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Manufacturing the Muslim Menace - Political Research Associates

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Brooke Goldstein, director of The Lawfare Project, addressing<br />

conference attendees in 2010.<br />

Photo by Peter Halmagyi<br />

Private Firms, Public Servants, and <strong>the</strong> Threat to Rights and Security<br />

becomes warfare when used to oppose Islamophobia<br />

or assert <strong>Muslim</strong>-Americans’ civil rights.<br />

According to The Lawfare Project, a group led by<br />

one-time SSI guest speaker attorney with <strong>the</strong> Middle<br />

East Forum Brooke Goldstein, “lawfare” denotes<br />

“‘<strong>the</strong> use of law as a weapon of war’ or more specifically,<br />

<strong>the</strong> abuse of <strong>the</strong> law and judicial systems to<br />

achieve strategic military or political ends.” 265<br />

Counterterrorist trainers claim that this<br />

“Lawfare” frame is relevant to law enforcement officials<br />

because civil rights advocates manipulate <strong>the</strong><br />

legal system. Fur<strong>the</strong>r, this frame claims that civil<br />

rights groups use accusations of hate speech to prevent<br />

Americans from learning <strong>the</strong> truth about <strong>the</strong><br />

global Islamic threat. Thus, this “Lawfare” frame is<br />

used to justify Islamophobic speech. Steven Emerson<br />

wrote in 1993, for example, “<strong>Political</strong> correctness<br />

enforced by American <strong>Muslim</strong> groups has limited<br />

<strong>the</strong> public’s knowledge about <strong>the</strong> spread of radical<br />

Islam in <strong>the</strong> U.S.” 266<br />

The “Lawfare” frame can be used to attack public<br />

advocacy for fair trials of accused terrorists. Emerson<br />

criticizes civil rights and advocacy groups who stand<br />

up for <strong>the</strong>ir members when <strong>the</strong> government accuses<br />

<strong>the</strong>m of wrongdoing, often against waves of negative<br />

publicity and presumed guilt for anyone arrested on<br />

terrorism-related charges. He derides such “pressure<br />

tactics” as “proclaiming <strong>the</strong> innocence of <strong>the</strong> government’s<br />

target,” “writing press releases and holding<br />

press conferences to that effect,” and denouncing<br />

investigations and arrests as “anti-<strong>Muslim</strong> witch<br />

hunts.” 267 Emerson appears to have little tolerance<br />

for even <strong>the</strong> small number of voices of dissent opposing<br />

<strong>the</strong> U.S. government’s often pre-emptive<br />

prosecutions:<br />

CAIR, and groups like it, has <strong>the</strong> ability to<br />

poison jury pools and to pull <strong>the</strong> wool over<br />

<strong>the</strong> eyes of some lazy members of <strong>the</strong><br />

media, giving <strong>the</strong> impression that <strong>the</strong>re is<br />

some kind of focused effort by law enforcement<br />

authorities to target innocent<br />

<strong>Muslim</strong>s, ra<strong>the</strong>r than an effort to safeguard<br />

American citizens against actual and legitimate<br />

threats from Islamic radicals. 268<br />

Contrary to Emerson’s worry that jury pools are<br />

being “poisoned” to view <strong>Muslim</strong>s favorably, scientific<br />

data show strong anti-Arab and anti-<strong>Muslim</strong> biases<br />

among potential jurors. 269<br />

Moreover, Emerson blames CAIR and similar<br />

groups for “radicalizing <strong>the</strong> domestic <strong>Muslim</strong> population”<br />

by repeatedly claiming “that such prosecutions<br />

amount to <strong>the</strong> federal government’s engaging<br />

in what CAIR calls a ‘war on Islam’”—as if <strong>the</strong> government’s<br />

prosecutions <strong>the</strong>mselves do nothing to<br />

exacerbate that perception. 270<br />

Security Solutions International has used<br />

“Lawfare” to characterize criticism<br />

of its trainings as a form of terrorism.<br />

When SSI advertised its course<br />

on “Middle Eastern Culture and<br />

Terrorist Strategies” in March 2010,<br />

it included “<strong>the</strong> Legal wing of Jihad<br />

in America.” 271 The title of this subtopic<br />

alone raises <strong>the</strong> question of<br />

why public dollars are spent training<br />

law enforcement to treat “legal”<br />

activity as a “radical threat.”<br />

SSI proclaims itself a victim of “Lawfare, a New<br />

Kind of Jihad.” CEO Solomon Bradman complained,<br />

What use is <strong>the</strong> training we have provided<br />

more than 500 government agencies if<br />

groups like this are allowed to get away with<br />

being a Fifth Column in <strong>the</strong> USA our First<br />

Responders will be weakened; we will fight<br />

this strategy of using <strong>the</strong> laws of <strong>the</strong> freest<br />

democratic country on Earth and exploiting<br />

our own freedoms to help terrorists. 272<br />

Speaking in 2009, SSI trainer Ebrahim Ashabi<br />

associated terrorism with “on-going threats of lawsuits<br />

against police and o<strong>the</strong>r law enforcement agencies<br />

that offer counter terrorism and race awareness<br />

training programs as means of intimidating police<br />

departments to stop training programs.” Ashabi<br />

explained that “CAIR is a serious threat to U.S. safety”<br />

and that <strong>the</strong> organization continues to permeate<br />

POLITICAL RESEARCH ASSOCIATES<br />

“Lawfare” utilizes<br />

a kind of Orwellian<br />

double-speak in which<br />

“terrorism” is not <strong>the</strong><br />

use of terror, but <strong>the</strong><br />

use of legal procedures.<br />

45

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