ACLU & Large Coalition Send Letter to Rep. King re Offensive Muslim "Radicalization" Hearing

The following is a press release from the ACLU regarding the deeply racist and divisive House of Representative Homeland Security Committee hearings scheduled for this coming Thursday. Purportedly called by Rep. Peter King to examine supposed Muslim "extremism," the hearings are a thinly veiled call for discrimination and political demagogy, whipping up fear of a domestic menace, which doesn't really exist. It's racist and offensive, but also dangerous, and a sign of the insanity of our times.

Unfortunately, the Obama administration feeds this kind of fear-mongering with its own recent policies, via Executive Order, calling for indefinite detention of "terrorists" at Guantanamo. Rep. King was thrilled by this latest travesty by the Obama administration, and certainly, it fits right in with his campaign of fear.

For more on this issue, see the release by the Leadership Conference of their report, "Restoring a National Consensus: The Need to End Racial Profiling in America." The website Faith in Public Life also has a interesting round-up of commentary by religious leaders speaking out against the King hearings.

On the issue of Obama's lifting of the stay on military commissions trials, and the setting up of an apparatus for indefinite detention of uncharged and/or unconvicted "terrorists" at Guantanamo, see the analysis by Center for Constitutional Rights, and article out today by Marcy Wheeler and Glenn Greenwald.

The ACLU press release and letter to Rep. King:

ACLU And Broad Coalition Tell Rep. King Of Concerns About Muslim “Radicalization” Hearing

FOR IMMEDIATE RELEASE
March 8, 2011

CONTACT:(202) 675-2312 or media@dcaclu.org

WASHINGTON – The American Civil Liberties Union, along with several other human rights and civil liberties organizations, sent a letter today to House Homeland Security Committee Chairman Rep. Peter King (R-NY) expressing deep concern about his committee’s upcoming hearing on the so-called “radicalization of the American Muslim community.” The hearing is scheduled for Thursday, March 10.

The letter, sent by over 40 groups, urges Rep. King and his committee not to conflate First Amendment-protected practices with involvement in terrorism. The letter also criticizes the hearing’s false premise that the Muslim community and its leaders are uncooperative with law enforcement.

The letter states, “Treating an entire community as suspect because of the bad acts or intolerant statements of a few is imprudent and unfair, and in the past has only led to greater misunderstanding, injustice and discrimination. Erroneous theories of eugenics supported racist immigration policies and Jim Crow anti-miscegenation laws for decades. Misguided ‘red’ scares and racism drove abominable policies like blacklists, McCarthyism and Japanese internment, betrayed American values and did not improve security. To avoid the same mistakes, the Committee should rely on facts and scientifically rigorous analysis, not biased opinions or unsupported theories positing a discernable ‘radicalization’ process that are belied by available evidence.”

According to the letter, “A fact-based approach enhanced with scientifically rigorous analysis will likely be more successful at providing a clear picture of the threats we face and the appropriate methods we need to employ to address them without violating the constitutional rights of innocent persons. Fear and misunderstanding should not drive our government policies.”

The full text of the letter can be found below:

March 8, 2011
Representative Peter King
U.S.House Committee on Homeland Security
Washington, DC 20515

Dear Chairman King:

As organizations dedicated to protecting rights guaranteed under the U.S. Constitution, we write to express our concern that your Committee’s planned hearings on the “radicalization of the American Muslim community” risk chilling fundamental First Amendment freedoms of religion, speech, and association.  These freedoms occupy a special place in our history and in the Constitution.  They define who we are as a country, and may not be set aside.

Our concerns are driven by your public statements justifying the basis for, and goals of, the Committee’s proposed hearings, which raise significant and troubling issues.[i]  Holding hearings based on a deeply flawed theory of “radicalization” that falsely conflates religious practices with preparation for terrorism and focuses exclusively on Muslim-Americans will burden the free exercise of religion, give the appearance of official endorsement of one set of religious beliefs over another and chill free association and free speech.  We are also deeply troubled by your plan to use the hearing to air the unsubstantiated allegation that Muslim-American leaders are uncooperative with U.S. counterterrorism efforts, both because the allegation is demonstrably incorrect and because it will only sow discord when national unity is most needed.

At the outset, and as organizations devoted to the protection of free speech, we want to emphasize that it is entirely appropriate for a member of Congress to express his or her views regarding issues of national interest, as you have done, including when such views are controversial.  While we, in turn, challenge the factual basis supporting some of your arguments, your views and your speech are protected by the First Amendment.[ii]  Indeed, as free speech organizations, we have and would defend the First Amendment rights of all individuals to express any, even hateful, views on matters of public debate, including whether particular religious or political beliefs are used to justify violence.

But when conducting official inquiries under the auspices of a standing committee of Congress, members have a higher duty to ensure that constitutional rights are not diminished under the weight of government scrutiny.  While Congress has broad and necessary powers of oversight and inquiry, they are not unlimited.  As the Supreme Court held in 1957 in one of the cases arising out of the House Un-American Activities Committee hearings, congressional inquiries, like legislation, may not entrench on First Amendment freedoms of religion, speech and association.[iii]

In order to accomplish its goals in accordance with the Constitution, therefore, the Committee, like law enforcement, must distinguish between First Amendment-protected ideological beliefs – whether radical or not – and criminal terrorist activity or plots.  Only the latter may properly be the subject of official inquiry.  Congress simply has no business examining Americans’ religious or political beliefs in official hearings – even if these beliefs are considered “radical” by some.  Congress must also avoid giving the appearance of an official endorsement of one set of religious beliefs over another.  It would be inappropriate and unwise for Congress to conduct an inquiry into the nature of Islam, the different interpretations of the faith among Muslims, whether there exists an “ideology” of “political Islam,” or whether some Muslims are more loyal Americans than others, just as it would be inappropriate for Congress to examine different interpretations of Christianity or debate whether Baptists or Catholics are more trustworthy.

Treating an entire community as suspect because of the bad acts or intolerant statements of a few is imprudent and unfair, and in the past has only led to greater misunderstanding, injustice and discrimination.  Erroneous theories of eugenics supported racist immigration policies and Jim Crow anti-miscegenation laws for decades.  Misguided “red” scares and racism drove abominable policies like blacklists, McCarthyism and Japanese internment, betrayed American values and did not improve security.  To avoid the same mistakes, the Committee should rely on facts and scientifically rigorous analysis, not biased opinions or unsupported theories positing a discernable “radicalization” process that are belied by available evidence.[iv]  “Radicalization” is simply a euphemism for religious and ideological profiling, which can only lead to further discrimination.

Targeting a minority religious community for official scrutiny also poses a great risk of promoting divisiveness, rather than national unity, which can only impair the government’s national security efforts on behalf of us all.  Avoiding religious divisiveness was a main objective of the Founders in drafting both the Establishment and Free Exercise clauses of the First Amendment.[v]  Official congressional inquiry only adds to divisiveness by putting enormous pressure on private groups and individuals who are singled out for scrutiny.  Many American Muslim community and faith groups have objected that the Committee’s hearings will present a false or misleading picture both of Islam and of the various and diverse Muslim communities in our country.[vi]  Negative repercussions may be especially likely in the case of the American Muslim community, which has already been the target of both hate speech and actual violence.  Recent media reports about the Committee’s proposed hearings demonstrate that they already have contributed to an atmosphere of increased religious animosity.[vii]

Your Committee can carry out its important function in a wide variety of ways without trampling on the constitutional rights of American Muslims.  The Committee may quite properly examine the continuing serious threat of domestic terrorism, and pursue broad areas of inquiry related to efforts by al Qaeda and others to commit acts of violence in the United States.  Terrorist methodologies, including efforts to recruit individuals to carry out terrorist acts, are properly the subject of government scrutiny.  Indeed, Congress has addressed these issues many times over the past several years, and many of the undersigned groups have long advocated that the proper focus of congressional hearings is on better understanding the nature and scope of the threat, vigorously exercising Congress’s authorities to oversee the government’s response, holding our military, law enforcement and intelligence agencies accountable, and crafting sensible legislation to enhance security while protecting the rights of innocent persons.  We will continue to work with Congress to ensure our government’s counterterrorism efforts are productive, effective, and legal.  The Committee’s hearing this month on “Threats to the Homeland” with Department of Homeland Security Secretary Janet Napolitano and National Counterterrorism Center Director Michael Leiter is an example of appropriate congressional inquiry, as are the hearings focusing on the domestic threat posed by Al Qaeda in the Arabian Peninsula, and the threat to air commerce.

Secondly, we are deeply concerned that a focus of your Committee’s hearing is based on the mischaracterization of leaders in the American Muslim community as uncooperative with U.S. counterterrorism efforts.  This allegation is demonstrably false.  Numerous law enforcement officials have gone on the record to dispute this allegation,[viii]academic studies have catalogued the assistance Muslims have provided to anti-terrorism efforts,[ix]and the undersigned organizations work closely with many Muslim civil rights and advocacy groups that are deeply involved in efforts to improve security policies.  Indeed, your Committee has heard testimony from several law enforcement witnesses regarding their engagement with Muslim-American communities on a host of issues.[x]
Our concern is heightened by your statements implying that American Muslims’ “cooperation” in national security efforts must be measured by their willingness to provide information voluntarily to counterterrorism enforcement agencies.  Although warning law enforcement officials of threats is indeed a shared civic and social responsibility, it would be illegal, unfair and impractical for Congress or law enforcement officials to require any religious or belief community to prove its loyalty to this country by “informing” on its members.  To the contrary, American Muslims, like the rest of this country’s citizens, have the right to protest illegal, over-zealous or abusive government security measures and to vigorously exercise, and encourage others to exercise rights guaranteed in the Constitution.  There are also legitimate concerns about whether individuals who volunteer information to law enforcement will find themselves threatened with legal jeopardy.  Advising individuals to speak to lawyers before talking to law enforcement or even to refrain from talking to law enforcement is both prudent and completely legal speech protected by the Bill of Rights.  We expect that many corporations, businesses and even congressional offices would advise their employees to consult a lawyer before speaking with law enforcement as well.

Recognizing and respecting the line between protected beliefs and illegal activity does not undermine our security, but rather strengthens it.  Basing security policy on factually flawed “radicalization” theories will only waste precious security resources.  Law enforcement has been successful in preventing terrorist plots many times over the past few years by focusing on facts and evidence.  Inquiring into how many Muslims hold “radical” beliefs, however those are defined, will not aid those efforts.  To the contrary, it will undermine the crucial bonds between communities and the government and law enforcement.  Most dangerously, it is likely to undermine our efforts to demonstrate to Muslims at home and abroad that the United States seeks to live up to its ideals in its treatment of all Americans, including Muslims, and is not engaged in a “war against Islam.”  

As civil liberties and free speech organizations, we have fought for many years against government proposals to investigate the religious or political beliefs of any group of Americans.  We subscribe to the views of the Attorney General that “law enforcement has an obligation to ensure that members of every religious community enjoy the ability to worship and to practice their faith in peace, free from intimidation, violence or suspicion. That is the right of all Americans. And it must be a reality for every citizen.  In this nation, our many faiths, origins, and appearances must bind us together, not break us apart.”  We hope that you will agree that this is also the obligation of the Congress. 

We respectfully urge that your Committee treat unsubstantiated theories about “radicalization” with skepticism and focus its efforts on actual terrorist acts and those who commit them rather than on the adoption of beliefs or the expression of dissent.  A fact-based approach enhanced with scientifically rigorous analysis will likely be more successful at providing a clear picture of the threats we face and the appropriate methods we need to employ to address them without violating the constitutional rights of innocent persons. Fear and misunderstanding should not drive our government policies.

We would be happy to supply any additional information and would welcome the opportunity to discuss this with you further. Thank you for considering our views.

Sincerely,

American Civil Liberties Union
American Association of University Professors
American Booksellers Foundation for Free Expression
American Friends Service Committee
American Library Association
American-Arab Anti-Discrimination Committee
Americans United for Separation of Church and State
Arab American Institute
Bill of Rights Defense Committee
Casa Esperanza
Center for Media and Democracy
Council on American-Islamic Relations
Defending Dissent Foundation
DownsizeDC.org, Inc.
DRUM- Desis Rising Up & Moving
Friends Committee on National Legislation
Friends of the Earth
Greater NYC for Change
Humanitarian Law Project
Kinder USA
Liberty Coalition
Muslim Advocates
Muslim Bar Association of New York
Muslim Bar Association of Southern California
Muslim Public Affairs Council
National Coalition Against Censorship
New Security Action
NYC Coalition to Stop Islamophobia
Pakistan American Public Affairs Committee
Peace Action
People For the American Way
Pipe Organs/Golden Ponds Farm
Queens Federation of Churches
Rutherford Institute
Secular Coalition for America
Sikh Council on Religion and Education
South Asian Americans Leading Together
South Asian Network
The Sikh Coalition
UNITED SIKHS
www.JusticeThroughMusic.org
www.StopDomesticTerror.com

Cc:  Ranking Member Bennie Thompson
        Members of the House Committee on Homeland Security
        Speaker John Boehner
        Democratic Leader Nancy Pelosi

[i]Peter King, “What’s Radicalizing Muslim Americans?,” Newsday (Dec. 17, 2010) available at http://www.house.gov/apps/list/speech/ny03_king/radicalizingmuslimamericans.html(hereinafter “Newsday op-ed”); Frank Gaffney Interview with Peter King, Secure Freedom Radio with Frank Gaffney (Jan. 6, 2011) available at http://www.securefreedomradio.org/2011/01/06/january-6-2011-faith-mcdonnell-rep-pete-king-sara-carter/.
[ii]We are disturbed, for example, by your unsubstantiated and divisive assertion that 85 percent of American mosques are run by extremists, especially given that experts on the subject have found that American Muslims’ attendance at mosques helps to prevent violent extremism.  See David Schanzer, Charles Kurzman, and Ebrahim Mooza, Anti-terror Lessons of Muslim-Americans, National Institute of Justice, Bureau of Justice Assistance, U.S. Department of Justice, p. 1, (Jan. 6, 2010) available at http://fds.duke.edu/db?attachment-34--4912-view-1255.
[iii]Watkins v. United States, 354 U.S. 178, 188 (1957). 
[iv]Recent “radicalization” theories are not supported by empirical evidence.  For example, the 2007 New York Police Department (“NYPD’) report, Radicalization in the West: The Homegrown Threat, drew quick condemnation from the civil liberties and Muslim communities for its serious factual and methodological flaws.  New York City Muslim and Arab community leaders formed a coalition in response to the NYPD report and issued a detailed analysis criticizing NYPD for wrongfully “positing a direct causal relation between Islam and terrorism such that expressions of faith are equated with signs of danger,” potentially putting millions of Muslims at risk.  Muslim American Civil Liberties Coalition, CountertERRORism Policy: MACLC’s Critique of the NYPD’s Report on Homegrown Terrorism (2008) available at http://maclcnypdcritique.files.wordpress.com/2008/11/counterterrorism-policy-final-paper3.pdf.  See also  Aziz Huq, Concerns with Mitchell D. Silber and Arvin Bhatt, N.Y. Police Dep’t, Radicalization in the West: The Homegrown Threat, New York University School of Law, Brennan Center for Justice (Aug. 30, 2007) available at http://brennan.3cdn.net/436ea44aae969ab3c5_sbm6vtxgi.pdf; American Civil Liberties Union et al., Coalition Memo to the Senate Committee on Homeland Security and Governmental Affairs Regarding “Homegrown Terrorism”(May 7, 2008) available at http://www.aclu.org/safefree/general/35209leg20080507.html.  NYPD added a “clarification” in 2009.  See http://maclc1.wordpress.com/2009/09/08/maclc-90809-letter-response-to-nypd-statement-of-clarification/.
[v]Annals of Congress (Sat., Aug. 15, 1789) pp. 730–31; McCreary County v. American Civil Liberties Union of Ky., 545 U.S. 844, 876 (2005) (“The Framers and the citizens of their time intended not only to protect the integrity of individual conscience in religious matters, but to guard against the civic divisiveness that follows when the government weighs in on one side of religious debate; nothing does a better job of roiling society, a point that needed no explanation to the descendants of English Puritans and Cavaliers (or Massachusetts Puritans and Baptists)”); Lemon v. Kurtzman, 403 U.S. 602, 622 (1971) (“political division along religious lines was one of the principal evils against which the First Amendment was intended to protect”).
[vi]“51 Organizations Tell Congress that Hearings Targeting American Muslims are Divisive,” Muslim Advocates (Feb. 1, 2011) available at http://www.muslimadvocates.org/latest/51_organizations_tell_congress.html
[vii]Arun Venugopal, King’s Hearings on Radical Islam Draw Rival Protest Groups, WNYC Newsblog (Feb. 23, 2011) available at  http://www.wnyc.org/blogs/wnyc-news-blog/2011/feb/22/rival-protests-rep-kings-office-over-islam-hearings/
[viii]See Counterterrorism Experts Reject Peter King’s Targeting of Muslims, National Security Network (Jan. 28, 2011) available at http://www.nsnetwork.org/node/1847; “Baca: No Evidence Muslims Not Cooperating with Police,” CBS Los Angeles (Feb. 11, 2011) available at http://losangeles.cbslocal.com/2011/02/07/baca-no-evidence-us-muslims-not-cooperating-with-police/
[ix]See Charles Kurzman, “Muslim-American Terrorism Since 9/11: An Accounting,” Triangle Center on Terrorism and Homeland Security (Feb. 2, 2011) available at http://sanford.duke.edu/centers/tcths/about/documents/Kurzman_Muslim-American_Terrorism_Since_911_An_Accounting.pdf
[x]See, e.g., Hearing of the House Homeland Security Committee Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment, “Working with Communities  to Disrupt Terror Plots” (Mar. 17, 2010); Hearing of the House Homeland Security Committee Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment, “Radicalization, Information Sharing and Community Outreach: Protecting the Homeland from Homegrown Terror” (Apr. 5, 2007).

Racist Article in Spy Journal Calls for Killing 100,000 Muslim “Zealots”

[I had originally posted this article at Firedoglake in August 2009, but just recently realized I failed to crosspost it here at Invictus. With all the racist hullaballoo and anti-Muslim propaganda around the supposed "Ground Zero Mosque" these days, I thought it worth reposting now.]

This story reports on an extraordinary 2004 article by a Harvard lecturer and former Chief of Neuropsychiatry at Guantanamo Bay, which made the shocking claim that "hard-core zealots" had "brains that are structurally and functionally different from us." Furthermore, the article stated, 100,000 "zealots" within the Muslim body politic would have to be eliminated, the way "malignant [cancer] cells" are removed from a healthy body.

The author of the article, "Terrorism – The Underlying Causes," in the Winter/Spring 2004 issue of the Intelligencer, Journal of U.S. Intelligence Studies (PDF), house organ for the American Federation of Intelligence Officers (AFIO), was William Henry Anderson, M.D. Anderson’s piece received a stinging protest letter to the editor from psychologist and military ethics expert, Jean Maria Arrigo, but I’m not aware of any other complaint regarding this racist, fascistic article in the pages of a major intelligence services journal.

In fact, when, during her stint on the 2005 Psychological Ethics and National Security (PENS) task force of the American Psychological Association (APA), Dr. Arrigo tried to get the TF membership, stacked with military psychologists from Special Forces, SERE, and the CIA, to discuss the significance of the Anderson article, she was met with indifference and assurances that the matter was of no consequence, since Anderson had by then retired. The record of this can be seen by perusing the PENS listserv, posted by ProPublica a few months back.

The text of Anderson’s article is not online, as Intelligencer does not post its articles on the Internet. However, I have obtained a copy, and can report what I read.

The article starts out as a bloviating howler. Anderson quotes Sun Tzu, recapitulates the Aristotlean causal categories, and fulminates about "credulous enablers" and "useful idiots" that sabotage U.S. efforts to mount an effective defense against its enemies. Anderson regrets that the enablers and idiots will be with us for a long time, as they represent unfortunate but necessary aspects of human nature.
It is only when we get to the "zealots" that we, supposedly, enter new territory. The zealots are "a pathological departure" from "human nature" (emphasis added to quote below).

No, the zealots are another kind of person. They may be thought of as cells of a social body that have undergone malignant change.

Let us consider terrorism with an analogy from medicine — that of terrorism as a cancer. There are about 1.4 billion Muslims in the world. Embedded withing this healthy body are, perhaps, 100,000 people who are eager and active in pursuit of the goal of killing us. Just as successful treatment of cancer requires killing of the malignant cells, we will need to kill this small minority, since we have no evidence that they can be induced to change their minds.

Dr. Anderson is not content with making proclamations. He has an entire section of his article devoted to pseudo-scientific justifications for his claim that the "zealots" minds cannot be literally changed.

My hypothesis is that they, or some of them, at least have brains that are structurally and functionally different than ours. Their single-minded purpose is made possible by an underlying dysregulation of the brain.

Only fair use limitations prevent me from fully deconstructing Anderson’s strange neuroscience, where "overvalued ideas" arise from damage to the brain’s amygdala and frontal cortex. The damage is ostensibly due to hereditary factors (made worse by all those Muslim "consanguineous marriages," don’t you know), poor nutrition and environmental toxins found in Muslim countries, and possible birth injuries.

Anderson’s scientific racism calls to mind the similarly medicalized racism of the Nazis, as psychiatrist Robert Jay Lifton described it over 20 years ago. In his book, The Nazi Doctors, Lifton quoted Nazi doctor Fritz Klein, in words not too different from Harvard lecturer and Massachusetts General Hospital Senior Psychiatrist Anderson:

Of course I am a doctor and I want to preserve life. And out of respect for human life, I would remove a gangrenous appendix from a diseased body. The Jew is the gangrenous appendix in the body of mankind.

Dr. Arrigo caught this whiff of racist ideology in a letter to the Intelligencer published in Winter/Spring 2005. Note: the text at the link is not perfect. I have taken my quote from the original publication, which is not online.

William Henry Anderson’s essay… appears to me invalid and unsuitable for publication in this journal. I write to you as an AFIO member and a social psychologist who studies ethics of intelligence….

… in proposing direct extermination of Middle East terrorist zealots, Anderson adopts the infamous racist metaphor used by the Nazis — "tumors as Jews, Jews as tumors" in the body politic…. Anderson’s argument may be valuable historically as a sample of the thinking of the military authorities at Guantanamo Bay, but publication without editorial reservations appears to make The Intelligencer complicit with Anderson’s unsupported racism.

Dr. Anderson had a rejoinder to Arrigo’s criticism. He unrepentantly claimed "a robust scientific literature" that supposedly supports him, and dismissed Arrigo’s criticisms as "gratuitous name-calling," which failed to understand "the necessity, without delay, to focus on the danger at hand: to eliminate the cancer of terrorism."

Even more incredible was an accompanying editorial note from the Intelligencer editor, who reminded the AFIO audience that the journal is a forum for discussion, "as well as projections of future possibilities and theories." The editor assured the reader the journal will "remain open to a wide range of views," including "provocative views," and then adds:

What sounds politically incorrect today, might be the very thing that ensures our survival, tomorrow.

What is frightening about the Anderson article is that it so clearly represents a respected point of view within the intelligence services. It may not be the majority view, but it clearly has influence. Anderson himself was a featured commentator in the Joint Military Intelligence College 2005 publication, The Sources of Islamic Revolutionary Conduct. The JMIC is part of the Center for Strategic Intelligence Research, itself a component of the Defense Intelligence Agency.

As politicians and the punditry argue over whether or not there will be any accountability for torture or other war crimes committed by the Bush administration, the rot has spread much deeper, as evidenced by the AFIO article and its response. It will take a committed and determined cleansing of the Defense Department and the intelligence agencies to root out the evil that has insinuated itself there. It seems unlikely the current administration and political configuration is up to that immense task. But wishful thinking will not make racist ideologues like Anderson go away.

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