Speaking with Islam Online, Kamal Nawash, Legal Advisor for the American-Arab Anti-Discrimination Committee (ADC), finds the recommendations disturbing. Commenting that both Arab Americans and Muslim Americans are just as concerned about terrorism in the United States as any other community, Nawash adds, “such concern cannot justify violating basic Constitutional rights, especially when the measures suggested by this Commission, do not necessarily, or do not assure, that they would actually enhance the fight against terrorism.”

Nawash further added, “To the contrary, if implemented, the recommendations by the Commission would more likely than not severely damage civil liberties and facilitate abusive behavior by the government.”

On the specific topic of federal use of unsavory characters as informants, Nawash states that the loosening restrictions on the use of these individuals basically states that, “anyone that can help you, the informant, regardless of his background, its OK. You can go ahead and get them, whether he is a criminal, whether he is a human rights violator, its OK.”

“ADC disagrees with the notion of putting known criminals and known human rights violators on the CIA payroll.” Nawash continued, “This would clearly send a very bad message that human rights violations would be tolerated, or even rewarded.”

Besides the basic right of free movement in the country, the Commission’s other recommendations, including tracking international students studying in the United States, “…indicates a willingness to restrict scientific knowledge and scholarship to certain classes of people and to flout, basically, principles of academic freedom,” commented Nawash.

Gregory Nojeim, Legislative Counsel for the American Civil Liberties Union (ACLU), comments that potential international students may study elsewhere in the world taking their talents with them and allowing other countries besides the United States the resulting benefits of this talent. Additionally, the lessons of free democracy that America could impart upon these students when returning to their countries of origin, could be lost if the Commission's recommendations are heeded by Congress.

Nawash also views the issue as, “…inconsistent with this globalization that the United States kind of pushes…. Basically we’re saying we’re limiting our technology, we’re limiting our information, to only a handful of students.” Additionally, Nawash states that the recommendation is racist and stereotypical in the sense that it assumes that an Arab or Muslim student who studies any hard science would put that knowledge gained to negative use.

Concerning targeting fundraising organizations, critics worry Commission recommendations could stifle legitimate and genuine fund-raising efforts. “What if we want, for example, to send money to a hospital in Lebanon. We would be apprehensive, in fact we would not do it, because of the fear that a particular hospital might be associated with an organization, or also receive money from an association or an organization, that might be considered a terrorist organization,” commented Nawash.

The possibility that the United States military would be in charge of domestic criminal investigations where terrorism might be involved draws apprehension from Nojeim of the ACLU. Nojeim cites cases where United States Marines were stationed on the U.S.-Mexican border, engaging in civilian law enforcement, and shot to death an American citizen. The ACLU’s concern is that the military has no place in domestic civilian law enforcement.

The National Commission, as part of its central purpose, desires to root out all potential snag areas where terrorism may emerge. This includes making recommendations concerning events in other countries. Specifically, the Commission has issued statements concerning both Greece and Pakistan as countries “not cooperating fully” in counter terrorism efforts.

Masood Khan, Political Counselor at Pakistan’s Embassy in the United States, in a conversation with Islam Online, finds it regrettable that the Commission has recommended that Pakistan be included with nations not cooperating with the United States in their counter-terrorism efforts. “Because Pakistan is a country that itself is a victim of terrorism from across the border, and Pakistan in combating terrorism is making [an] all out effort to eliminate terrorism, and it is cooperating with the international community in its efforts,” commented Khan.

Khan continued, “…probably the drafters of the report are not aware that Pakistan is fully cooperating with officials and agencies and even right now some sensitive, delicate cooperation is taking place,” and there is more that is happening.

Alluding to United States’ consideration of Pakistani support for “terrorist” groups in Kashmir, Khan states, “We do not consider the freedom struggle in Kashmir ‘terrorism’. It is the legitimate struggle for the realization of rightful determination of the people of Kashmir.”

Critics of the report have emerged from various sectors within the United States (the ADC and ACLU) and overseas. How the report has been received within Congress or the Administration is as yet unknown. The American intelligence community and federal civilian law enforcement have voiced some reservations concerning the expansion of powers of intelligence gathering and even more reservations concerning the use of the military in domestic civilian law enforcement. However, how much Congress heeds the report will have to be seen.

National Commission on Terrorism Report

ACLU News Release

ADC Action Alert

ADC Press Release

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