Tag: Islam

The Police Don’t Need More Power to Target Muslims

In the wake of the terrorist attacks in Brussels this week, presidential candidate and senator Ted Cruz called for increased law enforcement activity in American Muslim communities:

 We must empower law enforcement to patrol and secure Muslim neighborhoods before they become radicalized.

Pressed to clarify his remarks, Sen. Cruz called for the resurrection and nationalization of a now-defunct NYPD surveillance program directed at the Muslim community in and around New York City.  He argued that the “successful” program was shut down due to an excess of political correctness, leaving New Yorkers more vulnerable to the threat of terrorism.

The problem: even ignoring political correctness, the NYPD program was a failure by any reasonable standard.

In the aftermath of 9/11, the NYPD established a surveillance-based Demographics Unit.  The goal of this unit was to “map” certain (almost entirely Muslim) communities in and around New York City, placing them under expansive police surveillance in order to sniff out would-be terrorists before they could launch attacks.   

To achieve this mandate, the police infiltrated mosques, set up surveillance cameras around Muslim-owned businesses and residences, went undercover to monitor everyday conversations, and even infiltrated student groups at schools as far away as Yale and the University of Pennsylvania in order to monitor what students talked about, who they spoke to, and how often they prayed. 

The end result of years of Demographic Unit surveillance on American Muslims was… nothing. 

No convictions, no prosecutions, and, according to Assistant Chief Thomas Galati, not even a single legitimate lead. 

That’s not to say there were never any terrorist threats in New York during this time period, only that the expansive “patrolling and securing” of Muslim neighborhoods failed to produce any actionable intelligence about them.  A 2013 New York Magazine article contains an illustrative example: 

In September 2009, the National Security Agency intercepted an e-mail from a taxi driver named Najibullah Zazi to an e-mail address linked to one of Al Qaeda’s most senior leaders. The message contained the line “the marriage is ready.”

Marriage and wedding were among Al Qaeda’s favorite code words for attacks, referring to the day that a suicide bomber met his brides, the maidens of the hereafter.

Trying to ascertain the scope of the plot, the NYPD searched the files of the Demographics Unit. Even though the rakers had canvassed Zazi’s neighborhood daily, and had even visited the travel agent where he bought his tickets between New York and Colorado, there was not a single piece of useful information. “There was nothing,” said [NYPD Lt. Hector] Berdecia. 

In 2011, the Associated Press began publishing an in-depth exposé on the program, which spawned calls for reform and a wave of litigation against the city. By the time Bill de Blasio took office as mayor in 2014, the program had largely wound down, and the unit was eventually disbanded entirely.

There is little evidence that program made New Yorkers any safer. What the program undoubtedly did is cost millions of tax dollars and thousands of law enforcement man-hours that could have been spent investigating actual criminal behavior. 

Sen. Cruz’s campaign also claimed that the end of the program made it more difficult for the NYPD to work with the Muslim community: 

In New York City, Mayor de Blasio succumbed to unfounded criticisms and eliminated the efforts of law enforcement to work with Muslim communities to stop radical Islamic terrorism. 

According to the NYPD itself and advocates within the New York Muslim community, the opposite is true. The NYPD program understandably alienated the local Muslim community and generated immense distrust between Muslim Americans and law enforcement.

While there is scant evidence that the NYPD program generated much in the way of actionable intelligence, it did generate civil rights and constitutional litigation against New York City.  Several suits have been settled, with costs ranging in the millions of dollars.

Meanwhile, another suit in New Jersey remains on the docket. Last October, the Third Circuit Court of Appeals issued a strongly worded opinion reinstating a lawsuit against the NYPD surveillance program, invoking several of the darkest civil liberties violations in our history to explain why the suit should proceed:

No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights. “[H]istory teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.”

[…]

Today it is acknowledged, for instance, that the F.D.R. Administration and military authorities infringed the constitutional rights of Japanese-Americans during World War II by placing them under curfew and removing them from their West Coast homes and into internment camps. Yet when these citizens pleaded with the courts to uphold their constitutional rights, we passively accepted the Government’s representations that the use of such classifications was necessary to the national interest. […] In doing so, we failed to recognize that the discriminatory treatment of approximately 120,000 persons of Japanese ancestry was fueled not by military necessity but unfounded fears.

[…]

What occurs here in one guise is not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African-Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight – that “[l]oyalty is a matter of the heart and mind[,] not race, creed or color.” 

Recycling failed, constitutionally-dubious policies is not a solution to terrorism, nor is singling out a largely law-abiding minority community for even more invasive government surveillance than it already endures.  Police are already empowered to investigate criminal activity, and to patrol any neighborhood they like. But the power to select entire neighborhoods or communities for intense police surveillance based solely on the ethnicity or religion is a power the police don’t need and shouldn’t have. 

For its part, the NYPD now seems to agree

Third Circuit Reinstates Muslim Discrimination Suit against the NYPD

Yesterday, in a case called Hassan v. The City of New York, the Third Circuit Court of Appeals reinstated a lawsuit accusing New York City of violating the 1st and 14th Amendment rights of Muslim-Americans in New Jersey under a sprawling and ineffective NYPD surveillance dragnet.

The ruling overturns a decision by the United States District Court for the District of New Jersey dismissing the suit for lack of standing and for failing to state a claim.

In layman’s terms: the district court, without a trial or the presentation of evidence, ruled that the plaintiffs weren’t harmed unjustifiably, that they hadn’t alleged sufficient wrongdoing by the police, and that they had no right to sue.  The Third Circuit ruling rejects those determinations and the case will now move forward at the district court.

An Associated Press investigation uncovered the NYPD program in 2011 and detailed the immense breadth of the NYPD’s surveillance efforts against the Muslim community in several states.  Police officers and informants infiltrated dozens of mosques. Police installed surveillance cameras so that Muslim-owned businesses, places of worship, and residences in New Jersey could be surveilled remotely. The NYPD even sent undercover officers to infiltrate Muslim student organizations at out-of-state universities such as Yale and the University of Pennsylvania, including one field trip to go whitewater rafting.  Those agents recorded the names of the students, how often they prayed, and what they talked about.  The NYPD is alleged to have “generated reports on every mosque within 100 miles of New York City.”

Despite the cost and the seemingly boundless geographic and jurisdictional scope of the spying program, there is little evidence of success.  In fact, the now-defunct “Demographics Unit,” a central component of the program, generated no convictions or, according to one agent deposition, even any tangible leads in more than a decade of operation.

How Political Repression Breeds Islamic Radicalism

Following the decision upholding numerous death penalties for Muslim Brotherhood members accused of a 2013 attack on a police station, Egypt has recently seen the conclusion of another sham trial, resulting in harsh sentences for three al-Jazeera journalists, accused of aiding terrorists.

While it is obvious that trials like these move Egypt further away from freedom, could they also be inadvertently helping Islamic radicals? My new development bulletin argues that political repression of the kind we are seeing in Egypt creates incentives for Islamists to use violence in order to attain their goals.

Iraq, where ISIS is making continual progress fighting the government of Nouri al-Maliki, is an extreme example of where things can end when political elites exclude a significant part of the population from democratic politics. Al-Maliki’s premiership has been marked by a strengthening of his own hold to power, progressively alienating the country’s Sunni population.

My paper argues that the electoral successes of Islamists in Arab Spring countries have relatively little to do with religion but rather with the organizational characteristics of Islamic political groups, which were typically active in the provision of local public goods and social services. Instead of seeing the rise of Islamic political organizations as a pathology that needs to be countered – possibly through repressive means – we should note that,

[I]n transitional environments, the electoral success of Islamists is a natural result of the political environment, which can be mitigated only by an increase in the credibility of alternative political groups. The electoral advantage enjoyed by Islamic parties can be expected to dissipate over time as competing political groups establish channels of communication, promise verification for their voters, and build reputation over time.

Furthermore,

There is no denying that religion and politics do not always mix well. However, the appropriate answer to the ugly side of religious politics is not political repression of the kind we are seeing in Egypt but rather open, competitive democratic politics.

Kick Egypt off the Foreign Aid Dole

The United States has spent decades attempting to micromanage the Middle East. The result is a long series of disastrous failures. Egypt is the latest example.

Almost everyone in Egypt now blames America—despite almost $75 billion in financial assistance to Cairo over the years. Instead of backing away, President Barack Obama is digging America in deeper. The administration is ignoring U.S. law by continuing financial aid.

The United States turned Egypt into a well-paid client during the Cold War after Egypt switched sides and later made peace with Israel. But the case for continuing subsidies has disappeared.

The law requires halting assistance. If what happened in Cairo was not a coup it’s time for an update to George Orwell’s 1984. In fact, it appears that the military planned its takeover for months. 

The Egyptian military is a praetorian institution which has been the foundation of dictatorship for a half century. Egyptian military officers are pampered apparatchiks who control as much as 40 percent of the economy. They always have served power and privilege rather than democracy and liberty. 

Moreover, foreign “aid” has subsidized Egypt’s catastrophic economic failure. Like government-to-government assistance elsewhere, American subsidies have discouraged economic reform. 

As for political influence, Cairo long ago realized that it could count on receiving Americans’ money irrespective of its behavior. Egyptian governments have never listened to Washington’s advice regarding either economic or political reform. That hasn’t changed since the coup.

Deputy Secretary of State William Burns visited Cairo a couple weeks ago and activists on both sides refused to see him. The top military leader met with him, but ostentatiously ignored Burns’ pleas. 

Even if the money theoretically brought influence, the Gulf States have promised Egypt at least four times as much as Washington. Why should Cairo listen to America?

The military already is well-funded domestically, and much of America’s assistance goes for prestige weapons, such F-16s. Nor does Washington need to pay the generals not to break the peace with Israel. They know that conflict with Israel would be suicidal. 

Unfortunately, the liberal opposition is living an illusion if it believes that security forces which backed dictatorship for six decades now represent liberal values. As I point out in my new Forbes online column:

[I]t will not be long before those who advocate democracy and liberty find themselves in the army’s cross-hairs. Literally, given the military’s penchant for using live ammunition against protestors. Democracy advocates who subvert democracy should expect nothing less.

Finally, America’s reputation is on the line internationally. The Muslim Brotherhood may be no friend of liberty, but political Islamists are far more dangerous if excluded from the political process. And the coup will resonate beyond Egypt. To work so hard to avoid applying the law in order to support a coup against the man who won the first free presidential election in Egyptian history will make a mockery of any future pronouncements about America’s commitment to democracy. 

Washington’s best hope is to disengage, leaving Egyptians to decide their own future. That would respect the rule of law in the United States. It also would restore a degree of leverage, if Egypt’s military actually values Washington’s cash and support. It is time to halt American assistance to Egypt.

U.S. Bends to Protests in Pakistan

To contain mass protests in Pakistan over a now infamous anti-Islamic film, President Barack Obama and Secretary of State Hillary Clinton appear in a $70,000, U.S.-funded ad on Pakistani television denouncing the film and saying America “respects all faiths.”

This joint White House-State Department effort seems terribly misguided, as I would wager that Pakistanis are angrier with Washington dropping bombs on their domes—both cranial and architectural. But what makes this public relations endeavor particularly ill conceived is that, on a basic level, the U.S. Government should be taking this opportunity to promote one of its core foundational principles: the free speech of private citizens.

The ad does not do that. It instead emphasizes America’s tolerance for religious freedom without reference to other fundamental rights. I recognize that Obama and Clinton not only want to stop the anti-American protests, but also challenge the misconception that private and public speech in America are essentially one and the same. But when demonstrators in Peshawar are burning movie theaters and setting fire to posters of female movie stars, our leaders convey the impression that they are kowtowing to radicals. (It should be noted that the savagery perpetrated by radicals in the Muslim world disgusts many moderate Muslims.)

It is bad enough that Pakistan’s Ministry of Foreign Affairs has asked its American counterpart to have the anti-Islamic film removed from YouTube. It would be worse if Washington fulfilled that expectation by obliging. As writer Salman Rushdie has said of the protests more generally, free speech is at risk because “religious extremists of all stripes” attack people who criticize beliefs.

Americans live under a different set of laws and customs and should never be scared into bending to extremists. And, however offensive the film mocking Mohammed was, there is no excuse for the violent behavior on display.

Muslim Humor

It is with delight this week that I see social media pouring derision on mainstream media’s depiction of the world. Specifically, the withering mockery given to Newsweek’s “Muslim Rage” cover.

Gawker helped catalyze things by publishing some early Twitter send-ups of the Muslim rage concept—“Wrestling is fake? #MuslimRage”—and its own spoof: “13 Powerful Images of Muslim Rage.”

My personal favorite came from hijab-wearing ‏@LibyaLiberty, who Tweeted:

I’m having such a good hair day. No one even knows. #MuslimRage

It is not automatic to recognize the personality of souls in other cultures and countries. In a Tweet posted September 12th (now apparently taken down) outgoing Village Voice editor-in-chief Tony Ortega said, “Islam needs to get a [expletive] sense of humor.” I don’t know what one means by anthropomorphizing a religion, but many individual Muslims demonstrably already have one.

AP Photo

On the Wall Street Journal Professional site, Bret Stephens writes about the derision U.S. culture can pour on minority religions other than Islam without eliciting much stir at all, official or otherwise. The unfairness is notable, and it’s worth talking about whether government-issued statements about the bizarre “Innocence of Muslims” video were called for and whether they struck the right notes.

But Stephens says something that has a quality similar to Ortega’s Tweet and Newsweek’s cover, dismissing the individuality of the one billion-plus Muslims around the world who are not rioting, attacking embassies, or doing anything of the sort.

“[T]o watch the images coming out of Benghazi, Cairo, Tunis and Sana’a,” Stephens writes, “is to witness some significant portion of a civilization being transformed into Travis Bickle.” (Travis Bickle was the misfit anti-hero in Martin Scorcese’s movie Taxi Driver, who delivered a young prostitute from New York City back to her mid-western family. Political people remember him as the inspiration for would-be Reagan assassin John Hinckley.)

“Significant portion”? How many Muslims constitute a “significant portion” of the overall number? What infinitesimal percentage of a group so large is “significant”? Stephens might have said “tiny minority” and been more accurate. His implication—hopefully unintended—is that an entire culture is massing at the border of ours, preparing—oh, who knows what—our undoing.

I believe it’s received wisdom in libertarian circles to reject the collectivist mindset that views humans strictly as members of groups rather than individuals. Any believer in individual rights, liberties, and responsibilities should suffer sharp pangs of cognitive dissonance to think of group conflict along the lines I’m reading into Stephens.

So I’m enjoying seeing Muslims express themselves as individuals, putting the lie to their caricature in the mainstream media as a raging undifferentiated mass with spittle on their beards. Especially the women.

Egyptian Elections: Is the Revolution Over?

Before the news of Hosni Mubarak’s impending death dominated the news cycle, the real issue on Egypt was what happened in the past week. On Thursday, Egypt’s Supreme Constitutional Court effectively dissolved parliament. On Sunday, Egypt’s Supreme Council of the Armed Forces issued a supplementary constitutional declaration that stripped the presidency of most of its power and gave itself temporary legislative authority and a strong hand in writing the country’s new constitution. Egypt’s democracy now hangs by a thread after what amounts to a de facto coup. U.S. policymakers ought to reassess Washington’s aims with Cairo and weigh the supposed value of American military and economic aid against the outcomes actually reached. Evidence suggests that U.S. aid can and should be phased out, providing Egypt the domestic political shake-up its young democracy desperately needs.

U.S. officials must consider the precise purpose of military aid programs, particularly their usefulness with respect to Egyptian-Israeli peace. Proponents of aid stand the region’s geopolitics on its head, arguing that aid dissuades Egypt’s military from initiating war against Israel. Little to no attention is paid to the fact that Washington advances interests that Egypt already has, as war with Israel would be disastrous for Egypt, aid or no.

Throughout the Cold War, Egypt and Israel fought a war nearly every decade: 1948-49, 1956, 1967, 1969, and 1973. Egypt’s military realized long ago—and more importantly, on its own accord—the hazards of its perpetual confrontation with Israel. Its adherence to the U.S.-brokered Camp David Peace Agreement of September 1978 was the culmination of lessons learned from its devastating military defeats.

Egyptian-Israeli peace is assured not by Washington’s largesse to Cairo, but by the memory of its humiliating military losses and the desperate economic conditions in Egypt. Nevertheless, Cairo continues to wage covert measures against Israel—again, despite receiving U.S. assistance. Earlier this year, pro-military fliers distributed in Egyptian taxis blamed the United States, Israel, and other foreign powers for causing the country’s crisis. In addition, under Mubarak, Israeli authorities complained that Egypt was failing to effectively control the smuggling of arms and explosives in tunnels under Egypt’s Rafah border crossing with Gaza. Other material was also being transferred by sea and above ground by smugglers with the complicity of Egyptian soldiers and officers. Israeli Security Agency director Yuval Diskin believed that Egyptian leaders lacked the will to crack down on these weapons networks because they viewed Israel as a safety valve that channeled extremists away from Egypt.

Recent tensions in the Sinai could have serious implications. As Amman-based journalist Osama Al Sharif writes:

Sinai will remain a critical point of friction between Israel and Egypt. Since the collapse of the Libyan regime, huge caches of weapons have found their way from Libya into the Sinai Peninsula. For Israel, the fact that Hamas has now access to new armaments represents a huge security challenge. It is a situation that neither Israel nor Egypt can control. The former may decide to carry out a preemptive strike against Hamas and loyal cells deep within Sinai. Such unilateral action could easily develop into a regional conflict. [Emphasis added]

Even if structural factors between Israel and Egypt do not change, and Israel retains its overwhelming military superiority, the potential for overreaction or miscalculation could spiral into conflict. Such a scenario would put U.S. officials in an embarrassing position, having supplied massive amounts of military hardware and economic assistance to both belligerents for over three decades.

Presently, Washington supports a regime in Cairo that continues to view Israel as an enemy and entrenches its power through brutality and political repression. Until recently, Cairo’s Islamist government was intent on incorporating Sharia law and cooperating (for more U.S. aid) with America. Moreover, many Egyptians—angered by lack of progress on Palestinian self-determination through the creation of an autonomous Palestinian state—are increasingly frustrated with an America that sends massive military and financial assistance to their regime (over $60 billion in military grants and economic assistance since 1975).

Decades of U.S. aid has done nothing to turn Egypt into a democracy or a market economy. Unfortunately, as made clear by the transfer of power in February 2011 from former president, Hosni Mubarak, to the Supreme Council of the Armed Forces (SCAF), Egypt has not undergone a revolution, but rather a thinly veiled attempt by the armed forces to perpetuate their six decades in power.

Months ago, the Obama administration resumed funding to Egypt, even though Congress restricted military aid until and unless the State Department could certify that Egypt progressed toward democracy, basic freedoms, and human rights. A senior Obama administration official said at the time that there would be no way to certify that all conditions were being met. Today, however, with thousands of activists being detained and tried in military courts, overwhelming evidence shows that Egypt’s military junta has not met any of the aforementioned obligations. The military, which commands an array of commercial enterprises in industries such as water, olive oil, cement, construction, hospitality, and gasoline, limited democracy to advance their narrow self-interests.

In Cairo, a freely elected civilian government will always be powerless against a deeply entrenched military. The flourishing of a secular-minded liberal democracy would of course be ideal, but guided by the belief that picking sides in the Arab world advances U.S. strategic interests, senior officials endorse a policy that in the short-term could stymie Islamists, but in the long-run discredit reformers and increase the credibility of extremist hardliners. That central paradox plagued America’s counterterrorism policy under Mubarak. As an unclassified U.S. Department of Defense report from 2004 acknowledged:

If it is one overarching goal they [Muslims] share, it is the overthrow of what Islamists call ‘apostate’ regimes: the tyrannies of Egypt, Saudi Arabia, Pakistan, Jordan and the Gulf States…Without the U.S. these regimes could not survive. [Emphasis added]

Here, however, a caveat is needed. The Muslim world is expansive, and radicals are only a small part. As Thomas H. Kean, chair of the 9/11 Commission, said in July 2004 before the U.S. Subcommittee on National Security:

The small number of Muslims who are committed to Osama bin Laden’s version of Islam, we can’t dissuade them. We’ve got to jail them or we’ve got to kill them. That’s the bottom line. But, the large majority of Arabs and Muslims are opposed to violence, and with those people, we must encourage reform, freedom, democracy and perhaps, above everything else, opportunity. [Emphasis added]

Even as many in Washington—including this author—strongly reject the Islamists who rose to power in Cairo, it is well past time for us to step back and allow Egyptians to shape their own destiny. Egypt is deterred from attacking Israel not because of U.S. aid or love of the Jewish state, but rather because it has little prospect of gain and much to lose. If tensions erupt in the Sinai and spiral into war, that development would perhaps serve as the greatest indictment against the assumption that decades of U.S. assistance produced a sustainable peace.

Egyptians must judge for themselves whether Islamists or the military can deliver on promises of economic and political reform, especially after decades of substantial U.S. assistance has failed to live up to its aims. Sadly, it seems that given the conventional wisdom in Washington, phasing out U.S. aid to Egypt might be more difficult than phasing out Egypt’s old dictator.

Cross-posted from the Skeptics at the National Interest.

Pages