[News] Congress Considers How to Disrupt Radical Movements in the United States
Anti-Imperialist News
news at freedomarchives.org
Mon Nov 26 19:31:55 EST 2007
Bringing the War on Terrorism Home: Congress
Considers How to Disrupt Radical Movements in the United States
http://www.indypendent.org/2007/11/19/bringing-the-war-on-terrorism-home-congress-considers-who-to-%e2%80%98disrupt%e2%80%99-radical-movements-in-the-united-states/
From the
<http://www.indypendent.org/2007/11/19/bringing-the-war-on-terrorism-home-congress-considers-who-to-%e2%80%98disrupt%e2%80%99-radical-movements-in-the-united-states//?pagename=issue&issue=>November
26, 2007 issue
By Jessica Lee
Under the guise of a bill that calls for the
study of homegrown terrorism, Congress is
apparently trying to broaden the definition of
terrorism to encompass both First Amendment
political activity and traditional forms of
protest such as nonviolent civil disobedience,
according to civil liberties advocates, scholars and historians.
The proposed law, The Violent Radicalization and
Homegrown Terrorism Prevention Act of 2007 (H.R.
1955), was passed by the House of Representative
in a 404-6 vote Oct. 23. (The Senate is currently
considering a companion bill, S. 1959.) The act
would establish a National Commission on the
prevention of violent radicalization and
ideologically based violence and a
university-based Center for Excellence to
examine and report upon the facts and causes of
violent radicalization, homegrown terrorism and
ideologically based violence in the United
States in order to develop policy for prevention, disruption and mitigation.
Many observers fear that the proposed law will be
used against U.S.-based groups engaged in legal
but unpopular political activism, ranging from
political Islamists to animal-rights and
environmental campaigners to radical right-wing
organizations. There is concern, too, that the
bill will undermine academic integrity and is the
latest salvo in a decade-long government grab for
power at the expense of civil liberties.
David Price, a professor of anthropology at St.
Martins University who studies government
surveillance and harassment of dissident
scholars, says the bill is a shot over the bow
of environmental activists, animal-rights
activists, anti-globalization activists and
scholars who are working in the Middle East who
have views that go against the administration.
Price says some right-wing outfits such as gun
clubs are also threatened because [they] would
be looked at with suspicion under the bill.
The Bill of Rights Defense Committee (BORDC),
which has been organizing against post-Sept. 11
legislative attacks on First Amendment rights, is
critical of the bill. When you first look at
this bill, it might seem harmless because it is
about the development of a commission to do a
study, explained Hope Marston, a regional organizer with BORDC.
However, when you realize the focus of the study
is homegrown terrorism, it raises red flags,
Marston said. When you consider that the
government has wiretapped our phone calls and
emails, spied on religious and political groups
and has done extensive data mining of our daily
records, it is worrisome of what might be done
with the study. I am concerned that there appears
to be an inclination to study religious and
political groups to ultimately try to find
subversion. This would violate our First
Amendment rights to free speech and freedoms of religion and association.
One pressing concern is definitions contained in
the bill. For example, violent radicalization
is defined as the process of adopting or
promoting an extremist belief system for the
purpose of facilitating ideologically based
violence to advance political, religious, or social change.
Alejandro Queral, executive director of the
Northwest Constitutional Rights Center, asks,
What is an extremist belief system? Who defines
this? These are broad definitions that encompass
so much.
It is criminalizing thought and ideology.
For her part, Marston takes issue with the
definition of homegrown terrorism. It is about
the use, planned use, or threatened use, of
force or violence to intimidate or coerce the
government. This is often the language that refers to political activity.
Congressional sponsors of the bill claim it is limited in scope.
Though not a silver bullet, the legislation will
help the nation develop a better understanding of
the forces that lead to homegrown terrorism, and
the steps we can take to stop it, said Rep. Jane
Harman (D-Calif.) Oct. 23, who co-authored the
bill. Free speech, espousing even very radical
beliefs, is protected by our Constitution but violent behavior is not.
The bills purpose goes beyond academic inquiry,
however. In a press release dated Nov. 6, Harman
stated: the National Commission [will] propose
to both Congress and [Department of Homeland
Security Secretary Michael] Chertoff initiatives
to intercede before radicalized individuals turn
violent. (Harmans office refused three separate
requests by The Indypendent for comment.)
Some assert this would allow law enforcement
agencies to target radicals in general. Price
says, This bill is trying to bridge the gap
between those with radical dissenting views and
those who engage in violent acts. Its a form of prior restraint.
Price explains how this may work, citing an
example in his home town of Olympia, Wash., where
a peaceful blockade took place in early November
at the Port of Olympia to prevent the shipment of
war materials between the United States and Iraq.
He says, It will be these types of things that
will start getting defined as terrorism,
including Quakers and indigenous rights campaigns.
Kamau Franklin, an attorney with the Center for
Constitutional Rights (CCR), is also concerned at
the targeting of peaceful protests. He says the
Commissions broad mandate can lead to the
ability to turn civil disobedience, a form of
protest that is centuries old, into a terrorist
act. Its possible, he says, that someone who
would have been charged with disorderly conduct
or obstruction of governmental administration may
soon be charged with a federal terrorist statute.
My biggest fear is that they [the commission]
will call for some new criminal penalties and
federal crimes, says Franklin. Activists are
nervous about how the broad definitions could be
used for criminalizing civil disobedience and
squashing the momentum of the left.
The bill provides a list of Congressional
findings, including a failure to understand the
development and promotion of violent
radicalization, homegrown terrorism and
ideologically based violence, which is argued to
pose a threat to domestic security. The Internet
was highlighted as a tool in providing access to
broad and constant streams of terrorist-related
propaganda to United States citizens.
The Congressional Budget Office estimates that
the bill would cost $22 million over four years.
THE THREAT (OR LACK THEREOF)
Although the legislation is vague, a chief target
appears to be Islamic militants living in the
United States. Harman, in her Nov. 6 press
release, says the bill is needed to combat
violent radicalization and cites four cases as
examples of such all of them involving Muslim
Americans allegedly engaged in terrorist
activity. The bills language also states that
proposed appointees to the National Commission
should have expertise and experience in a long
list of disciplines such as world religions.
But the only religion named is Islam.
The bill appears to be influenced by the
government-affiliated RAND Corporation, whose
website includes a letter from Harman noting,
RAND
and I have worked closely for many
years. Harman, who chairs the House Subcommittee
on Intelligence, Information Sharing and
Terrorism Risk Assessment, introduced H.R. 1955 on April 19, 2007.
Two weeks prior to this, Brian Michael Jenkins of
RAND delivered testimony on Jihadist
Radicalization and Recruitment to Harmans
subcommittee. Jenkins claimed radicalization and
recruiting are taking place in the United
States, and listed a number of high-profile
cases in which Muslim Americans have been
arrested on terrorism-related charges.
In his testimony, Jenkins admitted convictions in
these cases in Lackawanna, N.Y., Northern
Virginia, New York City, Portland, Ore., and
elsewhere relied on charges being interpreted broadly by the courts.
There has been significant criticism of how
government officials have hyped many of these
cases as mass terror attacks thwarted in the nick
of time despite a lack of any actual plans or
means to commit a violent act on the part of the
defendants. Its also been noted that in numerous
instances the government employed informants who
goaded the suspects into committing the illegal
acts for which they were arrested.
In June, Jenkins was back before Harmans
subcommittee discussing the role of the National
Commission. According to the Congressional
Quarterly website, Jenkins said, [Homegrown
terrorism] is the principal threat that we face
as a country and it will likely be the principal
threat that we face for decades. The website
stated, Unless a way of intervening in the
radicalization process can be found, we are
condemned to stepping on cockroaches one at a time, he added.
At the end of his second round of testimony,
Jenkins undercut the claims that there is any
real danger requiring the creation of the
National Commission and Center for Excellence. He
said, Judging by the terrorist conspiracies
uncovered since 9/11, violent radicalization has
yielded very few recruits. Indeed, the level of
terrorist activities in the United States was
much higher in the 1970s that it is today.
(Repeated inquiries by The Indypendent to the
RAND Corporation to interview Jenkins or other
staff analysts were turned down by the media
relations department, which claimed they were all
unavailable for the rest of the year.)
This has the Arab-American community worried.
When you look at the creation of the Commission,
it is scary, especially when people [on the
national commission] will be appointed by the
White House, said Kareem Shora, executive
director of the American-Arab Anti-Discrimination
Committee (ADC). He pointed to the recess
appointment, despite widespread criticism, of
Daniel Pipes to the U.S. Institute of Peace in
2003, who, Shora said, propagated hate against Arabs.
Shora is worried H.R. 1955 will unfairly target
Muslims, even though he says they have been
largely helpful in terrorist investigations since
Sept. 11. Despite the assistance, he says civil
rights abuses continue to occur, including
voluntary interviews, the Absconder
Apprehension Initiative and the Special Registration Program.
MAPPING MUSLIMS
The passage of the H.R. 1955 coincided with a
furor over the Los Angeles Police Departments
plan to map Muslim communities in the city.
Appearing before the U.S. Senate Committee on
Homeland Security on Oct. 30, Michael Downing,
the assistant commanding officer of LAPDs
Counter-terrorism/Criminal Intelligence Bureau,
said the project will lay out the geographic
locations of the many different Muslim population
groups around Los Angeles [and] take a deeper
look at their history, demographics, language,
culture, ethnic breakdown, socio-economic status and social interactions.
Shora says, Looking at a community based on
religious affiliation alone
is
unconstitutional. The ADC added in a press
release that singling out individuals for
investigation, surveillance, and data collection
based solely on religion
would violate equal
protection and burden the free exercise of religion.
Following the outcry, the LAPD announced Nov. 15
that it was dropping the mapping plan. Opposition
came from many quarters, including scholars,
because the LAPD envisioned using academics in
the mapping program. It reportedly intended to
have the data assembled by the University of
Southern Californias Center for Risk and
Economic Analysis. Recruiting academics for
counterterrorism efforts is also at the heart of
H.R. 1955, which proposes a university-based Center of Excellence.
Roberto Gonzalez, an anthropologist who
co-authored a recent article with David Price
criticizing the Pentagons use of scholars in the
Iraq and Afghanistan wars, says the prospect of
creating a Center is a bad idea because it is
likely to compromise the intellectual integrity
of the academy. H.R. 1955 advocates for the use
of cultural anthropologists, which concerns
Price that they would be doing secretive work for the state.
Chip Berlet, senior analyst at the Boston-based
Political Research Associates, argues the
government is trying to establish a Center to get
around legal prohibitions on gathering data
specifically based on race and religion. He
explains that there is already extensive research
being done on the roots of political violence by
scores of academics around the country but many
of their findings do not fit into the
governments agenda. To Berlet, the proposed
Center is nothing more than a slush fund for politically connected hacks.
TARGET ANTI-GLOBALISTS
Islamic militants are not the only threat on the governments radar.
A chief problem is radical forms of Islam, but
were not only studying radical Islam, Harman
told In These Times, a Chicago-based
newsmagazine. Were studying the phenomenon of
people with radical beliefs who turn into people who would use violence.
In 2004, the FBI named eco-terrorism, a broad
term that includes property destruction, the top
domestic threat. The July 2007 National
Intelligence Estimate found that special
interest groups were also likely to cause small-scale violent attacks.
These special interest groups were outlined in
a 2005 RAND report, Trends in Terrorism. One
chapter was devoted to a non-Muslim homegrown
terrorist threat anti-globalists.
Anti-globalists directly challenge the intrinsic
qualities of capitalism, charging that in the
insatiable quest for growth and profit, the
philosophy is serving to destroy the worlds
ecology, indigenous cultures and individual
welfare, stated the report. The report
identifies rightwing movements such as neo-Nazis
as threats and states there should be a focus on
anarchist and radical environmental groups,
citing anarchists involved in civil disobedience
during the 2004 National Republican Contention in
New York City and millions of dollars in property
damage by the Earth Liberation Front in the last decade.
A WAR OF WORDS A LOOK AT VIOLENCE
Observers say using vaguely defined terms is part
of a historical pattern of sweeping government
repression that includes the post- World War II
Red Scare and the FBIs counter-intellegence
program, nicknamed Cointelpro. They are also
concerned that H.R. 1955 will foster a
legislative momentum on criminalizing a broad range of dissident voices.
Jules Boykoff, an assistant professor of politics
and government at Pacific University and author
of Beyond Bullets: The Suppression of Dissent in
the United States, said he was alarmed that
violence was not defined. He noted the
definition of ideologically based violence is
the means to use, planned use, or threatened use
of force or violence by a group or individual to
promote the group or individuals political, religious, or social beliefs.
It is a circular definition, what does that
mean? asked Boykoff, while reading the bill
aloud. What does violence mean? We do not need
laws like this because we already have plenty of
laws on the books that make it a crime to blow up
or set fire to buildings. It is called arson.
Boykoff commented that the bill used the terms
extremism and radicalism interchangeably.
The word radical shares the etymological root
to the word radish, which means to get to the
root of the problem. So, if the government wants
to get at the actual root of terrorism, then
lets really talk about it. We need to talk about
the economic roots, the vast inequalities in
wealth between the rich and poor. Boykoff says
historically the government has used radical as
a way of dismissing groups as extremists,
however, and uses the two words as synonyms.
Hope Marston of the BORDC is nervous about the
definition of homegrown terrorism, which is
about the use, planned use, or threatened use,
of force or violence to intimidate or coerce the
government. She says, The definition does not make clear what force is.
Bron Taylor, a professor at University of Florida
who studies radical religion and environmental
movements, questioned the governments
interpretation of violence. He spent years as an
ethnographic researcher exploring the propensity
of individuals within the radical environmental
movement to turn to violence, a word he says
defines as harm to sentient beings, not property destruction.
There are all sorts of things that activists do
that involve little or no risk of hurting people,
but their actions get labeled as violent, or even
worse, as acts of terrorism, Taylor said. For
example, if 10 activists push themselves into a
congresspersons regional office, make noise,
pull out files and make a scene, is that an act
of terrorism? It is quite possible that the act
could scare the hell out of the secretary and
office workers because they dont know these
people or what they intend to do? But is that
terrorism? Some people would like to frame it that way.
In any political dispute, whoever succeeds in
defining the terms is likely to prevail in the
debate, Taylor said. That is why scholars and
the media need to be scrupulous in the ways they
use and define terms deployed by the partisans in
these disputes. They should strive to come up
with terms that are as descriptive, accurate and as neutral as possible.
THE ROLE OF THE COMMISSION
The legislation authorizes a 10-member National
Commission (the Senate bill calls for 12 members)
appointed by the President, the secretary of
homeland security, congressional leaders and the
chairpersons of both the Senate and House
committees on Homeland Security and Governmental Affairs.
After convening, the Commission is to submit
reports at six-month intervals for 18 months to
the President and Congress, stating its findings,
conclusions, and legislative recommendations for
immediate and long-term countermeasures
to
prevent violent radicalization, homegrown
terrorism and ideologically based violence.
Kamau Franklin of CCR says he finds the timing of
the legislation disturbing coming a year before
the presidential elections and about eight months
prior to the Democratic and Republication
National Conventions both which of have
increasingly been the site of large-scale protests and civil disobedience.
More disturbing are the similarities to
Cointelpro, which was investigated by a U.S.
Senate select committee on intelligence
activities (commonly known as the Church
Committee), which convened in 1975. The Church
Committee found that from 1956 to 1971, the
Bureau conducted a sophisticated vigilante
operation aimed squarely at preventing the
exercise of First Amendment rights of speech and
association, on the theory that preventing the
growth of dangerous groups and the propagation of
dangerous ideas would protect the national security and deter violence.
Hope Marston says, In the 1970s when we learned
of the violation in rights that the government
had been doing for 40 years, there was public
outrage. Because these erosions of the Bill of
Rights have happened during the war on terror,
we arent supposed to protest anything the
government does because they are protecting us.
That feeling has made the governments actions more dangerous.
MONEY FOR COPS, REPRESSION FOR FREE
The Senate version of the bill finds that the
domestic threats cannot be easily prevented
through traditional Federal intelligence or law
enforcement efforts, and requires the
incorporation of State and local solutions.
Thats about joint terrorism task force making,
Franklin said. Its a way to create a federal
slush fund so local police departments can get
their hands on it. This happened in the 1960s.
Marston agreed. This sounds like part of the
same continuum weve experienced in the last
seven years, which is the effort to deputize
local law enforcement to work with the FBI and
national agencies without local accountability,
as we have seen with the establishment of
joint-terrorism task forces across the country,
Marston said. On 9/11, there were only a few
joint-terrorism task forces, now there are more
than 100 in existence.
When you talk about
working with local law enforcement to possibly
spy on groups and individuals to try to find the
so-called needle in the haystack, this
definitely poses a threat to local autonomy.
Although Cointelpro was partially dismantled in
the 1970s and the FBIs power to conduct domestic
intelligence curbed, many safeguards have been
overturned in the last 30 years, according to
David Cole and Jim Dempsey, authors of Terrorism
and the Constitution: Sacrificing Civil Liberties
in the Name of National Security. Legislation
such as the Antiterrorism and Effective Death
Penalty Act of 1996 and the 2001 USA Patriot Act
radically transformed the landscape of
government power, and did so in ways that
virtually guarantee repetition of some of law
enforcements worst abuses of the past, the authors wrote.
In the last few years, many states have passed
versions of the Patriot Act, while Congress has
placed further checks on civil liberties with the
Patriot Improvement and Reauthorization Act
(2006), the Animal Enterprise Terrorism Act
(2006) and the Protect America Now Act (2007),
which amended the Foreign Intelligence
Surveillance Act of 1978 and legalized the Bush
administrations warrantless wiretapping program.
THE BOGUS CENTER OF EXCELLENCE
H.R. 1955 gives Department of Homeland Security
Secretary Michael Chertoff the power to establish
a Center of Excellence, a university-based
research program to bring together leading
experts and researchers to conduct
multidisciplinary research and education for
homeland security solutions. The Department
currently has eight Centers at academic
institutions across the country, strengthening
what many see as a growing military-security-academic complex.
Rep. Harman, in an Oct. 23 press release, stated
that, the Center would examine the social,
criminal, political, psychological and economic roots of domestic terrorism.
I do not have a lot of concerns with this
legislation, said Jim Dempsey, policy director
at the Center for Democracy and Technology.
Violent radicalization is an issue that deserves
to be studied and understood. I am more
comfortable with this bills approach, which is
to treat the issue as a matter for broad study
using largely open sources, than I would be with
an approach that directed the FBI, DHS or the CIA
to examine the issue, Dempsey said. Dempsey was
the assistant counsel to the House Judiciary
Subcommittee on Civil and Constitutional Rights
from 1985-1994, the former Deputy Director for
the Center for National Security Studies and
co-authored with David Cole, Terrorism and the Constitution.
I do have some concern that the Commission and
the Center will focus on Muslims and will
contribute to a climate of apprehension, Dempsey
continued. But I still think the bill is
probably a good idea, if its concepts are in a true spirit of inquiry.
Taylor agrees, but is leery that Washington
politicians will hold power over commission and
Center. As an academic, I like the idea of
creating Centers of Excellence in general because
they bring together excellent scholars, Taylor
said. But this is not something that the
government should have a great deal of control
over, because it is so ideologically charged.
Weve had plenty of examples of administrations,
this one in particular, that likes to manipulate
and downplay scientific findings that run at
variance with their ideological and political objectives.
The bill itself, no matter how well drafted,
does not guarantee a balanced outcome, noted
Dempsey. To ensure balance, human rights
activists will have to get involved in the work
of the Commission and the Center.
If they really want to know why we have
terrorism, they are going to need to explore
counter-narratives, explained Boykoff. When the
Sept. 11 attacks occurred, one narrative to
explain the situation was that there is an
external enemy out there who hates America.
Other narratives, such as that perhaps U.S.
foreign policy might be fueling acrimonious
feelings towards the U.S., were not considered. I
am skeptical that the Center for Excellence would
be open to these other narratives, but rather
would be regurgitating the standard narrative.
It is unclear how researchers would gather the information.
If you are trying to understand in the broadest
sense what turns people to violence in a variety
of political causes, it is not something you can
do easily, and it must be studied in a serious
way, said Taylor, who has began studying the
radical environmental movement since 1989. It is
exceptionally hard to study these groups. They
tend to be suspicious of new comers and
outsiders, rightfully so. They arent fond of
academic institutions or academics because they
tend to view most of what goes on at institutions
of higher education as being subservient to
interests of global capital, he said.
With his research experience, Taylor believes
that it is absurd to think the Commission could
produce a significant report in 18 months.
To find out what makes people tick, you actually
have to engage with them as a human being, and
that is a long process that takes patience and trust building.
Anthropologist Price is also worried. My concern
is that anthropologists would again be doing
secretive work for the state. This bill is going
to be interpreted so narrowly. It is calling for
an ideological litmus test, Price said. The
military believes there are ways to get around
this questions legally, but ethically, it is a
big deal. There are ethical codes of conduct in
anthropology, sociology, psychology, in the
social sciences in general, that they very basic precautions are taken.
A LONG HISTORY OF DISSENT
For U.S. historian Howard Zinn, author of A
Peoples History of the United States, H.R. 1955
can be added to a long list of government
policies that have been passed to target dissent in the United States.
This is the most recent of a long series of laws
passed in times of foreign policy tensions,
starting with the Alien and Sedition Acts of
1798, which sent people to jail for criticizing
the Adams administration, Zinn said in an email
to The Indypendent. During World War I, the
Espionage Act and Sedition Act sent close to a
thousand people to jail for speaking out against
the war. On the eve of World War II, the Smith
Act was passed, harmless enough title, but it
enabled the jailing of radicals first
Trotskyists during the war and Communist party
leaders after the war, for organizing literature,
etc., interpreted as conspiring to overthrow the
government by force and violence.
In all cases, the environment was one in which
the government was involved in a war or Cold War
or near-war situation and wanted to suppress
criticism of its policies, Zinn said.
Regardless, Zinn remains optimistic. We should
keep in mind that an act of repression by the
state is a recognition of the potential of social
movements and therefore we need to persist,
through the repression, in order to bring about
social change, Zinn said. We can learn to
expect the repression, and not to be intimidated.
Hope Marston remains hopeful. The work we have
been doing at BORDC is mobilizing people in the
grassroots across the political spectrum, she
said. It is not just a Leftist effort to protect
the Bill of Rights. We have worked with
libertarians and republicans. We have helped get
412 resolution passed on the state and local
level against the erosion of the Bill of rights.
Editors Note:
Shortly after this article went to press, the Los
Angeles Police Department announced they scrapped
their plan to map the muslim community after
meeting behind closed doors with leaders in the Arab-American communities.
A.K. Gupta contributed research and interviews.
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/news_freedomarchives.org/attachments/20071126/3e385689/attachment.htm>
More information about the News
mailing list