Willful Blindness and DHS Policy CVE Grant Program

Philip B. Haney, a founding member, Department of Homeland Security (DHS) Customs & Border Protection (CBP) and author of the must-read book See Something, Say Nothing

Last week I testified before the Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts at a hearing entitled, “Willful Blindness: Consequences of Agency Efforts To Deemphasize Radical Islam in Combating Terrorism.”

Philip Haney/Breitbart: I am a recently retired Customs & Border Protection (CBP) agent. I was named a Founding Member of the Department of Homeland Security (DHS) at its inception on March 01, 2003. During my 12 years serving inside DHS under two administrations, I witnessed a series of events which ultimately prompted me to become a whistleblower, releasing critical documents to Members of Congress as I felt necessary to comply with my oath to the Constitution.

First, in January of 2008, I received what is now known as the “Words Matter Memo,” which was circulated internally by the Civil Rights and Civil Liberties (CRCL) division of DHS. The full title of the document was “Terminology to Define the Terrorists: Recommendations from American Muslims,” and it read in part:

 [T]he experts counseled caution in using terms such as, “jihadist,” “Islamic terrorist,” “Islamist,” and “holy warrior” as grandiose descriptions.

Collapsing all terrorist organizations into a single enemy feeds the narrative that al-Qaeda represents Muslims worldwide.

We should not concede the terrorists’ claim that they are legitimate adherents of Islam. Therefore, when using the word [Islamic], it may be strategic to emphasize that many so-called “Islamic” terrorist groups twist and exploit the tenets of Islam to justify violence and to serve their own selfish political aims.

Regarding jihad, even if it is accurate to reference the term (putting aside polemics on its true nature), it may not be strategic because it glamorizes terrorism, imbues terrorists with religious authority they do not have, and damages relations with Muslims around the globe.

I submitted a seven-point response listing serious substantive concerns about this memo, but received no response.

On November 24, 2008, a decision came down in the Holy Land Foundation (HLF) trial, the largest terror financing case in American history. During that trial, the federal government had established that a number of organizations were appropriately named as unindicted co-conspirators along with HLF, including the Council on American Islamic Relations (CAIR), the Islamic Society of North America (ISNA), and the North American Islamic Trust (NAIT).

Specifically, the judge ruled that federal prosecutors had “produced ample evidence to establish the associations of CAIR, ISNA and NAIT with HLF… and with Hamas.” In addition, the judge ruled that that these organizations had direct links to the Muslim Brotherhood, one of the oldest and largest Islamic fundamentalist organizations in the world, founded in 1928 in Egypt to reestablish the Caliphate, whose motto includes “Jihad is our way, and death in the service of Allah is the loftiest of our wishes.”

I made note of the decision, and explored links between these groups and potential extremist and terrorist activity. But on October 15, 2009, I was ordered by DHS to ‘modify’ linking information in about 820 subject records in the Treasury Enforcement Communications System, or “TECS records” to remove ‘unauthorized references to terrorism.’ I was further ordered not to input any more Memoranda of Information Received, or MOIRs, to create no more TECS records, and to do no further research on the topics I was exploring.

On November 5, 2009, at Ft. Hood, Texas, Nidal Hasan shot and killed 13 people, including one who was pregnant, and wounded 32 others, while calling out “Allahu akbar!” meaning “God is great” in Arabic.

Hassan was a U.S. Army major who had exchanged emails with leading al Qaeda figure Anwar Awlaki – which the FBI had seen and decided not to take action – in which he asked whether those attacking fellow U.S. soldiers were martyrs. He had also given a presentation to Army doctors discussing Islam and suicide bombers during which he argued Muslims should be allowed to leave the armed forces as conscientious objectors to avoid “adverse events.” The Pentagon refused for five years to grant victims Purple Hearts, designating the attack “workplace violence.”

On January 27-28, 2010 an ‘Inaugural Meeting’ occurred between American Muslim leaders and DHS Secretary Janet Napolitano, hosted by DHS CRCL. The Inaugural Meeting created controversy because it included a number of Islamic fundamentalist individuals and organizations.

For instance, the meeting included at least one organization that was named as an unindicted co-conspirator in the 2008 HLF Trial and established to have associations with the now-shuttered HLF and with Hamas, namely ISNA. According to the Investigative Project on Terrorism (IPT), the group’s representative who attended the meeting, Ingrid Mattson, has “an established pattern of minimizing the nature of extremist forms of Islam and rationalizing the actions of Islamist terrorist movements.” Another invited group, the Muslim American Society (MAS), was actually formed as the United States chapter of the Muslim Brotherhood in 1993.

Likewise, in the Spring of 2010, the Administration convened the Countering Violent Extremism (CVE) Working Group under the authority of the Homeland Security Advisory Council (HSAC), again raising questions because of those named to it.

They included Omar Alomari, who once wrote that jihad was “the benign pursuit of personal betterment. It may be applied to physical conflict for Muslims, but only in the arena of Muslims defending themselves when attacked or when attempting to overthrow oppression and occupation,” asserting further that “”Jihad as a holy war is a European invention, spread in the West”; Mohamed Elibiary, who has asserted that it was “inevitable that [the] ‘Caliphate’ returns” and ultimately was let go from the HSAC amid charges he misused classified documents; and Dahlia Mogahed, who has decried “lethal cocktail of liberty and capitalism” and holds that “Islamic terrorism’ is really a contradiction in terms” to mainstream Muslims “because terrorism is not Islamic by definition.”

So by the Spring of 2010, we had come to the point that a CBP Officer was literally removing information connecting the dots on individuals with ties to known terror-linked groups from TECS, while the Administration was bringing the same individuals into positions of influence, to help create and implement our counter-terror policy, in the context of actual terror attacks taking place.

On August 30, 2011, the DHS Chief Council approved a project I initiated looking into Islamic fundamentalist group Tablighi Jamaat (TJ). On November 15, 2011, I began a temporary duty assignment at the National Targeting Center (NTC). A short time later, I was assigned to the Advanced Targeting Team, where I worked exclusively on the TJ Project, which was quickly upgraded to a global-level case.

On March 15, 2012, seven lawyers and three senior executive service (SES) administrators met with management personnel at the NTC to express concern for our focus on TJ, because it is not a designated terrorist group, and therefore the project might be “discriminating” against its members because they are Muslim. On June-July, 2012, the TJ Initiative was ‘taken in another direction,’ (i.e. shut down). The Administration took this action despite the fact that [1] in nine months, we had conducted 1,200 law enforcement actions, [2] I was formally commended for finding 300 individuals with possible connections to terrorism, and [3] 25% of the individuals in Guantanamo Bay had known links to Tablighi Jamaat.

On August 22, 2012, The Institute of Islamic Education (IIE) case that today links both the Darul Uloom Al-Islamiya mosque attended by Syed Rizwan Farook and Tashfeen Malik, the San Bernardino shooters, and the Fort Pierce mosque attended by Omar Mateen, the Orlando shooter, was entered into TECS. But once again, on September 21, 2012, all 67 records in the IIE case were completely deleted (not just ‘modified’) from TECS.

On September 21, 2014, I was relieved of my service weapon, all access to TECS and other programs was suspended, my Secret Clearance was revoked, and I was sequestered for the last 11 months of my career with no assigned duties.

On December 2, 2015, the San Bernardino shootings occurred, and I immediately linked the mosque in San Bernardino to the IIE case (with the 67 deleted records), and to the Tablighi Jamaat case (which was shut down).

On June 09, 2016, the Homeland Security Advisory Council Countering Violent Extremism (CVE) Subcommittee issued an Interim Report and Recommendations. The report recommended in part using American English instead of religious, legal and cultural terms like “jihad,” “sharia,” “takfir” or “umma.”

On June 12, 2016, the shootings in Orlando occurred, and I linked Omar Mateen’s mosque in Fort Pierce, FL to the IIE & TJ case. And on June 19, 2016, Attorney General Loretta Lynch announced that her Department of Justice would release redacted 9-11 call transcripts for Mr. Mateen.

The threat of Islamic terrorism does not just come from a network of armed organizations such as Hamas and ISIS, who are operating ‘over there’ in the Middle East. In fact, branches of the same global network have been established here in America, and they are operating in plain sight, at least to those of us who have been charged with the duty of protecting our country from threats, both foreign and domestic.

The threat we face today, which continues growing despite the willful blindness of those who insist on pretending otherwise, is not “violent extremism,” “terrorism,” or even “Jihad” alone, but rather, the historical and universally recognized Islamic strategic goal of implementing Shariah law everywhere in the world, so that no other form of government (including the U.S. Constitution) is able to oppose its influence over the lives of those who must either submit to its authority, become second-class citizens, or perish.

Ignoring that reality has arguably cost at least the lives of those in Ft. Hood, San Bernardino and Orlando, and will cost many, many more if it is allowed to continue.

FY 2016 Countering Violent Extremism (CVE) Grant Program

Department of Homeland Security: In December, 2015, Congress passed the Department of Homeland Security Appropriations Act, 2016 (Public Law 114-113). Sec. 543 of the Act and the accompanying Joint Explanatory Statement provided $10 million for a “countering violent extremism (CVE) initiative to help states and local communities prepare for, prevent, and respond to emergent threats from violent extremism.”

The Department of Homeland Security issued a notice of funding opportunity on July 6, 2016 announcing the new Countering Violent Extremism Grant Program, the first federal grant funding available to non-governmental organizations (NGOs) and institutions of higher education to carry out countering violent extremism programs.

These new grants will provide state, local and tribal partners and community groups—religious groups, mental health and social service providers, educators and other NGOs—with the ability to build prevention programs that address the root causes of violent extremism and deter individuals who may already be radicalizing to violence.

This initiative builds on Secretary Johnson’s September 2015 announcement of the creation of the Office for Community Partnerships. This Office has worked to take the Department’s CVE mission to the next level and find innovative ways to support local communities and address the evolving threat environment. This grant program supports that line of effort.

For an overview of the program and eligibility, please consult this Fact Sheet.

Interested applicants can view the Notice of Funding Opportunity and begin the application process.

Frequently Asked Questions can be found here.

Kate’s Law Blocked by Senate Democrats

Unfortunately Senator Toomey’s sanctuary city bill (S.3100) failed to receive the 60 votes needed to invoke cloture and move forward with debate. From 2015:

The Stop Sanctuary Policies Act, a Republican-backed bill that would withhold some federal funding from so-called “sanctuary cities,” failed to reach the 60 votes necessary to advance beyond a test vote.

“Sanctuary cities,” like Philadelphia, ignore “U.S. Immigration and Customs Enforcement (ICE) requests to detain any undocumented immigrant arrested by local law enforcement, claiming the aggressive use of detainers prevents immigrants from reporting crimes to police.

Such policies came under scrutiny in July, when an undocumented immigrant and convicted felon allegedly murdered a woman in San Francisco. Congressional Republicans rallied around the case, passing a similar bill in the House of Representatives, while President Barack Obama vowed to veto such legislation. More here.

Senate Dems block sanctuary city, ‘Kate’s Law’ bills

WashingtonExaminer: Senate lawmakers on Wednesday blocked legislation aimed at stopping violent crimes committed by illegal immigrants.

The “Stop Dangerous Sanctuary Cities Act” would revoke federal grants provided to so-called sanctuary cities that refuse to comply with Homeland Security requests to detain illegal immigrants. The bill is meant to put pressure on those cities to cooperate with the federal government on these issues.

The bill is one of the legislative reactions to the death of Kate Steinle, who was killed on a San Francisco pier by an illegal immigrant. After her death, city officials defended their decision not to cooperate with federal authorities on deporting illegal immigrants.

While Republicans say those sorts of incidents show the government needs to put more pressure on sanctuary cities to follow federal guidance, Democrats disagree, and they helped scuttle the bill in the Senate. Republicans needed 60 votes to let the bill advance in a 53-44 vote.

Democrats have said the bill is anti-immigrant and would hurt local communities. Civil rights groups have lobbied Democrats to oppose the bills, arguing they would damage the ability of police to build trust with immigrant communities.

Democrats also blocked a second related bill, the “Stop Illegal Reentry Act,” which would require mandatory minimum sentences standards for those who have been deported and then come back into the United States illegally and are convicted of an aggravated felony.

The bill is named after Steinle, and was introduced by Sen. Ted Cruz, R-Texas.

“Congress must prevent cities from harboring illegal aliens, and it must hold this administration accountable for its failure, if not its outright refusal, to enforce federal immigration laws and ensure the safety and security of the American people,” Cruz said.

But Democrats disagreed, and again shut down the bill in a procedural vote that failed to get 60 votes, 55-42.

*****

In part from USAToday: Republicans said they were trying to save lives, invoking the one-year anniversary of the shooting of 32-year-old Kate Steinle, who was killed as she walked along a San Francisco pier with her father in July 2015. Juan Francisco Lopez-Sanchez, an undocumented immigrant from Mexico, has been charged with Steinle’s murder.

The case sparked national outrage when it was revealed that Sanchez had been deported five times for multiple felonies and was released from a San Francisco County Jail without being turned over to federal immigration authorities.

“The shooter should never have been on the pier that day,” Toomey said.

San Francisco and more than 300 other cities, counties and states have policies against keeping undocumented immigrants in custody for federal agents unless agents have a court order or warrant. Police in cities with large immigrant populations say they cannot convince residents to trust them if police are viewed as immigration agents who will help deport them if they come forward to report crimes.

Toomey’s bill would have barred local governments with sanctuary policies from receiving community development block grants, which are used to create jobs, provide housing to low-income and moderate-income families, and help communities recover from natural disasters.

“Senator Toomey’s bill…aims to prevent more families from experiencing the heartache that Kate Steinle’s family has been forced to endure,” said Majority Leader Mitch McConnell, R-Ky.

Sen. Dick Durbin, D-Ill., said Republicans have been candid about the need for Toomey to have a vote on his “message amendment” to help his re-election campaign.

“So this is a political tactic,” Durbin said. “Senator Toomey’s bill will not pass, but it gives him something to talk about when he goes home and something perhaps to give a speech about at the Republican (National) Convention.” More from USAToday

 

Former UK PM, Blair Under Fire for Iraq War

There have been calls for Blair — who gave evidence to the inquiry twice — to be charged with war crimes over Iraq, but it is considered unlikely that the report will issue a decision on the legality of the war.

The Brits did use cash to pay for destructions of Sarin.

The complete report is available here.

Tony Blair leaves his home in London this morning

Chilcot Report: BBC

Summary

  1. Sir John Chilcot’s Iraq War inquiry report is being published after seven years
  2. Inquiry set up by ex-PM Gordon Brown in June 2009 to look into run-up to US-led 2003 invasion of Iraq and its aftermath
  3. Document is 2.6 million words long, and no redactions will appear in the text
  4. Report is expected to be highly critical of a number of high-ranking officials

‘Military action… was not a last resort’

Sir John Chilcot says the inquiry looked at whether it was “right and necessary” to invade Iraq “and whether the UK could – and should – have been better prepared for what followed”.

We have concluded that the UK chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted. Military action at that time was not a last resort.”

‘Severity of threat posed by WMDs… not justified’

Sir John Chilcot also says:

The judgements about the severity of the threat posed by Iraq’s weapons of mass destruction – WMD – were presented with a certainty that was not justified.”

Despite explicit warnings, the consequences of the invasion were underestimated. The planning and preparations for Iraq after Saddam Hussein were wholly inadequate.

The government failed to achieve its stated objectives.”

BRIEFING PAPER
Number CBP 6215, 1 July 2016
Chilcot Inquiry

 

Numbers below provided by Mashable:

7 years

Since the Chilcot Inquiry was launched by former Prime Minister Gordon Brown in order to learn lessons from the Iraq war. The investigation was chaired by Sir John Chilcot.

2.6 million 

Number of words in the report, which makes it the longest report in history. It has been calculated that it would take nine days to read it:

£10,375,000 ($13,420,585)

The total cost of the Iraq Inquiry since 2009.

Between 160,400 and 179,312

Number of civilians killed by violence since the invasion, according to Iraq Body Count.

150,000

Documents studied by Sir John Chilcot and his team

2,578

Days passed since the report was announced

179

British servicemen and women that lost their lives in Iraq

129

Witnesses cross-examined by the inquiry

13

Years since the start of the Iraq War

2

Number of times former Prime Minister Tony Blair has been interviewed for the inquiry

Further summary details as delivered orally:

The Chilcot report: A summary

  • There was “no imminent threat from Saddam Hussein” in March 2003 and military action was “not a last resort”
  • The UK “chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted”
  • Tony Blair’s note to George Bush on July 28, 2002, saying UK would be with the US “whatever”, was the moment Britain was set on a path to war
  • Judgements about the threat posed by Iraq’s WMD “were presented with a certainty that was not justified”
  • Tony Blair told attorney general Lord Goldsmith Iraq had committed breaches of UN Security Council resolution 1441 without giving evidence to back up his claim
  • Ministry of Defence was “slow” to react to clear need for better equipment and it was not clear whose job it was to do so
  • Planning for post-war Iraq was “wholly inadequate”
  • Blair government “failed to achieve its stated objectives”
  • The legality of the war can only be decided by an international court

Go here for the most recent results and report