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Now here’s an interesting case. A group of Muslims is suing the FBI, claiming religious discrimination over surveillance that the feds carried out a few years after 9/11. The hard-Left ACLU and the Hamas-linked Council on American-Islamic Relations (CAIR) are siding with the plaintiffs, which ordinarily would be a massive red flag impugning their case, but the FBI’s entire case is based on its trustworthiness as an institution. And after all we have seen over the last few years, can anyone really trust the FBI?
Time Magazine reported Thursday that the case is based on the activities of a reckless FBI informant and apparent entrapment artist named Craig Monteilh, who pretended to convert to Islam and spied on several Southern California mosques. Time notes that Monteilh, “who had served time for fraud, left his key fob and mobile phone in places to record conversations when he was not around. He recorded hundreds of hours of video inside mosques, homes, and businesses. He told two other Muslims that ‘we should bomb something.’ He says he was told by his FBI handlers to date Muslim women and have sex with them to get more information.” Could the FBI really have been this clumsy and stupid? Why, yes.
This operation is the basis for the lawsuit. A Muslim named Ali Malik hosted Islamic prayers at his home in Irvine, Calif., and contends that the FBI spied on the meetings for prayer without sufficient cause to do so. He and two others sued, “accusing the agency of religious discrimination and unlawful government surveillance.”
On Thursday, the case, FBI v. Fazaga, came before the Ninth Circuit Court of Appeals. However, there are unlikely to be any courtroom dramatics, as the FBI is basing its entire case on secret stuff that it has no intention of revealing. “The government argues that all the plaintiffs’ claims alleging religious discrimination need to be dismissed because it has secret evidence that would exonerate the FBI if made public.” The feds assert that as a result, the case should just be thrown out; they say in a legal filing that “since the court cannot hear evidence as to who the FBI investigated or why, it cannot adjudicate whether the government targeted Plaintiffs based on their religion.”
For their part, Malik and co. “argue that they don’t need secret evidence to win their argument and that the case should proceed without this information,” especially in light of the fact that “the government has so far not invoked the state secrets privilege for allegations of unlawful surveillance.” An ACLU attorney, Mohammad Tajsar, points out that the feds frequently use this state secrets defense, which, he says, “has basically prevented judicial oversight over a whole bunch of desperately abusive national security-related policies—things like warrantless wiretapping and extrajudicial assassination.”
The state secrets defense should be called the “Trust me, bro” defense. In resorting to it so often, the FBI is essentially justifying its activities on the basis of its reputation. It is saying that it can’t tell us why it engaged in the activities over which it is being sued, and so we simply have to take its word that everything was entirely on the up and up.
But after the Russian Collusion hoax, the fake Jan. 6 insurrection, and now the indictment of Donald Trump, how wise would it be to sit back and trust the Justice Department without demanding any kind of accountability? The FBI should be able to give some idea of what it has in the FBI v. Fazaga case without compromising national security.
The FBI has so comprehensively betrayed the trust of the American people in the last few years, beginning with the little-noted fact that an FBI informant was encouraging two Islamic jihadis who had been in contact with ISIS to attack our free speech event in Garland, Texas, in 2015, that it cannot be trusted to be acting in the best interests of anyone but itself. It could be surveilling these people just to justify its counterterror budget.
Obviously, the courts shouldn’t force the FBI to reveal compromising information, but the bottom line is clear: the FBI has no right to call for trust when it has so frequently and comprehensively betrayed the trust that the American people once had in it.
Capitalist-Dad says
Secret evidence? Wow! More and more Stalinist every day.
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Jeff says
Mr.Spencer displays so much integrity in this article. Despite the egregious practices and ideological gambits of Islamic advocacy groups which Mr Spencer has critiqued over the years, he is willing to give them the benefit of the doubt in this case because of FBI malpractice in recent years. What a wise and balanced scholar you are sir. I have admired your work for years, and reading this article, I am more impressed than ever!
End PC says
Cannot agree, considering that the plaintiff are Islamic & arguably Islamists, I think Mr Spencer is being too circumspect. This is dealing with Islam that is an open declaration of war against what our Constitution stands for. Normally I would agree that the FBI probably cannot be so trusted for the reasons he gave but Islamists would not cut Spencer any slack.
Alex Gofen says
I disagree with you and Mr. Spencer in presenting this bizarre case because you both reason as though islam belonged to America and were its part and parcel!
Islam must have no place in America in the first place!
Yes, the FBI, and the entire criminal US government are disgusting! They all violate the Constitution and the civil rights of truly American citizens and the patriots! However, it’s stupid to blame them for profiling the very real enemies of America and freedom such as adherents to islam.
Alex Gofen says
I disagree with you, Mr. Spencer in presenting this bizarre case because you reason as though islam belonged to America and were its part and parcel!
Islam must have no place in America in the first place!
Yes, the FBI, and the entire criminal US government are disgusting! They all violate the Constitution and the civil rights of true American citizens and the patriots! However, it’s stupid to blame them for profiling the very real enemies of America and freedom such as adherents to islam. In fact, FBI and the criminal US government are known for their cover-up and pandering to islam! In fact, the 9/11/2001 took place only because of the criminal negligence of the US government in its pandering and bending back before islam! That’s how bizarre this article is.
ed says
Wasn’t it the moslems who invented the victim card?
staffsgt7 says
considering that islam is a deen.
Many forget is that our troops bombed a number of them. The mistake the politicians/military made was to rebuild them. Quote from another of jihadwatch’s articles regarding the holocaust museum removing photos of al Husseini with Hitler:
Doctrinally, it may be used as a boarding house (Suffah) for students and those in need; School for Islamic Studies; diplomatic center; meeting place; center for deciding important issues; military drill and martial arts practice area; arms and ammunition storage facility; courthouse; confinement facility; hospital; and treasury.
Then there is this: Moslims actually call Islam themselves “Din e-Sif”, or religion of the sword. And they will lie about that (part of jihad is to lie if it doesn’t advance islam)
The definition of a deen: The word deen is used in the Arabic language to give different meanings, most importantly are:
– honour, government, empire, monarchy and rulership.
– The second meaning is quite opposite to it, i.e. subordination, obedience, slavery, servitude and subjection.
And this is why it is more dangerous than communism/marxism because they put a ‘god’ in the mix – a ‘god’ that hates unbelievers.
The Criminal Investigator – Intelligence Analyst’s Handbook of islam