Time for FBI to stop spying on American Muslims

http://www.guardian.co.uk/commentisfree/cifamerica/2010/dec/07/islam-terrorism

Time for FBI to stop spying on American Muslims

Elaborate sting operations not only risk entrapment of bogus terrorist suspects, but worse, they wreck vital community trust

By Wajahat Ali

    The recent arrest of the potential Christmas tree bomber is reflective of the FBI’s myopic strategy of using glitzy, expensive sting operations and dubious confidential informants to further erode Muslim American relations instead of concentrating on effective partnerships to combat radicalisation. The FBI is promoting the arrest of Mohamed Osman Mohamud, a 19-year-old Somali-born teenager accused of attempting to detonate a car bomb at a Christmas tree-lighting ceremony, as a triumph of effective law enforcement. Instead, the operation reeks of gratuitous self-adulation, requiring 6 months of time and precious expenditures to “uncover” a dummy terrorist plot wholly scripted and concocted by the FBI in the first place. 

    Although many argue that this was simply entrapment, evidence does indicate that Mohamud became increasingly radicalised and voluntarily continued with the FBI’s fake terror plot. Regardless, CAIR attorney Zahra Billo told me, “The FBI seek out troubled people – nobody is arguing that some of these individuals aren’t deeply troubled – and then enable and facilitate their aspirations. It is the FBI’s job to stop operational terrorists. It is not the FBI’s job to enable aspirational terrorists.”

    Attorney General Eric Holder recently suggested the use of such sting operations were “part of a forward-leaning way” in which law enforcement could proactively find those individuals committed to harming Americans, and a study revealed that 62% of terror prosecutions relied on confidential informants. But recent episodes suggest these tactics are neither “forward-looking”, nor effective. Instead, they contribute towards a deepening, polarising wedge between law enforcement officials and some of their most important assets in the war against extremism: Muslim American communities.

    Recently, a former FBI confidential informant, Craig Monteilh, humorously codenamed “Oracle”, revealed he was paid $177,000 tax-free by the FBI to infiltrate and entrap a southern California Muslim community. The convicted forger, who went by “Farouk al-Aziz”, was served with a restraining order by the mosque after he repeatedly pestered attendees with absurd conversations about engaging in violent jihad. Not to be deterred, the FBI heavily relied upon Oracle’s superlative evidence, consisting of taped conversations, to indict an Afghan-American language instructor for allegedly making false statements regarding his ties to terrorists. Moreover, prosecutors alleged he was the brother-in-law of Osama bin Laden’s security coordinator.

    Surely, this bombshell discovery paved the way for a successful prosecution and conviction? Nearly a year and a half later, the judge agreed with the prosecutors to dismiss the case citing lack of an overseas witness and “evidentiary issues”. The result is a widening distrust of the FBI, since “the community feels betrayed,” said Shakeel Syed, executive director of the Islamic shura council of southern California, an umbrella group of more than 75 mosques.

    In the deeply flawed 2005 Lodi terror case, the FBI boasted of capturing two, alleged high-level terrorists, Hamid and Umer Hyatt – Pakistani father and son immigrants, who drove ice cream trucks for a living – based on the evidence of an unreliable Pakistani-American informant, codenamed “Wildkat”. Indeed, his fact-finding lived up to his name, since he told the FBI he saw al-Qaida’s number two man, Ayman al-Zawahiri, at his Lodi, California mosque. Although the FBI [thankfully] conceded his reporting as false, they nonetheless proceeded to pay him nearly $300,000 to infiltrate the sleepy Muslim community and scour for terrorists. His taped conversations with Umer Hyatt reveal him badgering and allegedly conning Umer to make incriminating statements. Furthermore, videotapes of the Hyatts’ absurd alleged “confessions”, which former veteran FBI agent James Wedick Jr reviewed and concluded were a result of illegal questioning and coaxing, nonetheless convinced a jury to convict Hamid of providing material support to terrorists and making false statements to the FBI.

    Aside from a miscarriage of justice, perhaps the most poisonous result of such belligerent law enforcement procedures, is a “chilling effect” on the Muslim American community, in which citizens legitimately feel fear and alienation from, and a deepening mistrust of, their government, as a result of such harassment. “Time and again, Muslims prove themselves to be good and smart when it comes to reporting potential crimes. The problem with this method of law enforcement is that strains the very relationships that are critical to effective community policing,” says Billo.

    In a country where 60% of its citizens claim to not know a Muslim and 45% regard Islam as a religion that promotes violence, these self-aggrandising displays of “successful” prosecutions also contribute to the volatile climate of anti-Muslim bigotry and reactionary rhetoric. Recently, Glenn Beck delved into his hyperactive, paranoid imagination to produce the utterly baseless statistic that nearly 10% of Muslims are terrorists. Although many of Beck’s audience will not question the veracity of his “facts”, a comprehensive study undertaken by Duke University reveals that the number of radicalised Muslim-Americans remains very small. The study reports that “Muslim American communities have been active in preventing radicalisation… This is one reason that Muslim American terrorism has resulted in fewer than three dozen of the 136,000 murders committed in the United States since 9/11.”

    Thus, a Senegalese Muslim immigrant was the first to witness and report failed jihadist Faisal Shahzad’s burning car in Times Square. A Muslim American community in Virginia went to local law enforcements and the FBI after discovering troubling videotapes left by five youths who allegedly went to Pakistan to commit jihad. A convert to Islam tipped off the FBI about the Christian militant group, the Hutarees, who were planning a terrorist attack on American soil. Even the Nigerian underwear bomber’s own father warned British authorities that his son was radicalised and could potentially harm himself and others.

    Undoubtedly, radicalisation and terrorism are real threats, which afflict all US citizens, regardless of race or religion. Perhaps the FBI should now cease treating most Muslim American citizens as potential suspects, whose privacy rights and civil liberties are now curtailed in clumsy ways – such as faulty GPS tracking devices sloppily attached on their cars. Perhaps the FBI needs to spend its considerable (taxpayer-paid-for) resources to re-engage them as partners and allies – instead of contributing to the heightened climate of fear and paranoia by employing shady informants with cheesy, comic-book codenames.

DawudWalid

Dawud Walid is currently the Executive Director of the Michigan chapter of the Council on American-Islamic Relations (CAIR-MI), which is a chapter of America's largest advocacy and civil liberties organization for American Muslims and is a member of the Michigan Muslim Community Council (MMCC) Imams Committee. Walid has been interviewed and quoted in approximately 150 media outlets ranging from the New York Times, Wall St Journal, National Public Radio, CNN, BBC, FOX News and Al-Jazeera. Furthermore, Walid was a political blogger for the Detroit News from January 2014 to January 2016, has had essays published in the 2012 book All-American: 45 American Men on Being Muslim, the 2014 book Qur'an in Conversation and was quoted as an expert in 13 additional books and academic dissertations. He was also a featured character in the 2013 HBO documentary "The Education of Mohammad Hussein." Walid has lectured at over 50 institutions of higher learning about Islam, interfaith dialogue and social justice including at Harvard University, DePaul University and the University of the Virgin Islands - St. Thomas and St. Croix campuses as well as spoken at the 2008 and 2011 Congressional Black Caucus Conventions alongside prominent speakers such as the Rev. Jesse Jackson and Congressman Keith Ellison. In 2008, Walid delivered the closing benediction at the historic 52nd Michigan Electoral College in the Michigan State Senate chambers and gave the Baccalaureate speech for graduates of the prestigious Cranbrook-Kingswood Academy located in Bloomfield Hills, Michigan. Walid was also a featured speaker at the 2009 and 2010 Malian Peace and Tolerance Conferences at the University of Bamako in Mali, West Africa. He has also given testimony at hearings and briefings in front of Michigan state legislators and U.S. congressional representatives, including speaking before members of the Congressional Hispanic Caucus in Washington, D.C. Walid has studied under qualified scholars the disciplines of Arabic grammar and morphology, foundations of Islamic jurisprudence, sciences of the exegesis of the Qur’an, and Islamic history during the era of Prophet Muhammad through the governments of the first 5 caliphs. He previously served as an imam at Masjid Wali Muhammad in Detroit and the Bosnian American Islamic Center in Hamtramck, Michigan, and continues to deliver sermons and lectures at Islamic centers across the United States and Canada. Walid was a 2011 - 2012 fellow of the University of Southern California (USC) American Muslim Civil Leadership Institute (AMCLI) and a 2014 - 2015 fellow of the Wayne State Law School Detroit Action Equity Lab (DEAL). Walid served in the United States Navy under honorable conditions earning two United States Navy & Marine Corp Achievement medals while deployed abroad. He has also received awards of recognition from the city councils of Detroit and Hamtramck and from the Mayor of Lansing as well as a number of other religious and community organizations.

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