Protecting Our Civil Rights — The New Fight Against ISIS and Terrorism

Terror attacks are increasing in intensity and frequency, and it has become obvious that we must increase the invasiveness of our techniques in combating those elements. That, in turn, raises the issues of protecting our civil rights, which might be encroached upon in the process of counterterrorism activity. How we interdict violent terroristic attacks here and abroad and how we simultaneously protect our civil rights is not an easy task, but neither is it impossible. To understand the necessity of revisiting the methods of interdiction and its effects, it becomes important that we have some background in understanding the present nature of terrorism as it has evolved in recent times and as we shortly move into 2018. At the outset in our discussion we must ignore any slippery slope analysis. It does not enhance the depth of the discussion nor advance any meaningful analysis.

We should begin in June 2014. The ISIS leader, Abu Bakr al-Baghdadi declared the establishment of the Islamic Caliphate by the Islamic State in Syria and Iraq. By that summer, the Islamic State’s territory covered about a third of Iraq and between a quarter and a third of Syria. It has been estimated that ISIS had become the richest terrorist organization in the world. In response to ISIS’s overwhelming territorial capture, and within months, an American-led international coalition was fashioned to attack ISIS. Not surprising, one year later (September 2015), Russia began its military intervention in Syria, initially to prevent the collapse of the Syrian regime and later to support the regime in fighting not only ISIS but other rebel organizations, referred to as “terrorist organizations”. To expand its sphere of influence, Russia has entered into an agreement for air support rights with Egypt.

The ISIS crises came to an head in early 2015, with the commencement of an intense and non-stop military campaign for the next two and half years, up to the time of writing this Commentary ( early December, 2017). It can be said, on the ground the Islamic State no longer exits. Lost are most of its captured territory including the historic cities of Mosul and Raqqa including those areas along the Euphrates River in both Iraq and Syria. It would, however, be a terrible mistake to say we have defeated ISIS and all is well. It is not.

We have recaptured land seized by ISIS, but ISIS, as a terrorist organization (along with its immense wealth), has not been defeated. It remains a real, continuing and enormous danger to our wellbeing. ISIS motivated and inspired attacks here, at home and abroad, will continue, and if history is any judge, they will escalate in intensity and scope with the demise of its territorial loss, and as thousands of their fighters who already have returned will return to their homes with their hatred intact. In addition, there is no longer the question some of those fighters will join or rejoin with some faction of a-Qaeda from which they had initially belonged. As reported, it has already shown its ability to easily function in far-flung places, while openly conscripting new and trained fighters in areas marked by political, social neglect or oppression.

As I have written in the past, our civil rights, protected both at home and abroad, is the cornerstone of our democracy and individual well-being. They must be protected but cannot be used to lesson our ability to defend ourselves and thus be an avenue thru which we are attacked. It is equally essential we not hamper our ability to anticipate and defend against the enemy. ISIS. Not Islam. Not those “dudes”. Not those who create fake shadow targets thru the internet.

There is a subtle but elusive bond and trust between our national government and the population. It is that bond and the trust that has been created that protects our democracy. We must have faith in our government. And in return our government must be “of the people and for the people.” Any concept of a “big brother” government must be rejected; an idea that we merely cede our rights in return for protection must be rejected. Without ceding self to an authority, we at the same moment, must have in place a robust form of law enforcement that protects that fragile structure against internal and external threats. At this juncture it is essential that we have an enhanced counterterrorism mechanism in place, but as I will discuss below, with a respected independent national oversight authority as a counterbalance. Not the Attorney General appointed by a President, not individual state legislatures, not ad hoc civilian groups created for particular contentious events. We must create a congressionally constructed legal body, independent of any presidential control that is funded and answers only to a joint bipartisan congressional committee, with neither political party having a deciding vote.

We have moved far from the time when we made hard distinctions between domestic and international forms of terrorism. The line between legitimate forms of dissent and terrorism is not as ambiguous as in the past. We have come to a time when it is essential that we employ enhanced law enforcement tools to increase our ability to interdict a terrorist before (s)he attacks. Not after the attack. Concurringly, during any ongoing investigation, it is essential that there be in place a process for the civil rights protection for the target. We are long past the time of Hoover’s FBI.

As noted above, with the creation of an independent body of trained lawyers and investigators who will have the appropriate “standing” (notwithstanding not having been retained by the target of any investigation) to appear before a federal court on behalf of these person, and to maintain the necessary secrets of any enquiry will any hearing will take place in camera. The effect is that those persons or entities under scrutiny will then have legal representation without being notified of any ongoing probe. The aim of this approach is that with the risk of terrorist attacks increasing,(yesterday at Times Square in New York City) we require our national defense, to be more robust and intrusive in our terrorist investigation, and that might further encroach upon civil rights. In order to minimize that intrusion and to be as certain as possible that whatever invasive procedure is permitted by court order, there must be evidence that underscores the seriousness of the potential threat and necessitates the need for the enhanced counterterrorism techniques requested. For that we need something more than the Government’s mere unilateral claim and procedural request to a court.

What becomes vital in our democracy is an independent analysis and review of the government’s request. This is accomplished by the creation of an autonomous group of attorneys who would appear before the appropriate court and act on behalf of the targets without the target’s knowledge. A safeguard is thereby created to protect against the government’s potential overreaching and violating the targets civil rights but also to provide the government with the appropriate, more intrusive tools to counteract a potential attack.

Aside from the lone copycat who more often than not flies-under-the-radar, terrorism on a larger scale is becoming more sophisticated and complicated in method and structure. It is essential that we refine and improve our methods of investigation or we will lose in that battle.

Richard Allan,
The Editor

Eurabia Revisited: Muslim Surge – Multi-Ethnic vs. Multicultural Society

In 2005, Tony Blankley, a conservative editor at the Washington Times, not the Washington Post, wrote a slim book that caused people to yell: Foul! Discriminatory! Inflammatory! I do not remember if he was a participant on the Sunday morning Mclaughlin Report at the time but I do remember his slight English accent and gracious manner. His political position was very much cutting edge on the far right side of the political spectrum. His book was described as “shocking”. He argued that it was the West’s last chance at survival because the European continent was to become Eurabia.   He argued that the European continent would be overwhelmed by militant Islam, which would pose a greater threat to the United States than Nazi Germany. This, he argued, was the West’s last chance at survival. This was in 2005.

That was eleven years ago. We had lived thru the September 11 2001 attacks –a series of four coordinate attacks by an Islamic terrorist group that killed 2,996 people, injured over 6,000 and caused billions in property damage. Five years prior to the Blankley book, a book published in the Netherlands had claimed that multiculturalism had failed in that country. That author was viciously attacked, called a racist and bigot. It was against this background and with the then surge of Muslims into Europe, that Mr. Blankley envisioned a continent where Muslims outnumber non-Muslims.

What has happened in Europe? This is 2016, and we will take count in 5 days of the 9/11 attack. Is there a Eurabia? Have the Muslims assumed the mantel of ownership in Europe? Clearly the answer is “no” but with a very large warning asterisk. When one meshes a fine article by Abigail Esman for the IPT News and the work of Conrad Hackett, a demographer focusing on religion at Pew Research Center, we see the formation of a very disturbing trend on the European Continent and England. I had a colleague who was fond of saying: Yes, I have a phobia, but that doesn’t mean someone is not trying to kill me.

Phobia based reasoning, people claim, is not a rational method for discourse, but there is a factual trend unfolding before us that is more than disturbing for the present and the future. Let me explain.

In Britain, Poles constitute the largest number of foreign-born residents, and the Brexit referendum to leave the European Union has unleashed a wave of violent xenophobia. But it is the Muslim population in Western Europe and Great Britain that has caused the greatest amount of fear.

In France, Belgium, Germany, the UK and Netherlands there is mounting concern because of the ever increasing Muslim population. Germany and France have the greatest number of Muslims. In approximate numbers, Germany has 4.8 million Muslims or about 5.8 percent of its population. Germany has roughly the same number but constituting 7.5 percent of its population. The UK has 3 million Muslims or 4.8 percent of its population. Last, the Netherlands has only 1 million Muslims but 6 percent of its population.

When viewed as a whole, Europe’s total Muslim population has been increasing steadily and consistently from 4 percent in 1990 to 6% in 2010, and should reach well above 8 percent, because of the extreme violence now in play in the mid-East and the rush of immigration fleeing to Europe. In 2015 alone the number of refugees escaping to Europe pushed to an astounding 1.3 Million people. While in the small and progressive nation, Denmark, the more than 36,000 mostly Muslim asylums seekers who had arrived in the last year has created a backlash. Bo Lidegaard, a prominent Danish historian, as reported in the New York Times, voiced the issue most profoundly:” we are a multi-ethnic society. We are not and should never become a multicultural society.”

These numbers are a haze to digest. But important as they are, they create a troubling picture for the future. The Muslims who have endured extreme hardship and arrive in Europe are younger than all other people in Europe, and thus it is expected they will reproduce at a greater rate than their older European neighbors. In 2011, it was predicted that the world Muslim population will grow twice as fast as non-Muslim s over the next 20 years. They have the highest fertility rate well above replacement levels and, thus, become the fastest growing religion worldwide.

Within the last 15 months I have felt the increased tension while visiting in the UK and France. Taxi drivers, without request, are indicating which streets and cafés were bombed; there is a palpable tension and one feels the quiet sense of possible danger. Since my visit in January of 2015 to London, with a cancelled trip to France because of the bombings, over 275 have been killed at the hands of Islamic terrorists. The youth are racializing and communities across Europe are in the midst of heated discussion regarding the strict control of immigration, reviewing counterterrorism strategies, increased surveillance and tighter control of currency exchange that have provided clandestine help to the potential terrorist.

I have written previously of much needed programs to coordinate intelligence gathering and data within EU partners. And that has come to fruition. Most important, beside the regularly scheduled meetings of the EU partners which I have called for is the present sharing of databases pinpointing not just groups but individuals whose potential for terrorism is demonstrable.

With the intensity of the data and intelligence sharing process we are faced with the concerns for individual privacy and the ability to have sufficient resources to conduct the most crucial aspects of counterterrorism intrusion. There is also the necessity to appreciate the macro picture –considering the effect on the general well-being of the European population with the arrival of thousands of fleeing refugees. “What now that that Europe is close to its limit on accepting refugees,” EU President Donald Tusk (the former president of Poland) said on Sunday, 4 September, as he urged the international community to do more to step up resettlement of those seeking refuge.

Taking the problem one set further, a major consideration in Ms. Esman’s article is how to combat/prevent radicalizing of the non-terrorist persons within the prison populations by the terrorist in the next cell. Equally important in the total fight against terrorism is the aggressive surveillance of those places that advertise themselves as cultural or religious centers but serve yet another purpose. Too many years ago, Steve Emerson of IPT came to my home and showed Yigal Carmon (who was then the advisor to the PM of Israel and now the founder and president of MEMRI) and me the first cut of a documentary he produced that was to be shown on PBS-Television: “A Jihad in America”. You were taken—with the use of hidden cameras– into mosques across America that were openly utilized as recruiting and training grounds for future terrorists. I remember clearly when the video print came to an end, I sat silent and stunned. I could only mutter: Please play it again. I watched it three times before I was able to discuss its content. Today, I would not be shocked.

Looking at Europe from afar, from the safety of my home, what I see is in some quarters is a culture that evokes hate and fear. There is so much more fear in Europe and the UK than in the United States. And the reason is obvious. 9/11 has become a memory to most of us in this Country—almost a symbol with little or no personal pain; the terrorist attacks in Europe are in the present, unrelenting, personal and with no understanding why the locations or the persons chosen to be attacked are determined—other than, in some instances, mere convenience. There is no place to hide. And so the rapid influx into Europe, first gradual and now in torrents, of Muslims bringing their traditions, culture and religion create a sense of being overwhelmed.

There is no Eurabia today and maybe not tomorrow, but there will be a massive change in the complexity of Europe’s character in our lifetime as the flow of large numbers of people rush from the Mid- East to Europe. Some to merely escape violence and they will be content to find peace anywhere. There will be some who will seek to impose their lifestyle on their host nation—and there will be conflict; there will be some who come not to escape violence but to vent through violence their religious hatred toward their host.

It is unfortunate, but the terrorists will, in the short run, outpace their pursuers. It is unfortunate, in the macro world, that the process thru which these refugees must be processed and their acceptance into our community will require enhanced surveillance. This will require the surrender of some of those civil rights we cherish until we find a method that truly balances those rights with providing for our individual safety. Pragmatically that is possible. There is always a price – a price for living in an open multi-cultural society.

Blankley was right. This is the West’s last chance to maintain its heritage—but only if we do deal humanely with those who flee from violence. In the process of recognition we must accept the concepts of religious freedom and deal simultaneously and pragmatically with terrorism –in one integrated bundle. One must understand that these are not separate issues; each forms an important part of the mosaic that will keep the continent European and embracing. France cannot be only for the French and Muslims cannot superimpose their will on the French –their culture or heritage. The EU must be in lock-step, united in one common goal. We, in the United States, learned that lesson when 13 very independent states formed one union, no physical barriers, accepting of diverse religions, no competing tariffs, and one nation-wide set of legal principals — all embedded in what became our Constitution.

Richard Allan,
The Editor

The Fate of Luca

On a day that we have been introduced to Luca—you don’t know Luca? The New York Times tells us that we have been provided with a “surprising specific genetic portrait of the ancestor of all living things…” Its name is Luca. Luca, the living thing that started the ball rolling until we stand tall on two hind legs throwing bombs at each other. That news stopped me dead in my tracts. Not that I am in any fashion a science buff, but that fact –Luca–examined by itself –is startling when juxtaposed to the chaos surrounding us at all levels today.

We are now learning how we started out on this planet-earth at the same moment we are in the process of self-destroying our very being. It is not some massive volcano whose fumes are blocking the sun; nor is it an alien planet that will slam into us and take us back to the time of the extinction of the dinosaurs.

Nineteen are killed and twenty-nine are injured by a man wielding a knife, not at some military installation, but a facility for the disabled In a Tokyo suburb. Long from the center of Paris, a terrorist attacks a village catholic church, takes hostages and kills a priest. And half-way round the world the President of Turkey is moving further and faster in destroying the democratic fiber of his country in the name of restoring order. If that Country were not vital in the multiple wars in Syria and against ISIS, I doubt if we would tolerate his moving the clock back in a part of the world that should be moving forward. This democratically elected president has begun a witch-hunt, a systematic campaign of violence against those who hold a different view from his own. Not only has he arrested thousands accused of having a connection, however tenuous, to the conspiracy to overthrow his non-democratic regime, but he has fired tens of thousands of teachers, bankers police officers, soldiers and others. Now his vile conduct is directed against journalists for possible criminal conduct allegations. That could only mean: to curtail their writing the truth.

Turkey, under his autocratic leadership has moved to crack down on the freedom of expression, and to do that one announces a state of emergency for however long one wants to reign in the usual civil rights of citizens. When one announces a state of emergency one provides an unbound hand to a handpicked government to create whatever legislation its autocratic leader demands. There is no oversight and there is no democracy. This is Turkey today. And more than likely this is Turkey for tomorrow because of its linchpin status in the Mid-East.

Less than ten days ago a young man stormed through a train outside of Wurzburg, Germany. Crying “Allahu Akbar,” (God is greatest) he brandished an axe high into the air, then slashed at the men and women seated around him. Within minutes, the car,” looked like a slaughterhouse.” Then he fled. In a 2007 report from the Council on Foreign Relations it was noted that “security professionals see trains as some of the likeliest targets.”

And to close the circle, the Palestinian Authority President, Mahmoud Abbas has issued a formal request asking his neighboring Arab states to help in the preparation of a lawsuit against the UK over the 1917 Balfour Declaration, which established Britain’s support for a “national home for the Jewish people”. His goal is simple and direct: to delegitimize the State of Israel.

To discuss the possible success of such a move is wasted energy, but it does underscore the hypocrisy of Abbas and those around him who speak for “freedom” and the brutality of those he so violently opposes. His call for the callous attacks on civilians or those teens sleeping in their beds at night is beyond imagination. Beyond imagination because silently, unheard, he wishes the people and, in particular, the health workers of Israel good health and good hunting in their war against cancer. In recent years and until this past week, Omar, Abbas’ brother, traveled not to Iran, not to Syria, not to Egypt, not to the Saudis, not to any other Arab country in the Mid-East, but he traveled on a regular basis to the enemy of his people and his country—Israel. For medical treatment that was never denied to him.

Richard Allan,
The Editor

Appeasement – It Never Works

Two events, not seemingly connected, suddenly brought clarity in the heated discussion that followed the horrendous attacks in Paris. I shall try to keep it simple.

The ISIS attack earlier this year in January targeted individuals associated with a political magazine and people shopping in a Jewish supermarket. The targets were symbols unmistakably identified: Those who were anti-Islam and those who were Jews. The attacks this month were far more treacherous and repugnant: at the heart of the citizens of France. Ordinary people, not symbols; people who were indiscriminately chosen to die merely because they were congregating in large numbers, in one place and so easily murdered.

When a person enlists or is drafted into an army during a war, there is the “possibility” they will be killed if they go into a conflict area. When a person enlists into the ranks of ISIS, there is the “likelihood” that they will be ordered to wrap a bomb around their bodies and die. There is an enormous difference in the mentality and focus of each of these warriors. One is a soldier, the other is a terrorist. ISIS is many times larger and stronger than al Qaida and its focus is more vast and horrific. They are barbaric.

To understand the political climate of appeasement in Europe today, and not often discussed, one need only exam EU (European Union). Founded in 1948, in the aftermath of World War II, it has as its mission the guarantee of peace, stability and economic cooperation in Europe. Today, the EU membership has risen to include 28 European countries. The EU does not recognize the annexations of territories by several world governments. And although it’s  barely been heard in the discussions in the aftershock of the Paris attacks, its members choose to demand special labeling of products produced from only one region in the world—products from the Golan Heights and the West Bank—Israeli products.

The reason is clear: it is the EU’s hope that the world would boycott products from Israel. All in the aim of forcing the State of Israel to choose between facing an economic boycott and a possible financial crises or bending to the will of the Islamic world. A somewhat round about way of saying: look what we’re doing for you so please keep your terrorist at home. Appeasement did not work to stop WWII and will not stop ISIS.

The EU’s act is so clearly overt that it reminded me of Hitler directing that we should identify the Jews to isolate them from the rest of the German community and then the world by wearing the Star of David on their clothing. The EU order is no different. Label a person, label a product–to discriminate.

In addition, if one were to look at the internal social structure–the voices of the people in England, France and Germany, one identifies the rising violent voice of anti-Semitism –anti Israel. Yet being anti-Israel has not helped the following nations from attack: Academia in England is as anti-Israel as one can get, and still they haven’t secured a safety net from the Islamic terrorist. Hate crimes against London’s Jewish minority have surged over the last 12 months with an increase of 93.4%, according to figures from the Metropolitan police. In the 12 months from July 2014, police recorded 499 anti-Semitic crimes in London compared with 258 in the same period the preceding year.

In Germany Scrawling swastikas on synagogues, Jew-baiting during demonstrations, desecration: Seventy-five years after the Holocaust, hatred against Jews is taking place openly in Germany, even in schools. The number of crimes linked to anti-Semitism in Germany increased dramatically over the past year. While 788 cases were registered in 2013, there were 864 cases registered in 2014 a 10 percent increase. The most famous department store in Germany announced its agreement to labeling products produced from Israel.

In Rome, more than 70 disturbing hate messages were scrawled with black and red paint on Jewish businesses and throughout the so-called Jewish Ghetto around the city’s main synagogue. Phrases like “Anne Frank Was A Liar,” “Dirty Jews,” “Jews your end is near,” and “Israel executioner” were written in spray paint.

Sweden’s Foreign Minister came out strongly in support of the EU’s boycott attempting to link the issues in Israel with the ISIS attack in France. And in the United States, the American Anthropological Society (an academic institution), in what can only be described as an infamous vote, resoundingly approved a resolution to boycott Israeli academic institutions by a vote of 1040-136. We can only wonder how we are to define the word “academic” in the future?

Given the nature of ISIS, there is no method to reach a system of negotiations nor to employ appeasement strategy. ISIS is a cancer that has metastasized, and the mere snipping at its surface does not impede its growth. Isis is an amorphous enemy state, not a terrorist cell. It has enormous capability and controls large swaths of territory.  It has supreme success in recruitment among the young, and therein lays a great deal of its strength. And yet in France, with the strictest security apparatus in place, which would make the ACLU cringe in despair, its attack was not prevented.

To be Anti-sematic/anti-Israel is not sufficient to fend off an ISIS attack and hatred. To attempt to financially cripple Israel is not sufficient to appease ISIS. There is no appeasement and, therefore, we cannot mince words in describing, without political correctness, those who support the idea that the world would be better off without those—whomever “those” might be who do not follow the ISIS dogma.

In the past few days, at a soccer stadium in Turkey, as the announcer asked for a moment of silence for those who had died in the Paris assault, there were those who booed and chanted “Allahu Akbar” –an Islamic phrase meaning “God is Great”, the very words chanted by those who attacked the innocent people of Paris with their guns and vest bombs. In addition, politeness is no longer an acceptable method in dealing with those who passively support this reign of terror.

One last thought: On the world stage, the more the United States waffles, hesitates and ignores its own “lines drawn in the sand”, the weaker we become and not only endanger our own security but lose the moral leadership in the world. We need straight talk and affirmative action. We can no longer afford to do anything less.

Appeasement, in whatever form, to whoever offered, invites greater violence not peace.

Richard Allan

The Editor

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[1] The Kashmir region is defined by the international community as a disputed territory. Tibet was occupied by the Chinese army in 1958 and unilaterally annexed by Beijing.  Morocco invaded the Western Sahara region and unilaterally annexed it. The Turkish army invaded Northern Cyprus, expelled hundreds of thousands of Greek speakers, and established the Turkish Republic of Northern Cyprus. In 2014, Russia annexed the Crimean Peninsula