[News] The FBI Is Using Unvetted, Right-Wing Blacklists to Question Activists About Their Support for Palestine
Anti-Imperialist News
news at freedomarchives.org
Mon Jun 25 10:41:41 EDT 2018
https://theintercept.com/2018/06/24/students-for-justice-in-palestine-fbi-sjp/
The FBI Is Using Unvetted, Right-Wing Blacklists to Question Activists
About Their Support for Palestine
Alex Kane - June 24, 2018
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In two of the interviews, including Aburas’s, the FBI referenced Canary
Mission, an anonymously run, right-wing website that compiles dossiers
on activists who organize for Palestinian human rights on U.S. college
campuses, claiming — without evidence — that the students have ties to
terrorism in an effort to make them unemployable.
Advocates for Palestinian human rights have in recent years triggered a
national conversation about the seemingly unconditional U.S. military
and financial support for the Israeli government. The work of these
advocates has drawn increasingly hostile tactics from far-right groups
who wish to silence them, and the FBI interviews underscore the power of
those groups — whose false claims are now apparently informing
government action.
Civil liberties advocates are alarmed by the interviews, which they say
intimidate political organizers, chill constitutionally protected
speech, and are just the latest manifestation of a 50-year history of
U.S. government scrutiny of pro-Palestine activists. That the FBI is
relying on information from the likes of Canary Mission creates even
more cause for concern, because it signals that federal law enforcement
is relying on unvetted blacklists designed to shut down criticism of
Israel and smear students voicing pro-Palestinian political opinions.
“This is where Islamophobic, ‘alt-right,’ Zionist harassers in the
private sphere intersect with government suppression — your worst
nightmare of the government and its law enforcement apparatus, which is
already in widespread violation of basic civil rights, responding to the
most racist elements of society demanding a crackdown on political
expression,” said Liz Jackson, a staff attorney at Palestine Legal, a
group that assists students interviewed by law enforcement about Palestine.
_When the FBI_ approached Aburas two years ago, they had concerns about
two of his Facebook posts that Canary Mission had shared on its Twitter
account. In the first, published during a punishing Israeli assault on
Gaza in 2014 that killed 500 Palestinian children, Aburas wrote: “We are
all RESISTANCE ! We are all #hamas ! We are all HUMAN !” (Aburas told
The Intercept in an interview that he is not a supporter of Hamas — the
armed Palestinian political faction that has waged attacks on Israel
because of its military occupation of Palestinian land — but rather,
wanted to show support for Palestinians in Gaza, who were labeled as
“Hamas members” in Israeli talking points to justify the killing of
civilians during the war.) In an October 2015 post, he wrote in support
of a Palestinian uprising against Israel. Those messages are First
Amendment-protected speech.
Emails obtained by The Intercept reveal that Canary Mission alerted
Seton Hall to Aburas’s words in June 2016. Patrick Linfante, associate
vice president for public safety at the law school, then immediately
alerted the FBI. (A Canary Mission spokesperson told The Intercept that,
while the group is not surprised that the FBI is looking into “cases of
vile anti-Semitism and other forms of bigotry,” it does not send tips to
the FBI.)
Asked why the law school contacted the FBI about the political opinions
of a student, Seton Hall University spokesperson Laurie Pine said that
the law school “respects the rights of its students to express their own
personal opinions, political or otherwise, in the classroom, in the
public square, or on social media.” However, she added, “because the
safety and well-being of our students are always our paramount concern,
the University has an obligation to report activity it views as a
potential threat and to cooperate with the authorities. Students have
the right to refuse to meet with the authorities should they so choose.”
Pine did not explain what “potential threat” Aburas posed to the school.
“I googled Aburas and found plenty of info regarding his open
support of Palestine, freedom for Palestine and his contempt for
Israel.”
In a June 13, 2016, email about Aburas to other school employees,
Linfante wrote: “See the attached tweet from Canary Mission to Seton
Hall advising that one of our Law School students openly identifies with
Hamas terrorists…Records indicate that he is currently registered this
summer and the coming fall semester at the [law school]. I am sure the
[law school] is aware or (they should be) of Mr. Aburas and his
political positions. I googled Aburas and found plenty of info regarding
his open support of Palestine, freedom for Palestine and his contempt
for Israel.”
Responding to that email, Lenihan, the security manager, wrote: “Pat
does not feel that this is an immediate cause for concern but we should
keep this student on our radar.”
The FBI and New Jersey police followed-up with Aburas on September 27,
four months after Seton Hall had alerted law enforcement about the
Facebook posts. Lenihan said in an email obtained by The Intercept that
Aburas’s postings were being re-examined by law enforcement because of
the September 2016 pressure-cooker bomb attack carried out in Manhattan
by a New Jersey man.
According to Aburas, the law enforcement officers who questioned him
were particularly concerned about what they saw as his support for Hamas
and his organizing with Students for Justice in Palestine.
“They were asking me questions about connections to terrorism,” said
Aburas. He said they asked him, “Do you know or sponsor any
organizations outside the U.S.?” He added, “They asked me if I would
stand with the United States.”
The law enforcement scrutiny came as no surprise to him.
As “a Muslim man living in America, coming from a Palestinian
background,” Aburas said, “I don’t want to say I got used to it, but I
did get used to it. It’s normal. We’re always going to be spied on.”
The other FBI interviews of organizers for Palestinian rights have
carried similar threads. A University of Chicago student, who asked not
to be named, was questioned in April 2018 based in part on Canary
Mission propaganda. In another instance in 2014, FBI agents wanted to
question Palestinian-American activist Huwaida Arraf because
StoptheISM.com, another right-wing website, claimed without evidence
that Arraf and the group she co-founded, the International Solidarity
Movement, support terrorism. (The ISM is a group of foreign volunteers
in the occupied Palestinian territories who support Palestinian action
against the Israeli occupation. Arraf was not home when FBI agents came
to her apartment in Albany, New York, but her lawyer later spoke with
the FBI on her behalf.) And in two of the interviews, the FBI brought up
Hamas.
FBI spokesperson Kelsey Pietranton did not directly answer questions
about the questioning of activists who organize around Palestine. In a
statement to The Intercept, she said that the agency “relies on the
American people to provide tips and information regarding criminal
activity and possible threats to our nation’s security,” and that these
“allegations are reviewed by the FBI for their merit, with consideration
of any applicable federal laws — which does not necessarily result in
the opening of an investigation. When warranted, we take all appropriate
actions, including seeking further information and conducting
interviews. Regardless, the FBI only investigates activity which may
constitute a federal crime or pose a threat to national security. Our
focus is not on membership in particular groups but on criminal
activity. The FBI cannot initiate an investigation based solely on an
individual’s exercise of their First Amendment rights.”
_If the FBI_ was concerned about criminal activity among the student
activists, its agents made no indication of that in the interviews. They
did, however, ask questions that echoed far-right propaganda about
unproven links between pro-Palestine activist groups and militant groups.
In the two interviews that touched on Hamas, FBI agents asked students
about how Students for Justice in Palestine fundraised. In February
2018, FBI agents questioned a student at the University of California,
Los Angeles, who requested anonymity. An agent asked if money from SJP
was “funneled” to organizations in the Middle East. (SJPs typically
fundraise through activities like bake sales and give that money back to
the organization to pay speakers and organize events.) The FBI agent
also asked if the student knew anyone who “aligned with Hamas.”
“It left me with a sense of loss of privacy.”
“I felt really scared about the entire experience. If anything, it left
me with a sense of loss of privacy. It was invasive,” the UCLA student
said. “It’s really scary to think that doing this work can result in a
visit from a federal agency when all you’re really doing is exercising
your right to free speech.”
The line of questioning that the FBI pursued in California echoes a
theory advanced by right-wing activists that SJP is linked to Hamas, a
U.S.-designated foreign terrorist organization, because of SJP’s ties to
American Muslims for Palestine.
The theory has its roots in post-9/11 law enforcement scrutiny of
Muslim-run charities that did humanitarian work in Palestine. These
investigations are usually prompted by the legal bar on “material
support” to terrorism — a broad law that prohibits not only giving cash
to foreign terrorist groups, but also speech that encourages militant
groups to engage in peaceful activism and the provision of humanitarian
aid in areas controlled by militant groups. Civil liberties activists
say the law chills free speech and political organizing and has ensnared
Muslim-Americans who never gave money for or carried out a violent act.
Most notably, in 2001, the Department of Justice shut down the Holy Land
Foundation, and in 2008 prosecuted and jailed its leaders. Federal
attorneys convinced a jury that the foundation, which gave money to
charities in Gaza, supported Hamas because the charities were allegedly
controlled by Hamas and Palestinians helped by one of the groups had
associated the aid with Hamas. However, those same relief organizations
received U.S. government support and prosecutors never alleged that the
Holy Land Foundation money went to militant attacks or were intended to
support terrorism. The specific charities in Gaza that the foundation
supported have never been placed on the U.S. government terrorist list.
But the closure of the foundation, once the largest Muslim-run charity
in the U.S., and the convictions on charges of support for Hamas have
cast a long shadow over Muslim political life in the U.S. Accusations of
support for terrorism now dog any Muslim organization with former ties
to the foundation.
Right-wing activists have seized on the fact that Muslims with former
ties to the Holy Land Foundation have fundraised for American Muslims
for Palestine and sit on its board, and that AMP has supported SJP
chapters in the U.S.
“SJP is an integral part of the Hamas terrorist network,” David
Horowitz, the prominent far-right activist who has relentlessly tried to
link SJP to terrorism, told The Intercept. The student group “is funded
by Hamas through American Muslims for Palestine,” he added. (Horowitz
said he has not been in contact with the FBI about SJP.)
But Osama Abuirshaid, AMP’s national policy director, dismissed
Horowitz’s claims as baseless. He also told The Intercept that while AMP
gives grants to different SJP chapters — about $10,000 a year — and
organizes trainings for SJP, AMP has no influence on the student group’s
internal affairs.
“It’s guilt by association,” said Abuirshaid. “They keep making like
it’s a conspiracy, and there’s this connection and this hidden agenda.
It’s all nonsense. There’s nothing. … They’re desperate and trying to
censor, instead of engage these students in a free debate.”
The FBI’s questions to activists are just the latest example of
unwarranted harassment and surveillance of Americans who believe in
Palestinian human rights, said Michael Deutsch, a Chicago-based lawyer
who has defended many Palestinians from criminal charges in the U.S.
“People are concerned about raising issues about Palestine in their
community because they’re afraid they’ll be targeted.”
“There is this continual cloud of potential repression of the
Palestinian-American community,” he said. “Anytime the FBI is visiting
people’s homes or their workplaces or placing informants in the mix of
people who were doing public organizing, it creates a chilling effect of
people. People are concerned about raising issues about Palestine in
their community because they’re afraid they’ll be targeted.”
Deutsch has seen this surveillance, which largely focuses on alleged
links between activists in the U.S. and Palestinian groups abroad,
escalate into indictments of activists and, in some cases, jail time or
deportation for those who are not U.S. citizens.
In 2010, for instance, the FBI raided the homes of 23 Midwest-based
activists and subpoenaed them to give testimony during an investigation
into any “material support” they gave to the Popular Front for the
Liberation of Palestine — allegations that stemmed from the testimony of
an undercover informant. No charges were ever filed against the activists.
But, according to Deutsch, the government probe into Palestine
solidarity activism eventually led federal agents to Rasmea Odeh, a
revered Chicago-based Palestinian activist charged with lying to
immigration authorities because she did not disclose her conviction in
an Israeli military court on terrorism charges. Odeh, who was deported
last year to Jordan, says her confession — to setting off a bomb in
Jerusalem in 1969 that killed two students — was tortured out of her by
Israeli soldiers.
There is no indication the current wave of FBI interviews is part of an
investigation that will lead to criminal charges. Still, civil liberties
advocates warn that the questioning poses a danger to free speech in the
United States.
“They knock people off their feet in their confidence and their ability
to just maintain their basic activism and their willingness to speak
publicly about Palestine,” said Jackson of Palestine Legal, which also
tracks instances of university suppression of pro-Palestine organizing.
“Most people will think right away about what they say on social media
and how many people they say it to. This means they stop speaking
vocally and passionately about Palestinian suffering.”
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