RUTHFULLY YOURS

Last June, the jihadist terrorist Omar Mateen opened fire at a gay night club in Orlando, Florida, killing 49 and wounding several other revelers. It quickly became clear that Mateen was yet another “known wolf” – the term popularized by my friend and colleague Patrick Poole to describe the frequent phenomenon of terrorists who manage to plot and strike against the West notwithstanding that their patent radicalism has put them on the radar screen of law-enforcement and intelligence agents.

I have long argued that the cause of this phenomenon is the restrictions on common sense placed on our agents by political correctness, which essentially blind them to the well-known but rarely acknowledged progression from Islamic scripture to sharia-supremacist ideology (what we call “radical Islam”), to enclaves populated by adherents and sympathizers of this ideology, and inevitably to jihadist terror. This iteration of political correctness has been the backbone of Obama administration counterterrorism strategy, known as “Countering Violent Extremism” (CVE). Shortly after the Orlando attack, I delivered a speech at the Westminster Institute – entitled, “Defenseless in the Face of Our Enemies” – in which I addressed CVE. The new Trump administration is in the process of formulating its own counterterrorism strategy. Below, for what it may be worth, is the portion of my speech that addressed CVE:

Of the nearly 36,000 people who work for the FBI, fewer than 14,000 are investigative agents. National security is a crucial part of the Bureau’s portfolio, but the FBI is statutorily the lead investigative agency in virtually every category of criminal offense in federal law. At most, there are a couple thousand agents assigned full-time to counterterrorism. Those numbers are multiplied somewhat by joint federal-state efforts — the Joint Terrorism Task Forces in several metropolitan areas across the nation. Even so, because the Bureau is an intelligence agency as well as a law-enforcement agency, there are over a thousand terrorism investigations ongoing at any one time. The FBI director indicates that there is activity that must be monitored in all 50 states. Unless there are flashing neon signs of imminent attack, the small number of investigators can only spend so much time on any one suspect.

Of course, that time can be maximized, or wasted, depending on whether investigators know what they’re looking for . . . and whether they are permitted to look for it.

Clearly, the FBI spent a lot of time on Mateen. It sent confidential informants to interact with him, conducted physical surveillance, covertly monitored some of his phone calls, and interviewed him face-to-face three separate times. It concluded that his bark was bad, but his bite was non-existent. Honoring guidelines imposed on terrorism investigations, the FBI closed its case. That is, in addition to concluding that no charges should be filed, the Bureau further decided that additional monitoring of Mateen was not warranted.

In retrospect, this seems reckless. But the FBI is not incompetent, far from it. The agency knew Mateen was worth a heavy investigative investment. The problem is that the FBI answers to the Washington political class. The bipartisan Beltway has long ruled that advocacy of radical Islam is protected by the Constitution. It has long instructed its investigators, preposterously, that seditious beliefs and agitation are immune, not just from prosecution, but even from mere inquiry.

What passes for Obama’s national-security strategy, known as “Countering Violent Extremism,” exacerbates this problem. CVE delusionally forbids the conclusion that radical Islamic ideology has any causative effect on terrorist plotting. The FBI is in the impossible position of trying to conduct investigations that follow the facts wherever they lead, while fearing that such investigations — by illuminating the logical progression from Islamic scripture to sharia supremacism to jihadist terror — will enrage its political masters.

Understand: Nothing in the Constitution mandates this suicidal betrayal of national security. It flows from Washington’s lunatic concoction of an imaginary Islam — a belief system the sole tenets of which are peace and anti-terrorism. President Obama and the counsel he keeps (many of whom are connected to insidious Islamist organizations tied to the Muslim Brotherhood) insist this “anti-terrorist” “Religion of Peace” is the only viable interpretation of Islam. We are not just to believe, we are pressured to endorse, the fantasy that sharia supremacism is a “false Islam.” Its palpable mainstream status in the Middle East and elsewhere is not to be spoken of.

The FBI is bound by guidelines promulgated by the Justice Department, most of which have been in place since the administration of President George W. Bush. They impose a caveat on every investigation:

These Guidelines do not authorize investigating or collecting or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States.

On its face, this admonition should not be problematic. It instructs that agents may not investigate for the sole purpose of monitoring activities protected by federal law. Consequently, if agents have other legitimate purposes for investigating — such as preventing terrorist attacks or probing terrorism conspiracies — the Justice Department guidance is no bar to conducting an investigation in which a mosque or a protest rally may foreseeably come under scrutiny.

Political dissent and the exercise of religion are protected by the First Amendment. But this is a protection against being prosecuted merely for one’s words or religious observance. It is not a shield against investigation for criminal activities that are motivated by religious or political belief.

Not only may one be investigated and prosecuted for criminal offenses that are motivated by one’s beliefs or speech; it has long been the law that evidence of one’s beliefs and speech, which is often highly relevant to proving criminal intent, may be admitted in a prosecution for such offenses.

Simply stated, if you are a Muslim who believes sharia law must be imposed on society, and you tell people that Allah commands the commission of violent jihad to impose sharia, that belief and statement are admissible evidence if you are charged with bombing or terrorism conspiracy crimes. You are not being prosecuted for what you believe or what you said; you are being prosecuted for the crimes. The beliefs and statements are evidence of your state of mind — just as they are in all kinds of criminal cases beyond terrorism.

That being the case, there is nothing inherently wrong with, much less constitutionally offensive about, the concept that radical religious or political beliefs should trigger investigations. That is especially the case if those beliefs are conveyed by aggressive language, or by association with other radicals or mosques known to endorse jihadism.

Here’s an important principle we must get right: It cannot be that evidence an investigator may use to prove guilt of terrorism offenses is somehow insulated from an investigator’s suspicions about potential terrorism offenses. The goal of counterterrorism is supposed to be the prevention of jihadist attacks, not the hope that there may be a living terrorist or two still around to be indicted and tried only after Americans have been murdered.

In law enforcement, however, what matters most is not what the law allows investigators to do. It is what the investigators’ superiors allow them to do.

That brings us to “Countering Violent Extremism.” In essence, CVE holds that terrorism has nothing to do with Islam, or even with Islamist ideology that reviles the United States. President Obama has conclusively proclaimed: “Muslim American communities have categorically condemned terrorism” — end of discussion . . . as if that were an incontestable proposition or one that told the whole story.

Thus, the administration narrative continues, the real threat to our security is not Muslim terrorist plots against us but our provocation of Muslims. By the Obama administration’s lights, our national-defense measures following the 9/11 attacks have conveyed the misimpression that America is at war with Islam.

Remember, we’re in Fantasy Land, so we’re not supposed to pause at this point to ask: What, then, prompted the 9/11 attacks in the first place? What prompted the increasingly audacious series of attacks from the 1993 bombing of the World Trade Center to the 2000 bombing of the U.S.S. Cole — all during those sensitive, Islamophilic Clinton years when, we’re to believe, jihadists didn’t think America was “at war with Islam”?

Instead of asking such impertinent questions, we are simply to accept the president’s say-so that the key to our security is to “partner” with the leadership in Muslim communities — much of which just happens to be tied to or heavily influenced by the Muslim Brotherhood.

In a major 2007–08 prosecution (the Holy Land Foundation case), the Justice Department proved that the Brotherhood financed the Hamas terrorist organization to the tune of millions of dollars. That same Muslim Brotherhood is the main subject of my 2010 book, The Grand Jihad. The title is lifted from an internal Brotherhood memo seized by the FBI and presented at the Holy Land trial — a memo in which Brotherhood honchos stationed in the United States explained that their mission here is a “grand jihad” to “eliminate and destroy Western Civilization from within” — by “sabotage.”

Under CVE, we are to let our Islamist “partners” train the police, and let them be our eyes and ears in Muslim communities. Because we all share the same interests, you see, we should rest assured that these Islamist leaders will alert us if there is any cause for concern.

Makes perfect sense, right?

If it is possible, the practice of CVE is even more of a national-security disaster than the theory. This is probably best documented by my friend Stephen Coughlin in a recent and essential book: Catastrophic Failure: Blindfolding America in the Face of Jihad.

Apart from being an exceptional lawyer, Steve is a trained military intelligence officer who has studied our enemies’ threat doctrine, Islamic supremacism. Again, to be precise, it may be best to call it “sharia supremacism” because it reflects the classic sharia-based Islam that is mainstream in the Middle East. Catastrophic Failure is about how the United States government has systematically stifled the study of this doctrine since before 9/11. CVE is the paragon illustration of how the Obama administration has exacerbated this catastrophic failure — a failure that I have branded “willful blindness” since first encountering it as a prosecutor two decades ago.

As Coughlin demonstrates, CVE is no secret. For example, the Department of Homeland Security’s Office for Civil Rights and Civil Liberties — which is every bit as radical as the infamous Civil Rights Division in the Obama Justice Department — has worked with the National Counterterrorism Center to develop government-agency training programs that “bring together best [CVE] practices.”

One product of this effort is a handy two-page instruction document of CVE “Do’s and Don’ts.” The “Don’ts” tell agents to avoid, among other things, “ventur[ing] too deep into the weeds of religious doctrine and history” or examining the “role of Islam in majority Muslim nations.” The guidance further admonishes:

Don’t use training that equates radical thought, religious expression, freedom to protest, or other constitutionally protected activity, with criminal activity. One can have radical thoughts/ideas, including disliking the U.S. government, without being violent; for example, trainers who equate the desire for Sharia law with criminal activity violate basic tenets of the First Amendment.

As we’ve already observed, this interpretation of the First Amendment is patent rubbish. Again, there is no free-speech protection against having one’s words examined for intelligence or investigative purposes. Free-expression principles protect Americans against laws that subject speech to penalty or prosecution — a protection, by the way, that the Obama administration seeks to deny to speech unflattering to Islam, under a UN resolution it jointly sponsored with several Islamic nations.

In sum, Obama’s CVE strategy expressly instructs our investigators to consider only violent or criminal conduct. They are told to ignore radical ideology, particularly if it has the patina of “religious expression.” They are directed to turn a deaf ear to anti-Americanism and the desire to impose sharia, which just happens to be the principal objective of all violent jihadists, and of the Obama administration’s oft-time consultants, the Muslim Brotherhood.

Our agents, furthermore, are cautioned to avoid doing anything that smacks of subjecting particular groups to heightened scrutiny. After all, that might imply that terrorism committed by Muslims has some connection to Islam — specifically, to the undeniable, unambiguous commands to violent jihad found in Muslim scripture.

Obviously, this CVE guidance is exactly what our investigators follow when they consciously avoid scrutinizing jihadist social-media postings by visa applicants from Muslim-majority countries — such as Tashfeen Malik. She was the Pakistani immigrant who joined her jihadist husband, Syed Farook, in carrying out last December’s mass-murder attack in San Bernardino (in which 14 people were killed and dozens wounded).

There is nothing secret about CVE. Willful blindness is right there in black and white.