Muslims sue FBI for religious discrimination over surveillance, FBI claims it has secret reasons for its acts



Republished below in full unedited for informational, educational, & research purposes.

The FBI should be able to give some idea of what it has without compromising national security. Even just a few years ago I would have been completely supportive of their position, particularly in light of the participation of the Hamas-linked Council on American-Islamic Relations (CAIR) on the other side, which makes this look like just another bogus claim of victimhood. But 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 the jihadis 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, it shouldn’t be made to reveal compromising information, but it has no right to call for trust when it has betrayed trust so frequently.

“FBI Claims Secret Evidence Trumps Religious Discrimination Charges in Domestic Spying Case,” by Sanya Mansoor, Time, June 8, 2023:

Before Irvine, Calif. had its own mosque, Muslims would gather at Ali Malik’s home for nightly prayers during Ramadan. But after an FBI informant pretended to be a convert and spied on Malik’s lay congregation—and more than half a dozen Southern California mosques, as well, in the mid-2000s—trust within the community eroded. Malik’s family pulled back. The communal prayers came to an end. “We became closed off and afraid of reaching out,” he says.

Shocked by the experience, Malik and two other plaintiffs sued the FBI, accusing the agency of religious discrimination and unlawful government surveillance. But more than a decade later, the U.S. justice system is still wrestling with whether government secrecy trumps such claims of religious discrimination in domestic national security cases.

Malik’s case, FBI v. Fazaga, came before the U.S. Court of Appeals for the Ninth Circuit on Thursday. 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. “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,” the FBI has said, in legal filings.

The plaintiffs argue that they don’t need secret evidence to win their argument and that the case should proceed without this information; the religious discrimination claims should not be entirely dismissed, they say. The government has so far not invoked the state secrets privilege for allegations of unlawful surveillance. The plaintiffs are represented by attorneys from the ACLU SoCal, the Center for Immigration Law and Policy at UCLA School of Law and the Council on American-Islamic Relations of Greater Los Angeles.

Mohammad Tajsar, senior staff attorney at ACLU SoCal, says that since 9/11, the government has repeatedly deployed the state secrets defense to kill cases. “It has basically prevented judicial oversight over a whole bunch of desperately abusive national security related policies—things like warrantless wiretapping and extrajudicial assassination,” he says.

Since 9/11, the government’s use of the state secrets privilege has increased dramatically. A 2008 congressional report found that the Bush administration raised the privilege in over 25% more cases per year than previous administrations had, and sought dismissal in over 90% more cases. “There are serious consequences for litigants and for the American public when the privilege is used to terminate litigation alleging serious Government misconduct,” the report stated. “For the aggrieved parties, it means that the courthouse doors are closed—forever—regardless of the severity of their injury.”…

A lot of evidence about the FBI’s surveillance of Malik and his co-plaintiffs is already publicly available. Much of it details the activities of the pretend convert, a longtime informant for the bureau named Craig Monteilh and is drawn from Monteilh’s own sworn declarations, media reports and statements from FBI agents in other cases. 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. The FBI dubbed the surveillance program “Operation Flex”—a nod to Monteilh’s strategy of using workout tips to befriend young Muslim men….

“There are a number of intermediate options between ‘the case can’t go forward’ and ‘everyone gets to see everything,’” says David Pozen, a law professor at Columbia University and expert on government secrecy. The federal bill would have made it so only the judge could see evidence in some cases; in others, the plaintiffs’ counsel could see the evidence with a security clearance and the requirement that they could not take it home….

CCP Invasion? Border Patrol Catches 13K Chinese Migrants, Numbers Climbing

CCP Invasion? Border Patrol Catches 13K Chinese Migrants, Numbers Climbing



Republished below in full unedited for informational, educational, & research purposes.

Is the Chinese Communist Party (CCP) invading the U.S.? The number of Chinese migrants entering the U.S. this fiscal year has increased by more than 1000%, with a significant number of them being military-age males.

More than one expert has suggested this could be a military invasion of the CCP, with CCP plants exploiting the border crisis to enter the United States. With the CCP becoming increasingly aggressive and hostile toward the U.S., the Biden administration should be increasing national security, not facilitating the border crisis.

Breitbart reported June 10:

Since the beginning of Fiscal Year 23 on October 1, 2022, Border Patrol agents along the U.S.-Mexico border apprehended nearly 13,000 Chinese migrants. The number represents a more than 1,000 percent increase in migrants from the communist regime when compared to the previous year’s totals…

Approximately 84 percent of the migrants from the PRC [People’s Republic of China] are single adults. After processing by the Border Patrol, most are released to pursue asylum claims in the United States.

A previous on-the-scene report showed that hundreds of Chinese migrants are military-age men.

Dr. Kenneth Allard, a retired Army Colonel, former intelligence officer, and former Dean of Students at the National War College, told Breitbart that the CCP is likely exploiting the Biden administration’s weakness and the southern border crisis. “Totalitarian governments like China are great exploiters of opportunity,” Dr. Allard explained. “They recognize weakness and capitalize on it immediately. What we are seeing reflects a deliberate policy choice by the regime.” He added of Joe Biden that “it’s obvious he is not entirely in control at present, China realizes that as well.”

Allard, as not only a former intelligence officer but former special assistant to the Army Chief of Staff, is worried at how little intelligence seems to be gathered on the influx of Chinese migrants.

Breitbart added:

What little information that is retrieved from the migrants would indicate most are fleeing the repressive regime due to the aftereffects of the extreme COVID-19 lockdowns imposed by Xi Jinping’s government. Another reason cited by the migrants is the negative economic effects of China’s strict COVID-19 policies regarding the exportation and importation of goods.

This is understandable if it’s true. It is also understandable that the U.S. should aim to help Chinese dissidents escape the oppressive CCP (though not by leaving the border wide open), but, to emphasize Allard’s point, does the Biden administration make any effort to find out if and how many of the migrants are possible CCP plants?