There is harassment through the legal system, with trial of Muslim charities in the name of fighting terrorism. The use of extra legal force is draining resources of the community on prolonged trials in which most of the evidence is "secret" and the defendants are unable to properly defend themselves. Trial of Holy Land Foundation for Relief and Development (HLF) is just one example.
A federal appeals court on December 7 upheld the convictions of the five leaders of the Holy Land Foundation on charges of funneling money and supplies to Hamas, designated a "terrorist" group following a 1995 executive order by President Bill Clinton. After a series of legal twists, secret evidence and questionable witness of Israeli intelligence agents, the Holy Land Foundation, once a leading American Muslim charitable organization and five of its former officials were convicted on November 24 2008 on criminal charges related to humanitarian aid given to Palestinians living under Israeli occupation.
On May 27, 2009, U.S. District Judge Jorge A. Solis sentenced the Holy Land Foundation and five of its leaders following their convictions by the federal jury. Co-founder, President and CEO Shukri Abu Baker received 65 years in prison. Co-founder, Chairman and former Executive Director Ghassan Elashi also got 65 years. Mohammed el-Mezain, former Chairman, Head of California Operation 15 years. Top fundraiser Mufid Abdulqader 20 years, and Abdulrahman Odeh, Director of HLF East (New Jersey) 15 years. The defendants are likely file an appeal and the case would eventually reach the Supreme Court.
All this is bringing the desired results - intimidation of the Muslim community, defaming their faith (which is linked to acts of terrorism) and straining its financial resources because million of dollars are paid by the community in legal defense expenses.
Erosion of civil liberties of all Americans in the name of security
Prof. Gary Orfield of the UCLA Civil Rights Project wrote in May 2003: "The loss of civil rights often begins with the reduction of rights in a time of crisis, for a minority that has become the scapegoat for a problem facing the nation. The situation can become particularly explosive in a time of national tragedy or war. But when civil rights for one group of Americans are threatened and the disappearance of those rights is accepted, it becomes a potential threat to many others."
Prof. Orfield wrote this while commenting on the plight of Arabs and Muslims who were the immediate target of Patriot Act provisions and other legislations in the aftermath of 9/11. However his prediction proved correct about the erosion of civil rights of all citizens. In the last ten years we have seen a steady erosion of the fundamental rights and civil liberties, all in the name of national security.
In the last ten years we have seen a steady erosion of the fundamental rights and civil liberties, all in the name of national security. The gradual erosion of our civil liberties came in the shape of Warrantless Wiretapping, abuse of the USA PATRIOT Act, the National Security Entry/Exit Registration System, the Real ID Act, the Military Commissions Act, No Fly and Selectee Lists and Abuse of Material Witness Statute.
Peacemaking and whistleblowing has been virtually criminalized. FBI agents encouraged to search your trash, public databases just to sniff around for crime. Obama administration wants to read your email and search your laptops. The FBI is now investigating domestic peace activists and under the cover of studying "violent radicalization," the already-fluid definition of "terrorism" is being broadened to encompass political activity and protest by dissident groups.
The core challenge during the Obama era to civil liberties is to rollback the repressive policies of the Bush regime, while fighting any further erosion of constitutional rights. Many Americans resisted the attacks on civil liberties during the Bush administration. Over 400 local governments and several states passed resolutions supporting the Bill of Rights and objecting to parts of the Patriot Act and other post-9/11 laws, executive orders, and policy changes. Some cities passed ordinances directing police to facilitate, not impede, peaceful demonstrations.
Ironically, the Obama administration has affirmed, continued and expanded almost all of the draconian domestic civil liberties intrusions pioneered under the Bush administration. There are serious assaults on the rights to freedom of speech, freedom of assembly, freedom of association, the right to privacy, the right to a fair trial, freedom of religion, and freedom of conscience.
In the latest assault on civil liberties, the Congress recently passed the National Defense Authorization Act (NDAA). The bill contains a dangerous provision that could be read to authorize the military to detain anyone in our country, including U.S. citizens, without charge or trial. The President's advisors are recommending him not veto this legislation despite earlier promises to do so.
Attacks on civil liberties are not minor infringements on the rights of a few extremists. Today they affect a vast cross-section of Americans. It will not be too much to say that the chilling effect of denials of our democratic freedoms curtails political debate within the U.S.
To borrow Paul Craig Roberts, an Assistant Secretary of the Treasury in the Reagan Administration, today Americans are unsafe, not because of terrorists and domestic extremists, but because they have lost their civil liberties and have no protection from unaccountable government power. One would think that how this came about would be worthy of public debate and congressional hearings.
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