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Potential Retrial In Sight For Imam Jamil Al-Amin (H. Rap Brown)

The struggle and trials of the honorable Imam Jamil Al-Amin

Hamzah Raza

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Which deeds are most beloved to Allah?

Alhamdulillah, by the blessings of Allah (swt) and readers like yourself, MuslimMatters has been an independent platform for our best thought leaders to educate us in our faith and catalyze change through powerful, necessary conversations. Since our humble beginnings as a basic wordpress blog in 2007, our content has remained free.

The Prophet (SAW) has taught us the best of deeds are those that done consistently, even if they are small. Click here to support us with a monthly donation of $10 per month, or even as little as $1. Set it and collect blessings from Allah (swt) for the khayr you're supporting without thinking about it.

It was the night of March 16th, 2000. That day had been Eid, the holiest day of the year for West End’s Muslim community. Prayers were held by Imam Jamil Al-Amin, the soft-spoken, bookish Imam, who was famously known in the civil rights movement as H. Rap Brown prior to his conversion to Islam. That night, police officers pulled up to the Imam’s convenience store with a warrant for his arrest. The police saw a man and asked him to put his hands up: 5’8”, gray eyes, and 170 pounds, as eyewitnesses would later tell.

Asked to put his hands up, that man would instead pull out a handgun. A shootout between the man and two police officers would ensue. The man would then go to his trunk and pull out a lightweight, semi-automatic carbine Ruger Mini-14 with an extended clip housing 40 .223 caliber rounds of ammunition. Using military grade weapons, this man would murder one police officer and injure another. This man, Otis Jackson, would eventually confess to committing the crime.

Eventually, Imam Jamil Al-Amin would be charged for this crime. Neither Jackson’s confession of the crime nor his matching the description of the shooter would be included in Al-Amin’s trial. For the jury, this evidence was nonexistent.

Eyewitness testimony claims that the man who killed the police officer was not only 5’8” and 170 pounds with gray eyes but also that he suffered gunshot wounds. While Jackson fits this description, Imam Jamil Al-Amin is 6’5”, lanky, has brown eyes, and did not suffer a single wound. A 911 call also claimed that the shooter was bleeding out and walking around West End looking for a ride.

Otis Jackson was on parole at the time of the shooting for a previous crime he had permitted. He told his parole officer he had a shift working at a local diner at the time. When the officers told him to put his hands up, he felt the handgun in his pocket. Violating his parole and possessing an illegal weapon, Jackson knew that he would be sent back to jail. Aware of this, he decided to shoot at the police officers instead of putting his hands up.

That night, Jackson went home and received a call from Sentinel Company, which provided the monitoring for his ankle bracelet. The Sentinel representative asked where Jackson was, to which he replied that he was at work. The representative then told Jackson that this would be marked down as a violation, to which Jackson agreed and quickly ended the conversation.

He then had female friends who were nurses come and treat him for his wounds. He told them that he was robbed. Jackson called a friend named Mustapha Tanner, and ask him to get rid of Jackson’s vast arsenal of weapons: three Ruger Mini‐14 rifles, an M16 assault rifle, a .45 handgun, three 9mm handguns and a couple of shotguns. He also informed his parole officer that he was involved in a “situation” but left out any details. Police later searched Jackson’s house and found rounds of Mini‐14, .223, 9mm, and M16 ammunition. His bloody clothes and boots from the shootout were left untouched in a closet.

His parole was revoked and he was sent to jail in Nevada. There he would confess to the crime and even be visited by an FBI agent by the name of Agent Devon Mahony. Jackson’s confession was documented by Mahoney on June 29th, 2000. But nothing was done after that. Jackson’s confession was also not included in Jamil Al-Amin’s trial in March of 2002. In the midst of government surveillance on civil rights leaders and post 9/11 Islamophobia, Imam Jamil Al-Amin would be sentenced to life without parole for the crime of murdering a police officer.

Al-Amin has an appeal on May 3rd in the 11th Circuit Court of Appeals that could potentially allow for a retrial. Through this retrial, it is possible that evidence that was previously left out of the court, such as Otis Jackson’s testimony, could allow for Al-Amin to establish his innocence.

Arrest and Trial

Following this shooting, Imam Jamil Al-Amin would be put on the FBI’s most wanted list, and 100 FBI agents would be deployed on a manhunt to find him. Al-Amin would be arrested in White Hall, Alabama four days later. As he was arrested, FBI agent, Ronald Campbell kicked him and spit on him. It is important to note here that Imam Jamil Al-Amin was a 55-year-old religious leader. One would wonder what sort of hatred led an FBI agent to engage in such behavior towards a middle-aged clergyman.

Eventually, an officer would also find guns in the woods adjacent to where Al-Amin was found. Despite decades of FBI surveillance, there was absolutely no evidence linking Al-Amin to the guns. There was not a single fingerprint or Al-Amin’s DNA on the guns or ammunition found. The guns were also not hidden or concealed in any way. So under the state’s argument, Al-Amin meticulously cleared the weapons of his DNA and fingerprints but did not do anything to hide the weapons.

Many have suggested that it was actually Agent Campbell, the FBI agent who physically assaulted and spit on Imam Jamil Al-Amin, who planted the guns. In 1995, Campbell had been accused of shooting Glenn Thomas, an African American man, in the back of the head in Philadelphia. In that case, too, a fingerprint-less gun was found next to the man’s dead body.

In addition, Agent Campbell first claimed that he was with other police officers when he crossed the fence into the woods and found the guns. But he later, in cross-examination, claimed that he was alone. Such contradictory information and the fact that the weapons could never be proved to belong to Al-Amin makes one wonder how this could function as any sort of evidence.

It is also important to note that Al-Amin went to trial in March of 2002, less than six months after 9/11. At a time when hatred against Muslims in the United States was at an all-time high, Al-Amin showed up to court wearing a kufi. He even said to the judge and jury: “I invite you to Islam. Be Muslim and receive two rewards [i.e. That of this life and the next].”

But even in this time when hatred of Muslims was at an all-time high, the idea of this soft-spoken Imam committing a crime was still strange to so many. The New York Times wrote that “Some could not believe that the man who spent the last 25 years as a nonviolent Muslim cleric in the West End of Atlanta would explode in a seemingly unprovoked blaze of violence.”

Imam Jamil Al-Amin’s Muslim faith was also attacked by the prosecution. They told the jury “Don’t stand up for him,” in reference to Al-Amin’s religiously-based decision to not stand for the court, for which the court granted him permission to do.

The court ruled Al-Amin guilty and he was sentenced to life without parole. Following this, the prosecuting attorney for the state said, “After 24 years, we finally got him.” In order to understand the context of this remark, one must understand the Cointelpro program that Al-Amin was targeted by before his conversion to Islam when he was H. Rap Brown.

  1. Rap Brown and the Student Nonviolent Coordinating Committee

In his late teens, H. Rap Brown joined the Student Nonviolent Coordinating Committing (SNCC). SNCC (Pronounced “Snick”) used the tactics of nonviolent direct action in order to bring about civil rights for Black Americans. Prominent in the American South, SNCC members studied Gandhian tactics of nonviolence from James Lawson, who was then a graduate student in theology at Vanderbilt University. Future Congressman and then-SNCC Chairman, John Lewis would mentor H. Rap Brown.

In 1965, the young H. Rap Brown rose up in the organization and eventually became chairman of the Nonviolent Action Group, the Washington DC affiliate of SNCC. As head of this organization, Brown entered into an infamous White House meeting with President Lyndon B Johnson. President Johnson told Brown that SNCC’s all-night demonstration had prevented his two daughters from sleeping that night. Brown replied that he was sad for the one night his daughters were disturbed, but that “Black people in the South had been unable to sleep in peace and security for a hundred years.” He asked what the President planned to do about that, and anticipated that this issue was what this meeting was about.

Following John Lewis’ tenure as chair of SNCC, Stokely Carmichael then became chair in 1966. Inspired by the works of Malcolm X and Frantz Fanon, Carmichael understood nonviolence not as a principle, but as a tactic. He introduced the phrase “Black Power’ to the organization, and began to speak out on international issues, introducing SNCC’s opposition to the American war in Vietnam.

FBI Surveillance on H. Rap Brown

In 1967, H. Rap Brown, at the age of 23, was elected Carmichael’s successor as chairman of SNCC. Brown would take the nonviolent out of the name of the Student Nonviolent Coordinating Committee, renaming it the Student National Coordinating Committee. He lamented that “Violence is as American as cherry pie…We will use that violence to rid ourselves of oppression, if necessary. We will be free by any means necessary.” It was also under his leadership that SNCC entered into a working alliance with the Black Panther Party, giving Brown the honorary title of Minister of Justice of the Black Panther Party alongside being Chairman of SNCC.

That year, the FBI contacted Brown’s wife, Karima Al-Amin, in an attempt to get her to spy on her husband for the FBI and provide reports on him to them. At this point, SNCC was being targeted by the FBI’s COINTELPRO program, which aimed at surveilling, discrediting, and disrupting political organizations that fought for the rights of Black Americans. The FBI’s COINTELPRO program called for H. Rap Brown and other prominent black leaders such as Martin Luther King Jr and Stokely Carmichael to be “neutralized.”

It was through this program that J Edgar Hoover, head of the FBI, discovered that Martin Luther King Jr was having extramarital affairs. Attempting to use the tactic of public humiliation, Hoover wrote a letter to Martin Luther King Jr attempting to coerce him into suicide, lest he wants the world to know of his infidelity.

In December of 1969, two Black Panthers in Chicago fell victim to this neutralization after a 14-man police raiding force collaborated with the FBI. The police murdered 21-year-old, Fred Hampton and 22-year-old, Mark Clark, two members of the Black Panther Party in a pre-dawn raid in their Chicago homes.

In a meeting with President Lyndon B Johnson, FBI Director Hoover said, in reference to Malcolm X and Martin Luther King Jr, “We wouldn’t have any problem if we could get those two guys fighting; if we could get them to kill one another off.”

This FBI campaign of neutralization caught up to H. Rap Brown. After giving a speech in Cambridge, Maryland in July of 1970, he was grazed with bullets from police while walking a young woman home. That night, fires occurred in the city. Brown would be accused of arson and inciting riots in the city. Later evidence would show that Brown had no relation to such fires, and they actually came from the inaction of the Cambridge Fire Department, which had a hostile relationship with its Black community. But the head of the Cambridge Police Department pinned the charge on Brown, accusing him of “a well-planned Communist attempt to overthrow the government.”

Congress would then pass the “H. Rap Brown” law in his name that would make it illegal to cross state lines in order to incite a riot. Then Governor of Maryland and soon-to-be Vice President of the United States, Spiro Agnew stated that “I hope they pick him up soon, put him away, and throw away the key.”

Like many leaders in the movement such as Angela Davis, Brown would be placed on the FBI’s Ten Most Wanted List and run away from the authorities spending time in Africa, before eventually being brought back to Maryland in 1970 for trial. It was there that he would be sentenced to 5 years at Attica Prison in New York City.

In his time in prison, H. Rap Brown accepted Islam and took the name, “Jamil Abdullah Al-Amin.”

Conversion to Islam and Reinvention as Jamil Al-Amin

Following his release from prison in 1976, Al-Amin traveled to India, Pakistan, and West Africa to study Islam. He then embarked travel to Makkah for the Hajj pilgrimage before moving to Atlanta to establish a Muslim community in the impoverished and crime-ridden West End neighborhood.

In West End, the former radical firebrand reemerged as a pious, soft-spoken, and bookish Muslim scholar concerned about the spiritual and social resurrection of the neighborhood. He preached Islam to drug dealers and prostitutes in the neighborhood and sought an intense anti-drug campaign.

In the West End Mosque, they called the adhan, the Muslim call to prayer, out loud five times a day, so that the whole neighborhood could hear it. Al-Amin was of the belief that change of society could only come after people had changed themselves through the act of prayer.

Imam Khalil Abdur-Rashid, the current Muslim Chaplain at Harvard University who grew up in Imam Jamil’s West End community, mentioned in his Ph.D. dissertation:

“He would retain his devotion to changing the prevailing system and worked to teach his community to cultivate an alternative way of living that is not indicative of token social justice programs. He taught the importance of the five pillars of Islam and revolutionary ‘technologies of the self’ that, when actualized at the communal level, transform the society into a better one. He still remained non-violent but still dedicated himself to teaching social revolution through a revolutionary approach to Islamic practice.

“The mission of a believer in Islam is totally different from coexisting or being a part of the system. The prevailing morals are wrong. Western philosophy…has reduced man to food, clothing, shelter, and the sex drive, which means he doesn’t have a spirit. In Islam, we’re not talking about getting the poor to vote. We’re not talking about empowering poor people with money. We’re talking about overturning that whole thing.”

He preached and wrote about the understanding of the centrality of prayer, charity, diet, pilgrimage, family, and struggle as the core elements of person and by extension social change. His book entitled, Revolution By The Book, published in 1994, is the first American Muslim liberation theology manifesto. Whereas much Christian liberation theology centralizes its attention on social concern for the poor and liberation of the oppressed, Imam Jamil’s Revolution By The Book begins with the individual turning inward to correct decadent ways and through reform of the self, one may then begin to look outward at institutions that are also in need of reform. He explains that,

“When you understand your obligations to God then you can understand your obligations to society. Revolution comes when human beings set out to correct decadent institutions. We must understand how this society has fallen away from righteousness and begin to develop, Islamically, the alternative institutions to those that are in a state of decline around us. But, we must first enjoin right and forbid wrong to ourselves. That is the first step in turning this thing around: turn yourself around!”

Many who had known him pre-conversion to Islam spoke of how much Al Amin had changed from the H. Rap Brown that once was.

A former SNCC colleague, Ekwueme Michael Thelwell, commented on Al Amin’s speech at the funeral of former SNCC Chairman, Stokely Carmichael. The talk included numerous other pillars of the civil rights movement such as John Lewis and Diane Nash. Thelwell stated:

The only real departure and my only surprise came when Imam Al-Amin spoke. What he delivered in tribute to his old friend was a thoughtful, Islam-inflected reflection on the nature of oppression and the moral duty, the religious imperative, of the faithful to resist. Liberally adorned with Koranic quotations, it was, as I recall, an erudite, elegantly constructed, finely reasoned explication of the categories and nature of oppression, and the moral dimensions and complexities of struggle as expressed in the prophetic poetry of the Arabian desert some 1,400 years earlier. In any terms–culturally speaking–it was scholarly. I found it startling in a curious way: It did not quite fit either stylistically or culturally with what had gone before, yet was completely appropriate.

As he spoke, I remember thinking: Ah, so this is what a serious Islamic sermon sounds like, huh? Rap really takes this calling seriously. The brother is indeed an Islamic scholar, an imam. (I took in the hang-jawed look of astonishment and dawning professional respect that crossed Minister [Louis] Farrakhan’s face as he listened to be confirmation of my impression..”

In an article titled “Growing Up West End,” Masood Abdul Haqq wrote about being a member of Imam Jamil Al Amin’s West End community.

When my family and I first moved to Atlanta in the fall of 1992, the West End Muslim scene unfolded like some sort of Black Muslim Utopia. A soulful adhan was the soundtrack to Black children of all ages in kufis and khimars playing with each other on either side of the street. The intersecting streets near the masjid gave way to a large covered basketball court, on which the game in progress had come to a halt due to the number of players who chose to answer the melodic call to prayer. Overlooking this scene from the bench in front of his convenience store, like a shepherd admiring his flock, was a denim overall and crocheted kufi-clad Imam Jamil.

Before I heard him utter a single word, it was obvious to me that I was in the presence of a transcendent leader.

The early 1990’s was an exciting time to be in Atlanta. However, one of the unfortunate undercurrents of our booming urban economy was the inevitable rise of the drug trade. Reagan had been out of office for a full term, but his crack epidemic and trickle down economics were still very prevalent in inner city neighborhoods across the country. The West End was no exception. At the intersection of Holderness Street and Lucille Avenue, just 100 yards from my childhood home and four city blocks from the West End Masjid, stood a notorious motorcycle club and corner store. Both businesses were knee deep in the interests of prominent local drug dealers and it wasn’t long before that corner earned the reputation as a “million dollar block.”

One might think living so close to such a dangerous corner would make for a tale of hard knocks, peer pressure, and intimidation. For the Muslim kids, that was the furthest thing from our reality. Instead, we ran around that neighborhood with impunity. When the dope boys saw us coming, they would step out of our way, offer to buy us snacks from the store, or just whisper to each other about us being “Big Slim’s folks.” Sometimes they called him Rap. Or the Imam. The bottom line was, they may have pulled the usual dope boy tricks of recruiting and terrorizing kids within the neighborhood, but us Muslim kids were off limits.

There was an honor associated with being a member of Imam Jamil’s community, a VIP hood pass that made us immune to the usual ills of this sort of environment. This street credibility from outside the Muslim community stemmed from Imam Jamil’s days as H. Rap Brown, a revolutionary fighting for Black rights. It evolved when he demonstrated the ability to bridge gaps between young and old, Muslim and non-Muslim. People respected that his entire life revolved around salat at the Masjid. This made him accessible and dependable. Five times a day, the adhan was called and Imam Jamil would either lead or appoint someone to lead the prayer. Afterwards, no one would leave unless he raised his hand for permission and got the nod from the Imam. After finishing his dhikr and du‘a, the Imam would ask, “Is there anything anyone would like to bring out?” Brothers would bring forth questions, concerns, and news from around the neighborhood, and the Imam would address it or tell the person to meet him after salat. The drug issue was at the forefront. Slowly but surely, prayer by prayer, the million dollar block was abandoned. Miraculously, after efforts to clean up the neighborhood around the million dollar block, now stands the West End Islamic Center, a beacon of hope for sustaining the community.

FBI Perception of Al Amin Post-Conversion to Islam

Despite such transformation of self that led to the transformation of the West End community, Al-Amin still remained the object of government spying that went back to the Cointelpro days. The FBI compiled a 44,000-word file on Al-Amin and his Muslim community, attempting to pin a crime upon him. Because his entire life was dedicated to praying five times a day at the mosque, developing his community, and stopping drugs and crime, the FBI could not find a single crime that Al Amin had committed.

After the 1993 bombing of the World Trade Center, Al Amin was interrogated by the FBI as to whether he played a role.

Al Amin’s brother, Ed Brown stated that:

Y’know…something happens. Say the first attempt to bomb the Trade Center, right? They feed their infallible profile into their computer. Muslim…radical…violent…anti-American, whatever, who knows. Anyway, boom, out spits the names, H. Rap Brown prominent among them. Next thing the Feds come storming into the community and haul Jamil in. This actually happened. Of course, it’s stupid. And every time they have to let him go. But how do you stop it? A goddamn nightmare, they never quit.”

Two years following that, Al-Amin would be arrested by a joint force of the FBI, local police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives after a 22-year-old, William Miles, was shot in the leg. One must wonder why the FBI was concerned about a non-fatal shooting that hit a young man’s right leg. But even in this case, Imam Jamil Al-Amin was found not guilty and cleared of any wrongdoing.

It was found that between 1992 and 1997, authorities investigated Al-Amin “in connection with everything from domestic terrorism to gunrunning to 14 homicides in Atlanta’s West End.”

While driving in Marietta, Georgia in May of 1999, Al-Amin would be pulled over in his vehicle for driving with a drive-out tag, which allows a vehicle to drive without a license plate for 30 days. Eventually, Al-Amin would be searched, and an honorary police badge, given to him by the mayor of White Hall, Alabama, would be found in his wallet. Al-Amin was charged with impersonating a police officer, driving a stolen car, and driving with expired insurance. In 2002, a Georgia judge would rule that this warrantless search violated Imam Jamil Al-Amin’s fourth amendment rights. The mayor of White Hall also wrote to how he had gifted Al-Amin this badge. Due to a snowstorm, Al-Amin’s court date for this case was canceled— and never rescheduled.

It was this traffic stop that would lead to the arrest warrant. It was from that warrant that police officers would eventually be shot and killed by Otis Jackson, who would confess to the crime and match the description of the shooter. Despite this, it would be Imam Jamil Al-Amin who would go to jail.

Al-Amin’s Time in Prison

In addition to being there for a crime that he claims he did not commit, Al-Amin has faced many violations of his rights in jail. He has been unable to attend Friday prayers and has spent the bulk of his time in solitary confinement for 23 hours a day. Between June and August of 2003, the federal government was also caught reading his mail, in violation of Al-Amin’s fourth amendment rights.

Despite his solitary confinement, word got around that Imam Jamil was imprisoned. Prisoners in Georgia also asked for Al-Amin to be their unified Imam “because of his credibility as a leader prior to incarceration,” in an act that was not initiated by him. This led to an FBI investigation and report titled “The Attempt to Radicalize the Georgia Department of Corrections’ Inmate Population” which established Al-Amin as the leader of this radical Muslim kingpin operating in prisons. The report failed to link Al-Amin to any extremist Muslim organization and also failed to establish how Al-Amin could lead such an extremist cell while being in solitary confinement.

Without notifying his family or legal counsel, Al-Amin was forcibly transferred by federal authorities in July of 2007. He was chained inside a vehicle for 6 hours in the 92-degree heat, while being deprived of his blood pressure medicine. Because he was unable to stand, Al-Amin was hospitalized for a night, before being transferred to the ADX prison facility in Florence, Colorado. He was then transferred to the United States Penitentiary in Arizona, a high-security federal prison for male inmates. In August of 2007, the Georgia Department of Corrections said Al-Amin was sent to federal prison because “Al-Amin’s high profile presents unique issues beyond the state prison system’s normal inmate.” It was never explained what these “unique issues” are.

Appeal on May 3rd and Potential for Retrial

Allen Garrett is a lawyer who has been working pro-bono on Al-Amin’s case since 2007. He has “discovered retaliatory actions on the part of prison officials against Al-Amin.” Moreover, he has been granted the possibility for an appeal on May 3rd, in which the court will decide whether Al-Amin can be granted a retrial for the crime he was found guilty of in 2002.

With new evidence not included in the trial such as the confession of Otis Jackson, and Agent Campbell’s lying about being alone and previous planting of fingerprint-less guns, Al-Amin has the potential to clear himself of such charges and establish his innocence. America too has changed drastically since Al-Amin was put on trial in 2002. Organizations such as Black Lives Matter have brought to light the injustice of programs such as COINTELPRO which targeted Al-Amin and other civil rights activists. The Trump era has also highlighted the irrationality of the brazen Islamophobia that aided Al-Amin’s guilty verdict.

Al-Amin’s membership in the Black Panther Party was symbolic and resulted as a result of an alliance between the Black Panther Party and the Student Nonviolent Coordinating Committee, which he was chair of. But despite his limited affiliation, in today’s context, the Black Panthers do not have the same stigma attached to them. The movie, Black Panther, ends in Oakland, California, in an allusion to where the Black Panther Party was founded. Beyonce wore Black Panther outfits at the Super Bowl. And even Democratic Presidential candidate, Kamala Harris, hardly a symbol of radicalism or even progressivism, has stated that she was inspired by the values of the party.

I spoke to Kairi Al-Amin, Imam Jamil Al-Amin’s son. He was 14-years-old when his dad was imprisoned. Since then, Kairi, now 31, has become an attorney, with the goal of freeing his dad of this crime that he did not commit. He spoke of the importance that there is in getting public opinion on the side of his father as this appeal approaches. Should the court rule in favor of this appeal, a retrial could allow for evidence previously left out to be introduced. He has created a website called https://whathappened2rap.com/, which has a fact sheet on the trial, with information on how people can be better involved.

With the public watching, it is possible that on May 3rd, the 11th Circuit Court of Appeals will rule in favor of Imam Jamil Al-Amin’s retrial, and that he can finally be given the opportunity to present the full case and be exonerated of this crime.

Hamzah Raza is a graduate student at Harvard University and an alumnus of Vanderbilt University. At Vanderbilt, he received highest honors for his thesis on the role that South African Muslims played in the anti-apartheid struggle. He has been previously been published at the Huffington Post, Alternet, the Grayzone Project, Raw Story, and the Tennessean. Follow him on Twitter @raza_hamzah

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#Current Affairs

Muslims Leaders Who Are Also Foreign Agents

When American Muslim leaders are also foreign agents, you need to consider FARA, the Foreign Agents Registration Act. Ahmed Shaikh explores how this law may apply to American Muslim leaders who fall into “Team UAE” and “Team Turkey”

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Foreign Agents in the Muslim Community
Which deeds are most beloved to Allah?

Alhamdulillah, by the blessings of Allah (swt) and readers like yourself, MuslimMatters has been an independent platform for our best thought leaders to educate us in our faith and catalyze change through powerful, necessary conversations. Since our humble beginnings as a basic wordpress blog in 2007, our content has remained free.

The Prophet (SAW) has taught us the best of deeds are those that done consistently, even if they are small. Click here to support us with a monthly donation of $10 per month, or even as little as $1. Set it and collect blessings from Allah (swt) for the khayr you're supporting without thinking about it.

Foreign Agents in the US have a meaningful effect on Americans in the United States.  Should Muslims in the United States adopt the foreign policy narrative of the United Arab Emirates?  Should we be against calling the mass killing of Armenians during World War I “genocide?” Can American Muslim leaders and nonprofits be the voice of governments, give them public relations advice and do their bidding?

These questions are largely irrelevant as the American Muslim community already has some activists and Islamic Scholars who are foreign agents.

I am not claiming being a foreign agent is inherently wrong, unethical or somehow prohibited in Islam. In many instances, being a foreign agent is fine, or at least you can find examples where the activity is harmless and maybe even beneficial. Non-Muslims serve as foreign agents, peddling influence and giving advice. Why can’t ordinary Muslims, even Muslim leaders, activists, and Islamic scholars do the same? What we need though is transparency about these relationships, similar to how we keep tabs on people who carry hazardous waste. It’s often a useful and beneficial service, but also, well, hazardous. 

As we have seen from recent cases Imaad Zuberi, Mike Flynn, and Paul Manafort , it is reasonable to expect more prosecutions of unregistered foreign agents in the coming months and years.

American Team Turkey vs. American Team UAE

My purpose here is not to re-litigate events during the first world war or the UAE’s murderous worldwide batil-slinging foreign policy. It is also not to offer a further critique of American Muslim leaders and scholars who blow smoke for one foreign interest or another. For that, you can read my recent article. Instead, it is to help American Muslims involved with foreign entities to be aware of the law so they can prepare accordingly. 

The “Team Turkey” vs. “Team UAE” saga playing out among the Muslim community’s leadership, including nonprofits and religious leaders, is dangerous, and there is potential legal jeopardy to members of both “teams.” The law in an individual case is often complex, and I am not claiming anyone referenced in this article is a criminal. However, anyone who thinks aspects of this article applies to them should seek legal counsel post haste.

Pariah status may rub off

In the eyes of the US government, the UAE may be up one day, and Turkey may be down. Pakistan is pretty much always “down” no matter who is in power in the United States, so Muslims working with that government and various political parties and institutions in that country should be especially sensitive about being a law enforcement target, even if they believe they are working for a worthy cause. Keep in mind how the Muslim community has been treated historically by the Justice Department. For this or any future US Administration, American Muslim leadership may be low hanging fruit for prosecutors. 

Right now, the UAE, in particular, aggressively buys loyalty, buys people in positions to peddle influence on its behalf. It uses straw donors and funnels its money around the United States through various entities to get what it wants. These tactics work for them now, but it may not work forever. Any Muslim majority country can get “pariah” status and the social and political environment in the United States may turn against that country and its agents.

If the political winds in the United States change against the UAE, their leadership will probably not be affected. Things may be different for their agents in the United States, however. The same may well be true for agents of Turkey. We can learn from their best known non-Muslim foreign agent, former Trump National Security Advisor Michael Flynn

The United States has a long history, going back to its founding, of being suspicious of foreign influence in government and public opinion. Various clauses of the constitution and several laws exist to address this historic concern, though many are quite weak.  The one that Muslim leaders with ties to foreign governments should be most concerned with is the Foreign Agents Registration Act (FARA).

Foreign Agents Registration Act (FARA) 

Anyone who closely followed the Mueller investigation into the 2016 Presidential election is likely somewhat familiar with FARA.  However, of more interest should be the prosecution and guilty plea last year of Dr. Nisar Ahmed Chaudhry, who was prosecuted for activities that are remarkably common for Muslim leaders, especially immigrants.

It’s not a crime to be an agent of a foreign government. The crime, as those paying close attention to current events, will understand,  is in not registering with the Justice Department. In short, it’s a federal crime for agents of foreign entities or people engaged in political or other activities in the statute, with some exceptions, to not register under this law. US Law defines the term ” foreign agent”- it is not necessarily pejorative. It does not mean being a spy.

Indeed, foreign influence-peddling is an entire industry. Often, people who engage in “influence peddling” are not especially sophisticated and may not be paid at all. They may simply be immigrant activists who love their homeland.

In the case of Chaudhry, he pleaded guilty to not registering an unincorporated group he created in his home, the “Pakistan American League,” and his work as a “foreign agent.” His crime? He spoke to officials in the Pakistani government, and worked in Pakistan’s interests in D.C. area government and “think tank” circles by organizing “roundtable discussions.” He was not paid for his work as an “agent” by Pakistan.  All of this is legal, except that he failed to register.

A Law About Transparency

Foreign Agents need to report on their activities or risk fine and imprisonment. Every six months, the US Attorney General issues a report on foreign agents who register under this law to Congress. You can find the most recent report here. These reports offer a helpful description of registered foreign agents operating in the United States, but anyone can take a deeper dive into the reporting if they want to. FARA is about transparency.

FARA does not prohibit speech or activities by anyone. The purpose is to inform the public and government about the source of information used to attempt to influence them. FARA is an old law that US Muslims need in our communities right about now. 

Enforcement of this law had been mostly dormant for years, and the Mueller investigation is said to have given it new life. Registrations under the law are up.

FARA is broader than you might think

FARA is not just for agents of foreign governments. Being an agent of a foundation, royal family, oligarch, or any other entity or person can trigger the same requirements and cause criminal liability for those who fail to register. Many registrations under FARA involve agents of entities and people that are not governments. 

As we have seen from Chaudhry’s case, Muslim leaders, activists, and scholars don’t need to be paid to be “foreign agents” under the law. Congress understood foreign agents could work for nonmonetary benefits. A foreign agent does not need to agree with everything the foreign principal does and says. A Muslim leader who gives certain kinds of advice to a foreign entity may need to register to avoid criminal liability. It does not matter if the foreign principal ignores the advice. FARA is not just a law about foreign lobbying, indeed lobbyists have a separate registration system and law.  Virtually any work to influence public opinion or give advice will fall under the law. There are many opportunities for Muslim leaders to get themselves into serious trouble

Religion or university affiliation may not save foreign agents 

There are exceptions to FARA reporting requirements. For example, diplomats, many journalists, and bona fide trade and commercial enterprises do not need to report.  Say Muhammad is the agent of a Turkish exporter of Turkish delight, selling delicious packaged desserts to grocery stores around the Midwest. Muhammad does not need to register under FARA. 

Similarly, those involved in bona fide religious, academic, or fine arts pursuits are exempt. So if Saad, a US Citizen, is hired by the Saudi government to teach Quran recitation to children of employees of the local Saudi consulate, Saad would not need to register. 

 If, however, the Turkish Delight company asked Muhammad to write op-eds and hold meetings to prevent tariffs on Turkey, well, that’s different. If Saad starts to give public relations advice to his Saudi employers, he should call a lawyer. It’s worth noting that FARA is not the only registration and disclosure statute. A lawyer with expertise in this area can help them sort it out. 

Learn from others

Carrying water for a foreign entity’s political agenda, a regular occurrence by some American Muslim leaders is not bona fide religious or academic activity. Such conduct falls squarely into a danger zone under the law. The US Justice Department has confirmed the religious and academic exception’s narrow scope. The Overseas Korean Cultural Heritage Foundation, for example, wanted an opinion they are exempt from registration.   They were working on developing a museum, which is an academic institution. However, the Justice Department advised the foundation must register under FARA. The reasons, among other non-nefarious sounding things, were exhibits on bilateral relations between South Korea and the United States.

In 2017, TV station RT America and news outlet, Sputnik, “both Russian-funded but with production companies in the US, registered as ‘foreign agents’ under pressure from the Justice Department.”

Muslim leaders with ties to foreign entities should also look to the example of the American section of the World Zionist Organization. The WZO has appropriately registered itself as a foreign agent. Its work seems reasonably standard for a Zionist organization, though. WZO “participated in workshops, seminars, and conferences and distributed materials to increase support for the foreign principal’s educational, cultural, and religious goals.” The foreign principal was the World Zionist Organization in Israel, not the government of Israel itself. Still, it needed to register. 

Even if someone falls into an exception to FARA, another related statute may well cause liability. So anyone who has to look around for exceptions should check with an attorney. 

Sunshine in the Muslim community

Much of the work against CVE involved learning what Muslim leaders working with governments were up to. Because of the federal “Freedom of Information Act” and state Public Records Acts, we have a better idea of what Muslim leaders have been collaborating with the war on terrorism against our community. The availability of public records has also kept some Muslims away from unsavory funding opportunities. There is always a risk they will be found out. Who needs that drama? As the late US Supreme Court Justice Luis Brandies famously said, “sunshine is the best disinfectant.” 

Some in the Countering Violent Extremism space have looked to foreign governments and organizations, particularly in the UAE. Working against the US Muslim community, which includes naming groups such as CAIR and MAS “terrorist organizations,” and investing in anti-Muslim surveillance is fundamental to UAE foreign policy. Foreign entities are not subject to the Federal Freedom of Information Act or state Public Records Acts.

Covertness can be beneficial when prosecuting the war on terrorism in our communities on behalf of a foreign master. However, security-state contractors working with foreign entities are engaged in an inherently political enterprise and should register. Unfortunately, nobody from the Muslim community in the CVE sector has. They should either start or quit foreign-sponsored CVE altogether. 

FARA is your friend

We have a strong need for transparency among Muslim leaders and organizations. Foreign interests have been looking to influence the US Muslim civil society for several years. It may well be that agents of foreign nation-states or entities in them have valuable things to say. The purpose of FARA is not to deny your ability to hear them and learn from them. However, knowing someone is a foreign agent will help us place the information provided by a Muslim leader, activist or scholar in a better context. 

Muslim leaders and organizations should strongly encourage each other to look at FARA when any foreign entity is involved. If for no other reason, to avoid potential criminal liability.

If you are a Muslim leader, activist or scholar working with a foreign principal, retain legal counsel. You need to know if registration is required. If it is necessary, and it often will be, provide a fulsome disclosure and keep updating it. You can be sure there will be at least a few Muslims reading it. 

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A Closer Look At The Congressional Hearing on Human Rights in South Asia

Hena Zuberi

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Kashmir hearing in Congress
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Expectations on Capitol Hill were pretty low going into the House Subcommittee on Asia, the Pacific and Nonproliferation’s historic hearing on “Human Rights in South Asia”. Previously, hearings on India have not been critical and the Kashmiri Muslim point of view has not been discussed.

Chairman of the sub-committee Brad Sherman (D-CA) wasted no time setting the stage for where he wanted to go with this hearing, stating, ”the entire world is focused today on what is happening in Kashmir.” He also pointed to the state of the 2 million-minority population in Assam. Missing from his opening statements were remarks on the state of the rest of the minorities in India, esp. Christians, Sikhs, Dalits, and Muslims. Ranking member Ted Yoho (R-FL) was soft on the gross realities of the occupation, highlighting one case of a Kashmiri constituent, and referred to the abrogation of Article 370 as an internal matter of India. He also brought up the Indian talking point of economic progress in the region but this concept was thoroughly dismissed by later testimony and Q&A.

The State department veteran Alice Wells, Acting Secretary on South and Central Asian Affairs seemed woefully ill-prepared for the critical nature of the hearing. Both Wells and Assistant Secretary for Human Rights Destro could not or did not present solid facts and figures about detention and tried to explain away the oppression as “inconveniences”. They were unable to comment or provide clarity on the situation on the ground in Kashmir, with Destro saying, “we are in the same information blackout as you are.” Some of Sec. Wells’s comments were of direct Indian government persuasion.

Several of Justice For All’s talking points were raised during the hearing.

There was commentary on the National Register of Citizens (NRC) in Assam. Congresswoman Ilhan Omar asked about the anti-Muslim program. She questioned the panel on the public statements by Indian officials that only Muslims have to prove their birth records. Rejecting the notion that a democratic ally cannot be policed, she said that the United States does that in many situations and “this should not be an exception.”The human rights abuse doesn’t cease to exist even if it is the law. Is it consistent with international human rights?” asked Chairman Sherman, along the same lines.

Destro observed that the appeals process “may disadvantage poor and illiterate populations who lack documentation”. “We are closely following this situation and urge the Government of India to take these issues into consideration,” he added.

”The human rights abuse doesn’t cease to exist even if it is the law. Is it consistent with international human rights?” asked Chairman ShermanClick To Tweet

Wells testified that “violence and discrimination against minorities in India, including cow vigilante attacks against members of the Dalit and Muslim communities, and the existence of anti-conversion laws in nine states” are not in keeping with India’s legal protections for minorities.

Congresswoman Alice Spanberger, (D-VA) a former CIA intelligence officer, asked whether India has shared examples of terror attacks and incidents that have been thwarted due to the communications blockade. When Wells stated that she could not comment, Spanberger asked for a classified hearing so that US officials could give their assessment on the validity of the national security argument of the Indian government. Chair Sherman associated himself with her questioning and vowed to take her suggestion seriously.

Chairman Brad Sherman, as well as several other Congresspeople both on and off the House Foreign Relations Committee, asked several pertinent and critical questions.

Questioning the Indian Government narrative Chairman Sherman asked if the United is “supposed to trust these government of India officials when the government of India doesn’t allow our diplomats to visit?” Representative Sheila Jackson asked if reputable Indian diplomats or journalists had ever been denied entry into any state in the United States?

Indian American Congresswoman Pramila Jayapal (D-WA) referred to a report about the detention of dozens of children in Kashmir and said detention without charges is unacceptable. She expressed her concerns about religious freedom in India and said that she proposes to bring a bipartisan resolution in Congress.

Sheila Jackson Lee of Texas and David Cicilline of Rhode Island both had a heavy human rights approach to the questioning. Congresswoman Lee asked Assistant Secretary Destro if he would describe the situation as a “humanitarian crisis,” Mr Destro said, “Yes, it is.” She then went on to call the United States government to stop a potential genocide.

Washington has not changed its stance on the designation of the Line of Control. Chairman Sherman brought up the issue of disputed territory to the State Department.“We consider the Line of Control (LoC) a de facto line separating two parts of Kashmir,” answered Wells. “We recognize de facto administrations on both sides of LoC.”

The subcommittee focused on personal testimonies as well as human rights organization Amnesty’s testimony during the second half of the hearing.

Though no Kashmiri Muslims testified, the panel presented electrifying testimonies from Dr. Nitasha Kaul, a Kashmiri and Dr. Angana Chatterji, an anthropologist at the University of California, Berkeley. Bearing witness to the rising fascism and Hindu nationalism’s grip on India, both witnesses brought up beef lynchings, with Chatterji raising the concern of the genocidal inclinations of the Modi government. 

“Hindu majoritarianism – the cultural nationalism and political assertion of the Hindu majority – sanctifies India as intrinsically Hindu and marks the non-Hindu as its adversary. Race and nation are made synonymous, and Hindus –the formerly colonized, now governing, elite – are depicted as the national race,” said Dr. Chatterji.

Kashmiri witness Dr. Nitisha Kaul stated in her testimony that “human rights defenders, who were already under severe pressure, since August 5 are unable to function in Kashmir. For instance, every year on 30 August, the UN Day of the Victims of Enforced Disappearance, Association of Parents of Disappeared Persons led by Ms Parveena Ahangar, organises a vigil protest involving hundreds of elderly women and men whose sons had become victims of for instance, in the most recent parliamentary elections, the voters’ turnout was very low and in many booths, not a single vote was cast.”

Kaul emphasized the extension of the oppression, by highlighting that this year the peaceful gathering of elderly parents mourning and waiting for their disappeared sons was not allowed. She shared Ahanga’s quote: “This year we have been strangled, and there was no coming there was no coming together because, through its siege, India has denied us even the right to mourn.”

Ilhan Omar challenged Indian journalist Aarti Tikoo Singh’s take that the siege was in place to save Muslim women from “terrorists.” This is a trope that is often used to wage war and is especially used in the so-called “war on terror.” “It is a very colonial move on the part of the nation-states around it as if they are “liberating Kashmiri women,” said Dr. Kaul.

Chatterji bore witness to the woes of Kashmiri women who bear the brunt of the Indian occupational forces’ sexual brutality. “The woman’s body becomes the battlefield,” she said replying to a question by Congresswoman Houlahan from Pennsylvania. Dr. Kaul stated that the 1944 new Kashmir manifesto contained an entire section on gender rights. She spoke on the equity and equality in Kashmir: “They go to protests. Women become heads of households because of dead husbands.”

She also reminded the committee that BJP’s Amit Shah, also part of the government in 2002 and responsible for the program on Muslim community stated that Western human rights cannot be blindly applied here in India.

Representative Wild from Pennsylvania asked why the Indian government would not allow transparency. When human rights organizations and journalists can work in active war zones, she rejected the anti-terrorism narrative pushed by Ravi Batra, a last-minute BJP addition to the panel. “When there isn’t transparency something is being hidden and this is what really concerns me terribly,” said Wild.

A Sindhi-American witness spoke on minority rights in Pakistan, especially the forced conversion of Hindus. This is a concern that needs to be tackled by Muslims as there is no compulsion in Islam and is antithetical to the religion.

During the hearing, Amnesty International reported thousands in detention under the Public Safety Act while the State Department numbered it at hundreds. Dr. Asif Mahmoud, a key organizer, presented the health situation in Kashmir.

The overall situation of the Rohingya was covered and links were made to the start of the genocide in Burma and the parallels in India. The members of the House referred to it as genocide with the State Department still calling it ethnic cleansing.

Although the hearing focused on the current state of Jammu and Kashmir and not much was brought up about self-determination or the plebiscite, Kashmiri-Americans and their supporters left the hearing room satisfied that their voices were heard for the first time in the halls of the US Congress.

What was most concerning point of the entire hearing was that Kashmir was not brought up categorically as disputed territory and the issue was referred to as an integral matter of India. This needs deep, consistent and long-term work by advocates of Kashmir. With the continuous rise of RSS, Indian minority issues need a much sharper focus, and a regular pounding of the pavements of Congress to educate the Foreign Relations committees.

Some action items for American Muslims post-hearing.

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What We Should Know About The Slaying Of An Imam 10 Years Ago In Dearborn

Dawud Walid, Guest Contributor

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informant jibril imam Luqman
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October 28, 2019 marks 10 years since the tragic homicide of Imam Luqman Ameen Abdullah who was shot 20 times in Dearborn, Michigan by a special FBI tactical squad. The homicide of Imam Abdullah was the culmination of the FBI spending over a million dollars in a so-called counterterrorism investigation which included rental of a commercial warehouse and freight trucks, the purchase of expensive electronic items and payment to at least 3 confidential informants. The raid on that fateful day in which Abdullah was killed and some of his congregants were arrested had nothing to do with terrorism-related charges, yet the imam and by extension the Detroit Muslim community was smeared in the process.

The FBI and the Department of Justice (DOJ) claimed that agents were compelled to kill Abdullah because he purportedly shot a law enforcement canine during the arrest raid. CAIR-Michigan filed a lawsuit against the FBI for wrongful death and fraud in this matter because there was no forensic evidence that corroborated that Abdullah had a firearm much less shot an FBI dog, which the bureau considered a law enforcement officer. There were no proofs provided that any gunpowder was on Abdullah’s hand or fingertips which would have existed if he had fired a gun, and none of his DNA nor fingerprints were found on the alleged gun. In fact, there was not even a picture of a gun at the scene nor did the Dearborn Police see any gun. The FBI blocked the Dearborn Police from entering the scene of the homicide for over an hour after the shooting which allowed the FBI special tactical team to leave with the purported firearm. In other words, the shooters of Abdullah, who headed back to DC without even being questioned by the Dearborn Police, are the only source that he had a gun. We believe that the FBI used what is known as a throwaway gun in a coverup when they killed the imam.

To add insult to injury that tragic day when Abdullah was shot 20 times including in the back and groin, law enforcement used their helicopter to fly the injured FBI dog, which was most likely shot by friendly fire, to a veterinarian hospital instead of using it to fly the imam to a close-by hospital. When the Special Agent in Charge of the FBI in Michigan and the Acting US Attorney held a press conference about the incident, it was followed up later with special recognition for “Freddy” the FBI dog while the imam was painted as a type of extremist who wanted to establish sharia in the Westside of Detroit.

To add insult to injury that tragic day when Abdullah was shot 20 times including in the back and groin, law enforcement used their helicopter to fly the injured FBI dog, which was most likely shot by friendly fire, to a veterinarian hospital instead of using it to fly the imam to a close-by hospital.Click To Tweet

The lawsuit which we filed against the FBI was dismissed not because of the merits of our arguments but due to the federal government during the Obama administration suppressing information. The FBI would not release the names of their shooting squad which forced us to name them as John Does. The DOJ countered that we did not have standing on behalf of the family because we did not name actual persons. When we refiled using the names of the Special Agent in Charge and the head of the tactical team, neither who were actual shooters, the DOJ argued that the statute of limitations ran out in our complaint. We submitted an appeal to the US Supreme Court regarding the coordinated suppression of evidence; however, our appeal was denied. We still hold to this day that the FBI wrongfully killed the imam which was followed up by a systematic coverup.

Since the homicide of Abdullah, we now know that government surveillance against the Muslim community and the suspected terrorist watchlists grew tremendously during the Obama years in comparison to the Bush era. Also, the Countering Violent Extremism (CVE) which further targeted the community began under the Obama administration. Government spying and the broad usage of confidential informants, some who act as agent provocateurs, in our community are still concerns of ours. Where Americans pray or who we associate with that may have unpopular political views should not be predicates for FBI surveillance. In many cases, this has led to young American Muslims being criminalized. For Imam Abdullah, it led to his demise.

During the 10th anniversary of this tragedy, I ask us all to recommit ourselves to standing for the civil liberties of all Americans to not be mass surveilled and for none of us to aid and abet any governmental programs that facilitate of the violation of our 1st Amendment rights falsely in the name of public safety and national security. Click To Tweet

As my mentor, the late Ron Scott with the Detroit Coalition Against Police Brutality said when he stood with us in this case, “We are not anti-police; we are anti-law enforcement misconduct.” It is not our position that law enforcement be completely abolished. We are, however, against the unethical usage of informants which is part and parcel of the prolific history of the FBI in targeting prominent Americans such as Malcolm X and Muhammad Ali, whose religious and political views were viewed as threatening by the status quo. During the 10th anniversary of this tragedy, I ask us all to recommit ourselves to standing for the civil liberties of all Americans to not be mass surveilled and for none of us to aid and abet any governmental programs that facilitate of the violation of our 1st Amendment rights falsely in the name of public safety and national security. We never want to see another homicide such as what took place to Imam Luqman Ameen Abdullah due to overzealous actions predicated upon misguided FBI policy.

Photo: Luqman Abdullah, second from left. FBI informant “Jibril,” third from left. Credit: Intercept

21 Shots and the Pursuit of Justice: An Imam (Luqman Ameen Abdullah) Dies in Michigan

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