Kafka Comes to America: Fighting for Justice in the War on Terror - A Public Defender's Inside Account (Hardcover)

~ (Author)
Key Phrases: protective order, second rebuke, habeas lawyers, Kafka Comes, United States, Judge Jones (more...)

Editorial Reviews

From Publishers Weekly

Starred Review. Federal public defender Wax masterfully delivers a harrowing story of the erosion of civil liberties after the September 11 terrorist attacks in a powerful testimony that reads like a thriller. Wax follows the stories of two men he represented, both victims of post-9/11 counterterrorism measures. The first—American citizen and fellow lawyer Brandon Mayfield—was arrested by the FBI as a suspect in the Madrid train station bombings in 2004, after the FBI claimed that a latent fingerprint found on the scene matched Mayfield's. The second story revolves around Adel Hamad, a Sudanese-born hospital administrator arrested in Pakistan while doing refugee relief work. Imprisoned for six months in a fetid hell for alleged connections with al-Qaeda, Hamad was hooded and shackled and transferred to Guantánamo Bay, where he has languished for the past four years. With considerable finesse, the author narrates these two gripping stories in alternating chapters through each stage of his clients' cases. Wax offers personal insight and professional outrage; his is a powerful voice that deserves to reach all Americans. (June)
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From The New Yorker

Wax, the head of the Oregon Federal Public Defenders’ office, writes that when he volunteered to represent inmates at Guantánamo Bay he didn’t know if his clients "would be terrorists or innocents." At least one, Adel Hamad, a Sudanese aid worker, seems patently innocent, and Wax also represented Brandon Mayfield, a lawyer whose story—he was falsely linked to a bombing through shoddy fingerprint evidence—illustrates the short path from depriving terrorists of their rights to depriving everyone else. In an enthralling, enraging narrative, Wax captures the damage that Guantánamo has done to America’s reputation abroad, and shows how the legal fights on behalf of detainees might restore it. When Hamad, who helped run a hospital for refugees and was known for his Ping-Pong skills, disappeared, his wife was left destitute, and their infant daughter died from a lack of medical care. Hamad spent nearly five years at Guantánamo.
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Product Details

• Hardcover: 380 pages
• Publisher: Other Press (June 3, 2008)
• Language: English
• ISBN-10: 1590512952
• ISBN-13: 978-1590512951
• Product Dimensions: 9 x 6.4 x 1.3 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 4.6 out of 5 stars  See all reviews (13 customer reviews)
• Amazon.com Sales Rank: #442,592 in Books (See Bestsellers in Books)

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Customer Reviews

Most Helpful Customer Reviews

9 of 9 people found the following review helpful:

5.0 out of 5 stars Thrilling and chilling inside view of our lost rights, June 14, 2008

By	D. Cannard - See all my reviews (REAL NAME)

This past week I lost several hours of sleep as I devoured Steven Wax's well written book that reads like a crime thriller and tells the sadly true stories of two innocent men caught up in a tangle of legal roadblocks and deceit as the Bush administration has abused its power and taken away the rights of Americans and foreigners alike in its overzealous "war on terror". I had expected a dry treatise on rights and justice laced with legal mumbo jumbo and instead found myself unable to put the book down - it is an engaging read as the twists and turns of the two cases unfold and eroding rights endanger innocent people with tragic results.

Most importantly, wrapped up in the two cases are harrowing and chilling lessons for all people who value freedom, democracy, and the simple right to a fair day in court to defend oneself against unfounded and erroneous charges drummed up by a government Administration gone bad. The tragic stories of the two innocent men at the core of the book clearly illustrate the insidious effects and dangerous impact of abdicating our rights. The 2 tales show how lost rights mean we lose the moral and ethical high ground and undermine the strength of our democracy when we need it most.

Lastly, the book exposes the inspiring courage of not only the victims, but also of those who work tirelessly to defend our freedoms, rights, and responsibilities. Judges who uphold the law and Constitution, insiders who risk censure or worse by shedding light on hidden unfair or illegal practices, and lawyers like Steven Wax and his team who are tireless in their defense of the Constitution and our rights.

A gripping read on one level, an important illumination of the erosion of Constitutional rights on another, and a motivating call to arms for all citizens who value democracy, freedom, and the rule of law (not to mention common sense). I highly recommend this book.

8 of 8 people found the following review helpful:

5.0 out of 5 stars Haunting but hopeful, June 15, 2008

By	Carolyn M. Welshhans (Arlington, VA USA) - See all my reviews (REAL NAME)

Kafka Comes to America by Steve Wax tells the harrowing story of two of the author's clients who had the misfortune of being terrorist suspects under the Bush Administration's new legal regime. Brandon Mayfield, an American lawyer, was arrested and held as a "material witness" after the FBI misidentified a fingerprint linked to the Madrid bombings even in the face of disagreements by their Spanish counterparts. Adel Hamad, a Sudanese hospital administrator, was arrested at his home in Pakistan and held at Guantanamo even after Steve and his team compiled substantial evidence of his innocence.

Neither of these stories should seem unfamiliar or even all that surprising to those who have spent even the smallest amount of time just reading the news. Yet, Kafka Comes to America presents multiple, disturbing revelations. Beyond just the details of Brandon and Adel's individual stories, which are horrifying but important to know in their own right, the book discusses how each of these awful stories is not only possible but likely to be repeated in the U.S. Kafka Comes to America makes it impossible for the reader to dismiss all of the things that happened to Brandon and Adel as anomalies or because of a "few bad apples" or something that happened to a few guys who are different from the reader and therefore somehow to blame. Rather, the book explains how what Brandon and Adel have endured is due to a systematic perversion of America's legal system. It happened through executive coup, legislative complicity, and judicial cowardice.

In addition, the book discusses how all of this has grave implications for all of us. First, we should be outraged that it has been done in our name. I always have felt that way, but this book heightened that feeling. Steve's prose is straightforward, which matches what, at heart, is a very simple turn of events: our government grabbed for power and, for the most part, no one including the law stopped them. It is so easy to understand that it is scary. That is the second implication: we should all be scared that what happened to Brandon and Adel could happen to us. If it is too difficult to imagine being accused of terrorism (which it should not be after reading about Brandon), is it really so hard to imagine being accused of something more mundane but being subjected to the enhanced powers of the authorities now that many checks and balances have been removed?

Steve makes the important point in his book that we should take some comfort from the fact that our government does pay him to fight these fights against the government. He is right, and it provides hope that we can regain what we have lost. I will take at least two things from Steve's book. First, while we are rightly focused on closing Guantanamo and restoring habeas corpus, there are other laws and concepts that have started seeping into our national consciousness that we will need to address to ensure Guantanamo never happens again. Second, I know that I will read ever more critically news reports of suspected terrorists, including American citizens and arrested, even when there is a supposed 100% certain fingerprint match. Thank you to Steve for writing this book. Now go read it.

4 of 4 people found the following review helpful:

5.0 out of 5 stars This one goes to 11!, June 22, 2008

By	Michael Morrow (Portland, OR) - See all my reviews (REAL NAME)

Stars, that is! If there is anything sure about today's "new world order", it's that Americans need to think deeply about what being "American" actually means. Innocent people locked up, tortured, harassed and humiliated is as Un-American as is possible, and "we the people" should be incensed. Steve Wax has written a fast paced, engaging, "fair and balanced" first hand account of our civil liberties run amok, and the passionate folks who tirelessly pursue justice. Let there be no doubt- Liberty requires the courage to illuminate the truth so the world can see.

Steve's book is important, amazing and enthralling. You will not be disappointed.