in America blocked some of the responses after learning that this shaykh was in prison himself, so I did not even get all of these answers. I have written publicly and privately seeking help in this regard. Finally, I found a masjid in a magazine which I just randomly wrote to, and I hope they are going to respond as they suggested they might.

Unfortunately, the brother who was helping me and my family went through some very hard times himself. This caused the prison to block me from contacting him for a long time. They have finally re-approved him, but I think now he does not have as much ability to communicate with me and he has not seen the request for communications in his inbox, because of this.

As for what the shaykh said about brothers testifying against others, then there is a duty on those on the outside too. This is not a simple issue where brothers all know the rulings on the matters. It is upon those on the outside to rush to educate brothers who are arrested on the fact that this is still impermissible in almost every situation, even when their families are being threatened. This is a very confusing situation, and I am saying this from the perspective of experience. In fact, probably the most beneficial thing people on the outside could do for Muslim prisoners is to educate them on this issue.

This will literally save many brothers from being arrested in the first place, in shaa-Allaah. It would also reduce the sentences of others, by Allaah’s Will. Is it not better to free a brother than to just write to him? Of course, he will not be able to thank you, because neither he nor you will know that he is free because of you, but on Yawm il-Qiyaamah you will have your reward.

You will also be doing the brothers to whom you are writing a major favor by helping them protect their religion. Many brothers fall prey to Shaytaan in this regard only to later regret it and try to repent from it. Some of them do it out of ignorance of rulings and others do it because they are weak in some regard. Shaytaan comes to brothers with every interpretation they could possibly come up with to justify such a thing. In shaa-Allaah, I will briefly go over my own situation to explain how difficult things become in this regard, so that brothers and sisters get a full picture. And I still do not know the exact ruling on what I did, because of my problem in trying to get in touch with a shaykh. I am only explaining this to help others, and I would conceal such a thing if it were not already known and it were not of such benefit to disclose.

When I was arrested, the Kuffaar quickly began threatening my wife with serious charges unless I pled guilty and cooperated. They also threatened me with life in prison, but that was not nearly as big of a concern as the issue with my wife. Also, if my wife went to prison, then either her mother or my mother would take our one-year-old child, Talhah, and they were both Kuffaar, so I was trying to protect him from something which was even worse than prison. The way I understood things was that I was actually doing less damage to the Muslims by cooperating than by cooperating due to this. Thus, I initially agreed.

I also thought I could deceive them and maybe phrase things in such a way as to harm them and mislead them. I thought I could help keep them away from certain brothers and also help Muslims in this way. This made it seem lighter to me as well. There was also an issue that the two brothers I thought I was likely to possibly harm were seemingly safe from what I knew. I knew that one had made it to a country which did not have an extradition treaty with the United States, and I had been falsely informed (due to a misunderstanding of the code words I was using) that the other brother had made it to a safe place.

Finally, I concluded that even if the ruling of the lesser of two evils did not apply, then the ruling of Ikraah (compulsion) probably applied, so that made things more comfortable to me.

However, as things went on, I began to learn more about the rulings related to Ikraah and choosing the lesser of two evils. For example, under Ikraah, one can say or do Kufr, but they still cannot harm a Muslim. I did not know that at the time I made this decision. Also, when one is choosing between the lesser of two evils, they are not allowed to weigh things the same way when the supposed lesser evil is going to affect them or their family.

Also, Allaah willed that despite this misguided decision, the Kuffaar still took my son. In fact, they went to extreme lengths to do this. My mother filed for custody and won, and she won with the help of the FBI and Secret Service who prevented my little boy from being able to leave the country to go to where his mom would be staying in Jordan and they disclosed lots of information to my mother (much of it completely false) in order to help her take our child. So, my main factor in determining the lesser of two evils turned out not to be correct, and it came about through such bizarre circumstances that I have concluded that this was probably Allaah’s way of showing me that I should have had more trust in Him.

Al-hamdu Lillaah, I am not aware of any Muslim having actually been harmed by me, but this does not mean it was the case. For example, even though I had resolved that no matter what I would not go into court against anyone even if the consequences were as bad as could be, but sometimes cases do not always go to court and one cannot learn if they contributed to harming a brother or not. There is a brother named Yunus ‘AbdUllaah Muhammad whom I think my mere agreement might have harmed even though I did not actually even have any information the FBI did not already have on him. Actually, when they asked me about him, I told them much of the opposite of what they would have wanted to hear.

However, they could have been relying on thinking I would testify against him in court when they arrested him. If they did not think I would do this, they might not have arrested him, so my mere agreement might have harmed him. I do not have any real way of knowing this, but it is certainly troubling and I ask Allaah to help him and to forgive me.

After I learned more about this issue, I quit helping the FBI in any way whatsoever. They came to me and begged me to testify against one of my friends that he was with Al-Shabaab. They offered to cut up to fifteen years off of my sentence, and all they were requesting was that I testify at a hearing which would not even be public, so the brother would not even know if I did this. However, I refused. I told them that the reason was that they did what they did to steal my child from my wife, but this had very little to do with the reason. I just wanted them to write that down, so that in the future they would not do that to other Muslims. Really, the issue was that I did not want to meet Allaah with that burden on my shoulders.

Al-hamdu Lillaah, I have since heard that this brother made it to a very safe location where it would be extremely difficult for the Kuffaar to do anything about him. As this is the main brother the Kuffaar were interested in with me, this is a particular relief.

Since then, I made sure I sent off affidavits to prosecutors saying that everything I ever told the FBI was a lie, but I am sure they do not care. This opens me up to further prosecution, but Allaah’s judgment is much more of a concern to me than the judgment of some old Kaafir wearing an ugly black robe who goes home and drinks himself to sleep every night. Al-hamdu Lillaah, the twenty-five years I do have instead of the ten I could have had are much easier on me. Even if they gave me life, it would be easier.

However, Even if nobody actually wound up being hurt by my decision. My only real issue now is getting in touch with a shaykh to find out how incorrect it was in my specific situation, because that is a major concern for me. It is impossible to really know the exact harm I caused, but in shaa-Allaah, I will keep doing everything I can to fix it.

Also, I can have more hope that I will gain victory over my mother in order to get my son back to my wife now that I have this off of my shoulders. It is better to rely on Allaah than to rely on anything else, and that is the only path to success.

Had someone sent me something explaining some of these things, or even if they simply sent a letter encouraging me to stay away from that type of thing and remain patient, maybe this would have helped. Thus, even if someone does not know the rulings or the situations which prisoners face specifically, they can still help in this regard. And my actions are not the fault of anyone but myself. I am just mentioning something which people can do to help others who might be similarly situated.

May Allaah help all of the brothers and sisters who are imprisoned around the world. May Allaah reward this shaykh and grant him the strength to keep helping those who are in prison. The rights of the prisoners over the Ummah go far beyond writing to them. In fact, the people who are truly fulfilling their rights are unable to write to them. However, most people do not have that kind of courage.

Abu Talhah Al-Amriiki
“Zachary Chesser”
Guantanamo North, U.S.A.
15 Jumaad ath-Thaani, 1434

Zachary Adam Chesser #76715-083
USP Marion
U.S. Penitentiary
PO Box 1000
Marion, IL 62959
USA
 

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Zachary Adam Chesser: May 5, 2013 (It is The Name by which Tribulations are Dispelled…)

BismIllaah ir-Rahmaan ir-Rahiim:

I had recently set out on the task of translating the book Fat’h ul-Majiid by ‘Abd ur-Rahmaan ibn Hasan, which is the most famous explanation of Muhammad ibn ‘Abd il-Wahhaab’s book Kitaab ut-Tawhiid; however, I recently learned that this book has already been translated. I found this very strange, because I have never seen it in a catalog, and this book is too popular to be so obscure, but Allaah decrees whatever He wills, and only He knows why this is. Thus, I have stopped this project, but there are still some benefits I hope to share from this effort, in shaa-Allaah. Therefore, the following article on the meaning of Allaah is mostly paraphrased from this work and a bit of it is taken from other works I have studied.

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Taking Back Our Children: What the Chesser Custody Case Says About Faith and Parenting in Islamophobic America

“I spent one year with my baby before he was taken away. It is the most difficult thing that happened to me Alhamdulillah (Praise to God). I am grateful to Allah for allowing me to spend that little time with my son.”
-Proscovia Nzabanita

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This past January, in a case of overt Islamophobia, Proscovia Nzabanita was stripped of all guardianship rights over her son, whom she calls “H” to protect his privacy. Full legal custody rights were granted to H’s paternal grandmother, against the explicit wishes of both biological parents.

The Juvenile and Domestic Relations Court of Prince William County even ruled that no adult was permitted to bring H to mosque, essentially ordaining that he must be raised Christian. The custody case is being reheard in mid-November in the Circuit Court of Prince William County.

A Family Torn Apart

Proscovia Nzabanita and Zachary Chesser, both converts to Islam, married in 2009. Zachary has been behind bars since 2010, after pleading guilty to charges of providing material support to terrorists, and communicating threats and soliciting crimes of violence. (He was accused of posting threats online against the creators of “South Park” after an episode depicted the Prophet Mohammed in a bear suit). Proscovia, a Ugandan national, agreed to leave the United States after pleading guilty to making false statements to federal authorities about her husband’s whereabouts. Instead of returning to Uganda, where she feared she might be tortured, Proscovia went to Jordan. After signing an agreement that H would be returned to her as soon as she was safely settled, Proscovia left him in the care of her family.

In the interim, however, Zachary’s mother, Barbara Chesser, filed for temporary custody and won. The court later vacated the order, but the precedent left Proscovia’s family in a considerably weaker position for the formal custody hearing this past January.

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Posted by on December 17, 2012 in News Items

 

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Zachary Adam Chesser: September 2012 (Truth Cannot Remain Silent in the Face of Evil)

Peace be upon those who follow the guidance,

In the Name of Allah, the All-Merciful, the Bestower of Mercy, I write.

What you are about to read is the third, and perhaps final piece regarding the gross injustice committed by agencies of the American government as well as my own family in regards to their stealing my wife’s and my child from us on grounds that an American child ought not be allowed to be exposed to Islam, even if it means tearing him from the ones who love him the most. The reason it may be the final piece is that I have been informed that my mother has sought a court order requiring us to be silent regarding her crimes, on grounds that she claims it would be endangering the child whom she stole from us with her lies and treachery. Previously, I was deliberately leaving her actions and role in this crime unmentioned, hoping that perhaps with time she would understand the great wrong she has committed, but this is clearly not going to occur, unless Allah wills, so there is no point remaining silent any longer.

Background:

For a more full understanding of the situation, the reader is advised to read the previous posts related to this issue entitled “Victims of the American Inquisition” (Part I & Part II), but, by the will of our Lord, I will proceed to offer an overview of the situation for more clarity.

My name is Abu Talhah Zakariyya Chesser Al-Amriiki (legally “Zachary Adam Chesser”) and on July 21st, 2010, I was arrested in the United States for providing material support to the military of the government of Somalia which is known as Al-Shabaab. I had also been partially in charge of affairs with a website known as Revolution Muslim which promoted Islamic governance and education around the world. As a part of this, I orchestrated a campaign designed to raise awareness of the fact that a popular television show named “South Park” had dedicated two entire episodes to mocking the Prophet Muhammad, sallAllaahu ‘alayhi wa sallam (peace and blessings from Allah be upon him), as well as the Islamic ruling regarding it. The American government construed my campaign as constituting threats of violence against the creators of the show as well as the solicitation of their murder, so they charged me with these activities.

After having spent a month or two in prison, the prosecution began to threaten my wife with charges of putting the wrong address on a passport application for our son. We did not have a mailbox, so we could not use our living address on the form. There was no fraudulent or criminal intent involved in this, but we were never given keys to the mailbox where we lived. In fact, the government actually accused my wife of using her friend’s address instead of her mother’s address, alleging that this was the devious element of the action. What makes this point ridiculous is that what they claimed she should have done (write her mother’s address on the form) is also technically fraud, because we were not living with her mother either.

They then began to threaten her with other charges which probably would not have stood up in court, but which carried large possible penalties if she was convicted of them. This is just one of their tactics to force someone to plead guilty. Even in my own case, the prosecutor admitted that many of the charges he was threatening me with would not stand up in court, but he claimed that at least some of them would. In fact, the only reason they even bothered with my wife was to pressure me to plead guilty and cooperate.

My wife and I did not want to risk that our son would be given away to people who would not raise him as a Muslim, as both of us have only non-Muslim parents and our son would have gone to one of them, so we worked out a deal with the government where my wife would plead guilty to making a false statement to the police (the “false statement” was not actually a false statement, but we did not really care about this as we were just trying to protect our son), and in exchange for them giving her no jail time, I would plead guilty to three charges for which I wound up receiving twenty-five years in prison as a sentence. A further part of her deal was that she would leave the country, as she was not a citizen of the United States.

This deal ensured that we would not see each other again until at least the year 2032, unless Allah wills. All of this was to protect our little boy, Talhah, and to guarantee he would be raised by the same woman who gave birth to him and sacrificed so much for him. My own attorneys even mentioned this at my sentencing despite the fact that the court is almost always looking to hear that a defendant pled guilty, because he felt bad about what he did, not because he was forced to by threats against his family. Of course, I am still grateful to my Lord who has favored me above much of His creation, and despite these trials, I have many many blessings in my life.

Barbara Chesser:

In December, 2010, shortly before my wife was to be sentenced to zero jail time, my mother, Barbara Chesser, sued for custody of our one year old son, Talhah. The following is an overview of my life with her:

My childhood with my mother began rather normally, and it remained so until I was about ten years old. It was at this time that my family moved back to Virginia from Missouri and my parents got a divorce. My mother, essentially immediately called up a woman whom she knew from back in Missouri, “married” her, and had her move in with us. This woman’s name was Stacy Anderson and both she and my mom are prosecutors in Washington, D.C.

Anderson was what one might call the “butch” member of the couple, and she was also a terrible alcoholic. Virtually every single night, she would drink wine until she was intoxicated. She also used to curse excessively, and do many other things which were detrimental to any child living in the same house as her. At first, she kept her distance from my brother and I, but gradually she began to assume the duties that belong to a parent until she was handling more of our affairs than my own mother.

 

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Zachary Adam Chesser: September 18, 2012 (The War on Salaah)

Bismillaah ir-Rahmaan ir-Rahiim,

18th September, 2012

As-salaamu ‘alaykum wa rahmatUllaahi wa barakaatuh,

I would ask that this short piece be translated and spread around to the Arabic, French, and Urdu websites, and that it be printed out and passed around at the protests in the various lands in the coming days, in shaa-Allaah. The people need to know about this, because it exposes the true face of America.

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Posted by on September 20, 2012 in Letters from Zachary Adam Chesser, Risala

 

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Zachary Adam Chesser: April 15, 2012 (Addendum to Victims of the American Inquisition)

Bismillaah ir-Rahmaan ir-Rahiim,

My name is Abu Talhah Zakariyya Al-Amriiki (legally Zachary Adam Chesser), and this is an expansion of a previous article I wrote dealing with government involvement in taking my son from my wife and I called “Victims of the American Inquisition.” This is after receiving a copy of the transcript from the custody trial which took place on January 5th, 2012 in which my wife and I lost our son Talhah.

To explain the background of the case, in December, 2010, my mother, who is a Christian and a prosecutor in Washington, D.C. (previously I said she was a federal prosecutor, but apparently there is a distinction between these two jobs), filed a motion to take custody of my son Talhah from my wife, Umm Talhah, and I.

The grounds of my mother’s motion was that she claimed my wife was likely to be forced to return to her native country of Uganda which was likely to at the very least subject her to torture. Either my mother was ignorant of how international travel worked or she was not truthful in the motivations for her filing, so she refused to drop the motion after my wife and our son had obtained visas to Jordan.

The court had not issued any order that Talhah appear or stay in the country, so we figured we would just have him go to Jordan early which would have proven that my mother’s motion was without any foundation. However, the FBI decided to call my mother and ask her what she thought, and my mother, of course, told them she thought it was illegal, so a number of federal agencies and a couple of agencies in New York wound up getting involved and numerous federal and state agents swarmed the woman who was taking my son to Jordan while she was at JFK airport.

My wife was waiting to be sentenced, although she was not facing jail time, so she could not go herself, and this part of the story is covered in more depth in the first posting. In the trial at which my mother took my child, it was claimed by just about everybody that the woman taking our son was Jordanian, but this was a lie and she was an American citizen taking Talhah to stay for a week with other American citizens whom we knew and who wanted to help us. However, I am writing this to address the extreme prejudice toward Islam and Muslims expressed in court and by the various statements and actions of the FBI and other agencies, so I will not be addressing the numerous lies which were stated in court unless they are relevant to this purpose, in shaa-Allah (if Allah wills).

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Las Víctimas de la Inquisición estadounidense

The following testimony, entitled “Victims of the American Inquisition” written by Zachary Chesser, is a microcosmic documentation of America’s naked and larger aggression against the religion of Islam in what Chesser terms the ‘American Inquisition.’ Since the intensification of this most recent inquisition, the global Muslim community has suffered a ruthless assault on legal rights and basic humanity, which in various arenas have been superficially designated as everything from geopolitical interests to heretical rhetoric. What Chesser exposes through details regarding his case and subsequent incarceration, is a pattern of federally sanctioned religious persecution and corrosive civil rights violations reflective of American foreign policy, shockingly common in so-called terrorism cases. He recounts how his religious beliefs designated him as a target for government surveillance, how this surveillance in turn became a means of distortion and manipulation, culminating in his incarceration and the deliberate alienation of his family, particularly the religiously charged, custodial kidnapping of his son.
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En el nombre de Alá, el Compasivo, el Misericordioso:

Mi nombre es Abu Talha al-Zacarías Amriiki (legalmente “Zachary Adám Chesser “), y lo que sigue no es para tomarse a la ligera. Si se va a saber cuánto estas palabras pueden afectar a mí ya mi familia, entonces la gravedad de este mensaje no se puede escapar. Estoy escribiendo esto con el fin de que nadie debe caer en las mismas trampas y errores como yo, para establecer la prueba para los que dudan, y para rectificar los errores determinados. Tal vez mi ignorancia de la naturaleza de mi situación era una excusa para mí, pero si no, entonces le pido a Dios que me perdone. Sin embargo, después de mí, no creo que nadie va a tener una excusa en estos asuntos si estos eventos se manifiestan a ellos.

Esta es mi historia, y dentro de ella son fragmentos de las historias de muchos otros. Es sólo una relación de lo que yo sé que es verdad a lo mejor de mi capacidad, y estoy seguro de que lo que permanece oculto para mí es mucho peor que la que se hizo claro para mí, pero lo que sí está claro es suficiente para un persona de comprensión. Por lo tanto, que estas páginas se registran en los anales de la historia en los capítulos reservados a la Inquisición estadounidense.

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