|
Chronology of Islam in America (2012)
By Abdus Sattar Ghazali
May 2012 Page Two
Judge blocks enforcement of National Defense Authorization Act
On May 16, 2012, Judge Katherine B. Forrest of the Southern District of New York blocked the Section 1021 of National Defense Authorization Act (NDAA) that purported to "reaffirm" the 2001 authorization to use military force against Al Qaeda. A group of activists and journalists had argued that the vague wording of the law could subject them to indefinite military detention because their work brings them into contact with people whom the US considers to be terrorists, and in doing so violated their First Amendment rights.
Forrest agreed with the plaintiffs that the relevant section of the law was "not merely an 'affirmation'" of the 2001 authorization for use of military force (AUMF). "Basic principles of legislative interpretation," she wrote, "require Congressional enactments to be given independent meaning"—judges can't simply assume a law does nothing. None of this brings the war on terror to a halt, mind you, because Forrest says there are "a variety of other statutes which can be utilized to detain those engaged in various levels of support of terrorists," so her injunction "does not divest the Government of its many other tools."
Judge Forrest's decision, however, has to be read in the context of what happened in court: When Forrest asked the government lawyer charged with defending the statute whether the journalists, who said their work has brought them into contact with groups like Hamas or the Taliban, could be indefinitely detained, the government's lawyer wouldn't say:
JUDGE: Assume you were just an American citizen and you're reading the statute and you wanted to make sure you do not run afoul of it because you are a diligent U.S. citizen wanting to stay on the right side of [the law], and you read the phrase 'directly supported'. What does that mean to you?
GOVERNMENT: Again it has to be taken in the context of armed conflict informed by the laws of war.
JUDGE: That’s fine. Tell me what that means?
GOVERNMENT: I cannot offer a specific example. I don't have a specific example.
When asked again whether one of the journalists' activities would qualify as "substantial" support for a terrorist group, the government attorney said, "I don't know what she has been up to."
This ruling came as part of a lawsuit brought by seven dissident plaintiffs — including Chris Hedges, Dan Ellsberg, Noam Chomsky, and Birgitta Jonsdottir — alleging that the NDAA violates ”both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”
The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.
Chris Hedges wrote: ”It was a stunning and monumental victory. With her ruling she returned us to a country where—as it was before Obama signed this act into law Dec. 31—the government cannot strip a U.S. citizen of due process or use the military to arrest him or her and then hold him or her in military prison indefinitely. She categorically rejected the government’s claims that the plaintiffs did not have the standing to bring the case to trial because none of us had been indefinitely detained, that lack of imminent enforcement against us meant there was no need for an injunction and that the NDAA simply codified what had previously been set down in the 2001 Authorization to Use Military Force Act.”
Maybe the ruling won’t last, Hedges said adding: “Maybe it will be overturned. But we and other Americans are freer today than we were a week ago. And there is something in this.” Weeks after Obama signed the law, Pulitzer Prize-winning journalist Chris Hedges filed a lawsuit against its so-called "Homeland Battlefield" provisions. Several prominent activists, scholars and politicians subsequently joined the suit, including Pentagon Papers whistle-blower Daniel Ellsberg; Massachusetts Institute of Technology professor Noam Chomsky; Icelandic parliamentarian Birgitta Jonsdottir; Kai Wargalla, an organizer from Occupy London; and Alexa O'Brien, an organizer for the New York-based activist group U.S. Day of Rage. They call themselves the Freedom Seven. [AMP Report]
Hate group member challenges view of Islam in 7th-grade text
May 16: Norwin (Pennsylvania) administrators are defending a middle school social studies textbook that a local pastor called "an Islamic Trojan horse" in requesting that the district revise its curriculum involving the religion. In an administrative report this week, Superintendent William Kerr said the textbook is "an acceptable reference for the seventh-grade global studies course of study. "The book, "myWorld History: Early Ages," is one of several used in seventh-grade social studies "to teach comparative religions in a non-devotional, instructional manner," according to the district. In March, The Rev. Bruce Leonatti of Zion Lutheran Church in Circleville told the school board that the book "promotes Islam over Christianity and Judaism" and "denigrates Christians."Kerr states in the report that "there are no errors or misrepresentations in the textbook at issue which are significant enough to render it unusable as a curricular resource." As part of the administrative review, the district asked a second pastor, the Rev. Clifton J. Suehr, to review the book. Suehr is pastor of Evangelical Lutheran Church of the Holy Trinity in Irwin and president of the Norwin Ministerium. In his report to the district, Suehr called the book "well-written and enriching" and "well-suited for middle school-aged youth." "Without using inflammatory language, a historical overview is presented in an even-handed manner," Suehr wrote.
Some passages taken from "myWorld History: Early Ages" that The Rev. Bruce Leonatti objects to: (1) "Religious toleration also helped the Arab Muslim Empire expand." (2) "The Arab Muslim empire was generally tolerant towards Jews and Christians." (3) "As the Arab Muslims build their empire, Islam spread peacefully both inside the empire and to the lands beyond its borders." (4) "Mobs of Christian peasants turned on those Jews who would not convert to Christianity." (5) "Medieval Christians would not tolerate even minor differences in beliefs." [Tribune Review]
NATO protesters arrested in Chicago raid held on terrorism charges
May 18: Three NATO protesters, arrested in a late night raid on May 16, have been charged on terrorism-related offences. Police claim the charges of conspiracy to commit terrorism, providing material support for terrorism and possession of an explosive or incendiary device, are the result of a month-long investigation into a group they believe was making Molotov cocktails. They had already been pulled over by police last week and asked about their protest plans in a stop they posted on YouTube. Attorneys representing the men say the charges are fabricated and aimed at intimidating activists. "We cannot say enough that we believe that these charges are absolutely … very trumped up charges," said Sarah Gelsomino of the Peoples Law Office. "Clearly in an attempt to continue this intimidation campaign on activists. Charging these people who are here to peacefully protest against Nato for terrorism, when in reality the police have been terrorising activists in Chicago, is absolutely outrageous."All three of these guys, interestingly, were in the car about a week ago that was stopped and harassed by the Chicago police department," Gelsomino said. "They then posted that video online in an attempt to expose that police misconduct. Each of those three are now being charged with these crimes. That's as much as we know." The three men are all in their twenties. Two come from Florida and one from New Hampshire. They were arrested in the Bridgeport area of the City after 11pm on May 16. Chicago police dressed in black and armed with battering rams broke down doors in an apartment building, searched the units and then arrested nine protesters for allegedly making or possessing Molotov cocktails. Lawyers say it was just beer-making equipment. "The city has so far failed to produce any evidence or the search warrant affidavit used in the raid," said Kris Hermes of the National Lawyers Guild.When police detained the people, they also seized parts of a beer-making kit, including bottles and caps, and a cellphone, Gelsomino said. "This is the playbook," said Gelsomino. "Shoddy police work. It's a fear campaign." [The Guardian]
Lingering in airplane bathroom leads to questions from FBI for Orlando-bound Muslims
May 23: A group of Muslims was detained today at Orlando Sanford International Airport, apparently because of a misunderstanding over an Islamic cleanliness ritual, authorities said. The captain of Allegiant flight No.625 from Allentown, Pa., radioed ahead and asked airport police to meet the plane when it landed about 8:30p.m., said Larry Dale, airport director and commander of its 11-member police force. Members of the group were lingering in the lavatory and asked for a cup, arousing suspicion, Dale said. An FBI agent was interviewing three men, but it appeared that the travelers were detained because of a religious custom dictating cleanliness and that they would be released. About half a dozen people and one child were traveling from Pennsylvania to Central Florida for a volleyball and badminton tournament, Dale said. At least two of the women wore head scarves, a witness said. A report released later says an Allegiant dispatcher requested that police respond "in reference to Middle Eastern passengers." Muhammad Musri, president of the Islamic Society of Central Florida, said devout Muslims customarily clean their private parts with water after using the restroom, and that is likely what members of the group were doing. The procedure is known as istinja. "They [the airplane crew] didn't understand it, probably," Musri said. "If you didn't know the reason, you'd say, 'Why do you need the cup? Why are you taking it with you into the bathroom?' [Orlando Sentinel]
CAIR launches special Civil Rights Defense Fund
May 23: In response to the more than 2000 discrimination cases CAIR received in the past year, we have expanded our civil rights department by hiring new attorneys and have added other staff who will monitor growing Islamophobia and the more than 54 anti-Islam bills introduced in state legislatures nationwide. Because of this increased need, CAIR today launched a special Civil Rights Defense Fund dedicated to providing the legal resources needed to defend those Americans who suffer discrimination or are unfairly targeted merely because they are Muslim or perceived to be Muslim. “It is important that CAIR have the resources necessary to offer legal challenges to the growing Islamophobia in our society,” said CAIR National Executive Director Nihad Awad. Awad cited support for CAIR’s work from Muslim community leaders and urged all those who value civil rights to give generously to the fund. [CAIR]
2012 Alex Odeh Memorial Award recipients Muna & Basem Hishmeh
May 24: The American-Arab Anti-Discrimination Committee (ADC) announced today Muna and Basem Hishmeh as the 2012 recipients of the Alex Odeh Memorial Award. The Alex Odeh Memorial Award, named for the late ADC Southern California Regional Director who was killed in October of 1985, is presented each year to individuals demonstrating exceptional leadership, public service, and commitment to the mission of ADC and the Arab American community. The ADC said that Muna and Basem Hishmeh truly exemplify the qualities for which the Alex Odeh Memorial Award was created. Their foundation, the Muna and Basem Hishmeh Foundation, was established in 2005 to support cultural organizations in the United States and Palestine. The Foundation’s goal is to break down cultural barriers through music and the arts. It seeks to enhance the lives of underprivileged youth through exposure to various artistic media by providing grants through which children can explore their creativity, artistic capabilities, and talents. Among the Foundation’s successes are its Palestinian Youth Cultural Tour and sponsorship of student musical concerts and programs. [ADC]
CAIR disappointed with review of NYPD spying on NJ Muslims
May 24: The New Jersey chapter of the Council on American-Islamic Relations (CAIR-NJ) today said it is "disappointed" with the state attorney general's apparent approval of the New York Police Department's (NYPD) warrantless surveillance of law-abiding Muslims. A representative of CAIR-NJ, along with other American Muslim leaders, took part in a meeting this afternoon at Attorney General Jeffrey Chiesa's office in Trenton to discuss concerns about the widespread spying conducted by the NYPD on the Muslim community in New Jersey. Other government officials participating in the meeting included representatives of the New Jersey State Police, the Department of Homeland Security and the Joint Terrorism Task Force. Among the topics discussed at the meeting were the status of New Jersey's review of the NYPD spying campaign, a new policy on communication with out-of-state law enforcement agencies and the establishment of a Muslim community outreach committee. Following a three-month review, Gov. Chris Christie's administration said the NYPD did not violate New Jersey laws when it conducted surveillance of Muslim businesses, mosques and student groups. The Associated Press, the news agency that broke the story of the NYPD spying, wrote today: "The findings by Attorney General Jeffrey S. Chiesa, a Christie appointee asked by the governor to look into the spying, mean New Jersey Muslims have no state recourse to stop the New York Police Department from infiltrating student groups, videotaping mosque-goers or collecting their license plate numbers as they pray. The NYPD's blanket surveillance of every segment of the Muslim community clearly violated the constitutional rights of those who were spied on without evidence or even suspicion of wrongdoing on their part," said CAIR-NJ Chair Nadia Kahf. "We are disappointed with the outcome of the review conducted by the attorney general's office and will consider all legal options, including renewed appeals for action by the Department of Justice." [CAIR]
Meet Larry Smith, Texas' Wannabe Anti-Shariah Sheriff
May 24: Larry Smith, a former Drug Enforcement Administration agent running for sheriff in Smith County, Texas, has a unique plank in his platform: He has pledged to protect this deep-red border county from the creeping menace of Islamic religious law, or Shariah. Outside of science fiction, this Texas county—which voted for John McCain at a 70 percent clip—doesn't seem the most likely place for an Islamist takeover. After all, creeping Shariah is mostly a myth. The issue might come up in civil cases if both parties to a contract have accepted an agreement based on religious law, but the Constitution bars religious law from superseding civil law. Despite his out-there Shariah stance, Smith has earned the endorsement of the county's local paper. And local Democrats aren't even fielding a candidate in the sheriff's race. That means next Tuesday's Republican primary—which includes four candidates for the county's top law enforcement post—will likely decide whether Smith County's next sheriff devotes time to worrying about a Shariah takeover. Anwar Khalifa, a local homebuilder, Muslim leader, and lifelong Republican who speaks with a slight drawl, says he was "shocked" when he heard about Smith's campaign vow. Before that moment, Khalifa says, he was "actually supporting Larry." An Egyptian immigrant who moved to Texas when he was eight, Khalifa says that Smith County is a welcoming and tolerant place, but the last few years there has been an influx of anti-Muslim speakers at local churches offering dark warnings about an Islamic takeover. "They cloak it and say we're only talking about radical Muslims, but they don't differentiate," Khalifa says. "This is anti-Islam."
Smith's anti-Shariah pledge seems to have helped him gain at least one endorsement, from a local tea party group called Grassroots America, We the People. The group sponsored an event at a local church hosting Brigitte Gabriel, the head of ACT! for America, an organization that sees itself as defending America from "radical Islam" and according to its website, has a chapter in Smith County. Gabriel has written that Islamic terrorists are "really just very devout followers of Muhammad." According to Khalifa, Smith provided "security" for Gabriel's event. (Smith did not respond to several requests for comment.) "Anti-Muslim grassroots organizations are the vehicles by which these talking points enter the state and local dialogue. That’s why we've been seeing it sprout up so suddenly at the local level," says Wajahat Ali, the lead author of Fear, Inc., a Center for American Progress report on anti-Muslim organizations. "The impetus behind it, though, is a movement that wants to exclude American Muslims from the same rights and freedoms that other Americans enjoy." [Mother Jones]
Planting evidence by Chicago cops to sow fear
May 24: It seems pretty clear by now that the three young “domestic terrorists” arrested by Chicago police in a warrantless house invasion reminiscent of what US military forces are doing on a daily basis in Afghanistan, are the victims of planted evidence -- part of the police-state-style crackdown on anti-NATO protesters in Chicago last week. The Chicago Police clearly realized that it would be hard to convince a jury that the homemade beer-making equipment in the house was some dreaded bio-terror weapon, so for good measure they apparently dropped off some glass jars with gas in them and tried to make out that the kids were preparing molotov cocktails. That’s the word from National Lawyers Guild attorneys representing the men. They say their clients and others like them coming into Chicago from out of town to join in protests against the NATO summit were “befriended” by police informants and undercover Chicago Police, who then offered to obtain gasoline or explosive materials like toy rocket motors, and who proposed actions like firebombing police stations. This kind of entrapment and official deceit by police should alarm every American. It’s bad enough when police plant evidence and lie about evidence in order to win convictions, since it means innocent people will be sent to prison or worse. But with the new post 9-11 terrorism laws, like the state terrorism statutes in Illinois being applied in these cases, it becomes far more difficult for a victim of such police and prosecutorial misconduct to challenge the case against her or him. In terror cases, the government can claim “national security” to hide the evidence and even the identity of the witnesses from the defendants and the courts, the jury and the public, and can avoid ever being questioned about it publicly. In a worst case, the federal government doesn’t even need to bring the case to trial. If the victim is accused of being a terrorist, under the latest National Defense Authorization Act (NDAA) and various executive orders, that person can be locked away indefinitely without trial -- exactly the kind of abuse that led American colonists to rise up against their British colonial overlords 237 years ago. [By Dave Lindorff - Information Clearing House]
Kansas governor signs bill banning Sharia law
May 25: Republican Kansas Governor Sam Brownback has signed a bill aimed at keeping state courts and agencies from using Islamic or other non-U.S. laws when making decisions, his office said, drawing criticism from a national Muslim group.The law has been dubbed the "sharia bill" because critics say it targets the Islamic legal code. Sharia, or Islamic law, covers all aspects of Muslim life, including religious obligations and financial dealings. Opponents of state bans say they could nullify wills or legal contracts between Muslims. Muslim groups urged Brownback to veto the measure, arguing it promotes discrimination. The Council on American-Islamic Relations in Washington denounced the Kansas law and said it is considering legal action. "It's unfortunate the governor chose to pander to the growing Islam-phobia in our society that has led to introduction of similar unconstitutional and un-American legislation in dozens of state legislatures," Hooper said. Hooper said legislators have often referred to sharia law in supporting such legislation, but he said they take the word out of the bill to stave off legal challenges. The Kansas bill does not mention sharia. About 20 states have considered similar legislation but the Kansas law is the only one signed in recent weeks, council spokesman Ibrahim Hooper said. [AP/Reuters]
Murfreesboro mosque construction stops after judge's ruling
May 29: A judge’s ruling has stopped construction of a Nashville (Tenn.) suburban mosque that has been at the center of a rowdy debate for more than two years. Chancellor Robert Corlew ruled today that proper public notice was not given for the May 2010 meeting that approved the site plan for the mosque being built near Murfreesboro, a booming city of about 100,000 people southeast of Nashville. Corlew notes that his opinion doesn’t prevent the Rutherford County Planning Commission from reconsidering the issue and approving the mosque site plan again. The next commission meeting is scheduled for June 11. Essam Fathy, head of the construction committee for the Islamic Center, said that there is about six weeks of work left on the building. The mosque was one of several Muslim projects in the U.S. that hit a swell of conservative opposition around the same time as the controversy over a plan to build a Muslim community center near New York’s Ground Zero. The opponents of the Tennessee mosque have fought for two years to stop construction. During lengthy hearings in 2010, they presented testimony that effectively put Islam on trial. A string of witnesses questioned whether Islam is a legitimate religion and promoted a theory that American Muslims want to replace the Constitution with extremist Islamic law and the mosque was a part of that plot. The judge dismissed those allegations but held a trial on the narrower claim that the public meeting law was violated because the meeting notice wasn’t adequate. The meeting notice was published in the Murfreesboro Post, a free weekly newspaper that claims distribution to 45,000 homes in the county of more than 250,000 people. [AP/The Tennessean]
Return to page one
2012 January February March April May June
July August Sept. Oct. Nov. Dec.
|
