Iftar

June 28, 2016

This is Ramadan, the Muslim holy month of fasting. We were invited to Albany’s City Hall for an Iftar, the evening feast after the sun-up to sun-down fast. Meetings aren’t polls and people put their best feet forward at public events. But I also know these folks. We greeted friends: a physicist, President of a Mosque on Central Avenue; an engineer who escaped repression in Iran, and ran a radio program to celebrate and protect American freedoms. We greeted a doctor whose daughter was my student and valedictorian at Albany Law, now working for the NY Attorney General. There were scientists, programmers, medical professionals, Sunni and Shi’a, Muslim, Protestant and Catholic clerics and public officials.

One woman described her six year old daughter lying awake at night, terrified, crying and asking where they’ll go if they are kicked out of this country – mother and daughter were born in the U.S., raised in this area, and have no other homeland. Her mother spoke with the girl’s first grade teacher, and the two women shared their tears – this wasn’t schoolyard bullying; the girl had been terrified by what she was hearing over the air.

Speaker after speaker rose to describe how lucky they were to reach America, how grateful they felt for the welcome they received and the chance to rebuild their lives. They celebrated America’s protection for people of all faiths, from all parts of the world, and their own determination to protect that freedom for everyone. Muslim clerics speaking to fellow Muslims, rejoiced in what America offered and encouraged them to do what they could to protect those values for all. Others spoke about the need to remember the blessings of America in times which are quite worrisome for Muslim men, women and children, and to do their best to protect America and its liberties.

Some had made the greatest sacrifice. The Muslim woman I described a moment ago explained that an older brother, also Muslim, had enlisted in the U.S. Army right after 9/11 to defend this country – serving our country which was also his, her brother was killed in action in Afghanistan. To her and to all of us he was one of the heroes of this conflict. Stereotypes must not obscure the contributions of real and good people. It was important to her, and should be important to us, to recognize the sacrifice that her brother and other Muslims have made to protect American freedoms.

Sitting there I realized I was watching the way the best of American values are renewed, revived and passed on as they have been for centuries. Sometimes we Americans show surprisingly little confidence in the strength of our ideals to flower in the hearts of immigrants. That, after all, is why they came.

Mayor Sheehan delivered a warm welcome and later pointed out to some of us that Muslims had been part of Albany since the city’s Dutch beginnings. In fact many of America’s founders made it clear that Muslims, along with Jews, deists, Protestants and Catholics were all included in the Constitution’s protections, and some took steps to make sure that Muslims and immigrants from all continents would feel welcome to come to America.

Every community has bad apples. But the bad apples in non-Muslim communities have been responsible for the vast majority of murder, arson and domestic terrorism in America. Stereotyping hasn’t protected us. Reaching out and welcoming these new Americans is much healthier.

Like many of us, immigrants and their children try to preserve the good parts of their heritage. But they came from war zones. Many risked their lives to escape. They have the strongest reasons to love and celebrate America, because they know what was in store for them or their parents in the lands of their ancestors. They’re trying hard to be helpful and constructive. It’s important that the rest of us recognize that.

— This commentary was broadcast on WAMC Northeast Report, June 28, 2016.


When More Law is Too Much – a Case of Airport Excess

May 19, 2016

A proposal before the Albany County legislature makes it a crime to “interfere[] with or fail[] to submit” to the United States Transportation Security Administration inspection protocols.  It would become a crime to turn around and leave the airport for any reason once one enters the screening area.

Proponents imagine people probing airport security until a vulnerability is found by “start[ing] the screening process at an airport” but leaving before completing it. The legislation’s supporters want travelers to have to go through a secondary screening process which includes a physical search of the person and their luggage, a pat down or more. But this poorly drafted legislation makes it a crime to leave once the traveler approaches the conveyor belt, before luggage has been screened.

The proposal substitutes inconsistent local rules for uniform national ones. Under the vague “interference” language, a person who questions why a security officer wants to search the traveler or her luggage may well be arrested for interfering with security protocols.   The proposal aggravates the problem of “flying while Muslim” – or at least flying in Muslim apparel, though I know from experience here and abroad that the vast majority of Muslims are, like the rest of us, decent, caring, peace-loving and law-abiding, although stopped and searched in very disproportionate numbers.

The New York Civil Liberties Union has described this proposal as “a remedy in search of a problem.”[1] There is no apparent problem this legislation would solve. Under long established rules, the TSA and other law enforcement personnel at the airport have all the authority they need to take action whenever they actually suspect a problem rather than whenever someone turns around because they have to run to the bathroom, had a panic attack or forgot something, which becomes criminal under this proposal.

I’d like to quote an eloquent letter sent to me by psychiatrist Aliya Saeed: “physical searches are quite traumatic for many … including survivors of rape (who are unlikely to want the back of a stranger’s hand next to their crotch, and on their breasts, as practiced currently), transgender individuals, those with emotional and mental health issues, pubescent children, etc. Being forced into an arrest … in a crowded public place, because someone is perceived to be walking away from a checkpoint, instead of … being able to simply leave an intolerable situation, presents  an undue risk …. We know that people with mental illness are far more likely to end up at risk of harm in police encounters because they are often unable to communicate effectively or comply readily with police demands. This presents an unnecessary liability for the law enforcement, and an unacceptable risk…, especially [for] those with mental health issues, history of trauma, autism, or those with limited English proficiency.”

This legislation just isn’t needed – there is no gap in authority to take necessary action when officials reasonably suspect wrongdoing. Instead, this will cost us tax dollars without giving us any benefits while threatening travelers with totally unnecessary harm. This legislation should be withdrawn.

– This commentary was broadcast on WAMC Northeast Report, May 17, 2017.

[1] NYCLU Memorandum Re: Proposed Albany County Local Law E of 2016, establishing a secondary search protocal at Albany County Airport, submitted at a meeting of the Albany County Legislature, Monday, May 9, 2017.


Muslims and the barbarians laying claim to Islam

January 5, 2016

 

President Obama commented a few weeks ago that Muslims in America must do more to stop Muslim violence and many have suggested that the Muslim community has not been doing enough to stop it.[1] That struck me as very false, given my own contacts in the Muslim community. So I reached out to learn what is happening in the Muslim community.

All communities have their share of nut-jobs and criminals but that is no more true of Muslims than the rest of us. Several white self-styled Christian groups have been much more dangerous to Americans. Muslims point out that the much larger phenomenon of non-Muslim violence has not been treated as reason for shame by members of other religious groups.[2]

Muslims repeatedly point out that the ideology of ISIS, ISIL, DAESH or whatever we call it, is out of step with Islamic practice and preaching here and around the globe, un-Islamic and fundamentally heretical. There are always exceptions, but generally fighters are not being nurtured in the mosques. In fact ISIS recruits typically do not start with any strong Muslim or other religious faith – they are empty inside looking for a cause.[3]

Muslims warn that nationalism fuels violence. We talk about reaction to “boots on the /ground.” Muslim scholars make a broader point, here in Arun Kundnani’s words:

“We all know the ‘war on terrorism’ kills more civilians than terrorism does; but we tolerate this because it is ‘their’ civilians being killed in places we imagine to be far away. Yet colonial history teaches us that violence always ‘comes home’ in some form: … as refugees seeking sanctuary … the re-importing of authoritarian practices first practised in colonial settings, or indeed as terrorism. The same patterns repeat today in new forms.”[4]

Moreover we are confused about who the enemy is. There is considerable evidence that Saudi Arabia was behind the development of ISIS as an effective fighting force precisely to draw America into support of Middle Eastern dictatorships and to quash the Arab Spring. I think there are many factors that gave rise to ISIS and plenty of blame to go around, but they did quash the Arab Spring, whatever chance that awakening might have had, and Saudi Arabia and other Sunni states did help bring ISIS into being.[5]

Muslim scholars and commentators argue that revolution and revolutionaries are spawned by failure to adhere to western ideals, support for authoritarian rulers, bombing by planes, drones and other military attacks that kill civilians and leave communities in shambles, and by trading arrangements that support slave labor in many parts of the globe.

As Chris Giannou, former chief surgeon for the International Committee of the Red Cross, told the Alternative Radio audience, Muslims, Arabs, Asians, Africans “love [Americans] for your values. They hate you for your hypocrisy, because you do not live up to your values. The vast majority of the American public has absolutely no idea of what their government does in their names around the world.”[6]

Telling us what they think we want to hear is an occupational hazard of politicians – that’s how they get elected. But Americans need to see through self-congratulatory claims about how good America is and how bad everybody else is, and resist the call to solve every problem by killing ever more people. It’s not good for our security, our country or our the world. It is crucial to resist the urge to enlarge this conflict, crucial to keep it as small as possible. That’s the best way to put it out with the least damage.

— This commentary was broadcast on WAMC Northeast Report, January 5, 2016.

[1] See President Obama, Address to the Nation, December 6, 2015, https://www.whitehouse.gov/the-press-office/2015/12/06/address-nation-president.

[2] http://www.salon.com/2015/12/09/my_daughter_is_not_tashfeen_malik/.

[3] See Murtaza Hussain, Why the Islamic State is Not Really Islamic, The Intercept, Sep. 26 2014, 12:38 p.m., https://theintercept.com/2014/09/26/isis-islamic/.

[4] Violence comes home: an interview with Arun Kundnani, OPENDEMOCRACY 22 November 2015, https://www.opendemocracy.net/arun-kundnani-opendemocracy/violence-comes-home-interview-with-arun-kundnani.

[5] See the remarks of Vice-president Joe Biden at https://www.youtube.com/watch?v=25aDP7io30U; Ron Paul, , Are We in a Clash of Civilizations?  [RonPaulLibertyReport] https://www.youtube.com/watch?v=opYwBt9x64k&t=2m28s; Khaled Abou El Fadl, The End of the Arab Spring, the Rise of ISIS and the Future of Political Islam, ABC Religion and Ethics 23 Apr 2015, http://www.abc.net.au/religion/articles/2015/04/23/4221874.htm.

[6] See Chris Giannou, Understanding the Middle East, University of Denver, Denver, Colorado 4 April 2014, Alternative Radio, http://www.alternativeradio.org/products/giac002.


In the Wake of Atrocities is Moderation Possible

November 28, 2015

In the wake of murders like those in Paris, is it possible to talk about moderation? The impulse to kill is very strong. I know I’d feel it if it came close. And yet we know that many innocent men are put to death. And if an innocent person is executed, the killer, or killers, are still alive. And kangaroo courts or lynch law threaten everyone. The circle of murder can widen, as it did with the infamous Hatfields and McCoys. I’ve taught a descendent of the McCoys, actually a lovely young woman in West Virginia. But a murder turned into a war and decimated the families. Was that worth it – all the innocent lives. We are taught that two wrongs don’t make a right, but in the aftermath, do we have the strength to see that?

It was very difficult to oppose the war in Iraq. We know now it was a mistake, and one that did a great deal of damage, in the lives of innocent men and women, in destabilizing the region, in creating the opportunity for Daesh to thrive.

I’m terrified of the political pressure behind the hawks now. So-called collateral damage can cause a reaction that engulfs the world in flames. Our own reactions to the Paris bombing demonstrate the fact. Yet Daesh clearly hopes that we in turn will cause so much collateral damage that it will pull all the Muslims that oppose Daesh now into the fray to defend an Islam that seems under attack.

We should have learned by now that what matters in war is not what we think is justified, but what our actions produce. Lincoln understood that, calculating carefully how and when he used the slavery issue in the Civil War. Vietnam should have brought home to us that what people think matters. But the atrocities of some both in the Administration and carrying the flag in Iraq showed that the lessons of Vietnam didn’t reach everyone. Iraq continues to be a problem for us not only because it destabilized the region but also because the crude things that some people did in the name of America continue to inflame many people about us. It’s not about appeasement; it’s about pacification. It’s about keeping conflicts as small as possible. Every conflict isn’t about Hitler in 1938; sometimes the right analogy is to Versailles at the end of World War I when the victorious allies imposed punishments that radicalized the German people. Notice how differently the end of World War II came out, when the allies reaffirmed the rule of law and found constructive ways forward, not only for us but for the German people, not only the Marshall Plan but also the European Union which gave Germany both an important role and an important stake in the future of a united Europe.

That’s hard. That takes real statesmanship. Vice-president Biden’s comments Saturday impressed me. He started by identifying Daesh’s goals and then pointed out that we should not play into their hands by widening the war against Islam. Think of Daesh as holding a match and trying to start a fire or a detonator and trying to set off an explosion. Daesh by itself is infuriating. One commentator compared them to pirates. But without sparking that wider war, they cannot defeat us or any significant country. In this conflict, we have to respond with our heads, not our hearts. Like forest fighters, we have to contain the blaze before we can put it out. President Obama’s talk about containment was absolutely right. Thank heaven that we have a president who uses his head. The question is whether the American people can rise to the challenge of supporting a policy that’s based on intelligent calculations instead of emotional displays of power.

— This commentary was broadcast on WAMC Northeast Report, November 24, 2015.


This campaign makes me nostalgic for the draft

September 15, 2015

This campaign makes me nostalgic for the draft.

The Republican candidates have been telling us who they want to keep out, and whom they don’t like or wouldn’t lift a finger for – Mexicans, Iran, Muslims, the poor, women, peaceniks. And they make it pretty obvious whom they do like – whites, “real men,” cops, soldiers, guns, the U.S., especially the U.S. before any of us were born, and Christians. It’s all stereotypes, of course. No group of people is all good or all bad – not even conservatives, a big stretch for me. There are always gradations – people need to be judged on their behavior. But that’s too much work. Simplification is so much easier.

Let’s talk about something else they don’t like – democracy. All their blather about the free market and government is little more than an attack on democracy. In fact polls reveal that, on average, conservatives are typically less supportive of the freedoms in the Bill of Rights – except the freedom to carry guns so that, if what they define as the need arrives, you can blow whomever away. Heaven forbid we should have to live together. I glory in walking out of Penn Station in New York – it seems like the whole world is right there and managing to get along; how wonderful in this increasingly contentious world.

Oh on the subject of New York City, that’s a stereotype right there – for much of America New York City is Sodom and Gomorrah. Never mind that the City is actually composed of Americans from all over the country – their own relatives, friends and classmates – as well as a major first stop for immigrants, the same immigrant streams that composed the rest of the country. No, New York is heathen. I remember stopping downstairs for a haircut in a building where I had a temporary apartment in Ohio. The barber was a woman and as we chatted she told me that she was surprised that New Yorkers actually tried to help each other in the days after 9/11. Really – did she think we were coyotes?

It makes me nostalgic too – for the draft! There was actually a time when Americans from all over had to meet, interact, make friends, and did. They introduced each other to their eventual brides, formed business partnerships, learned to appreciate the best in each other’s backgrounds. The draft was truly the incubus of democracy. Theodore Roosevelt proclaimed “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.”[i] Got that right.

Actually the military has been working on that problem since the country was formed. Contrary to what many people think, Americans at the founding spoke many languages and have continued to speak many languages. The military struggled with whipping those disparate forces into a unified fighting team. They tried separate local units and units recruited by leaders like Roosevelt’s “Rough Riders” but they tossed all that aside and put people into those military tents without regard to their origins.

The racial divide forced the military to think again about the problem. It turned out that mixed race units in World War II came back positive about the possibilities of integration. But Vietnam was hard, a stalemate in the swamps in the middle of turmoil back home. But the military responded by making it a part of every officer’s responsibility not only to achieve racial peace and cooperation, but to make sure that soldiers of all races developed appropriately, got training and took on responsibilities leading to promotions.

As a youth I feared the draft; I knew my own physical weaknesses. For me the Peace Corps was a good choice, one that helped me develop as a human being. And there were problems with the way the draft was handled. But I miss it nonetheless. Truly national service is a very good idea for a democratic country.

— This commentary was broadcast on WAMC Northeast Report, September 15, 2015.

[i] Quoted in John Whiteclay Chambers, II, Conscripting for Colossus: The Progressive Era and the Origin of the Modern Military Draft in the United States in World War I, in The Military in America From the Colonial Era to the Present 302 (New York: Free Press, Peter Karsten, ed., rev. ed. 1986).


The American Melting Pot

February 17, 2015

I’d like to share with you some thoughts that came out of a short piece I was asked to write about the Roberts Court. I’d like to dedicate this commentary to Yusor Abu-Salha, who spoke on NPR’s Story Corps about how wonderful the U.S. is, where people of all backgrounds share one culture, shortly before she, her husband and sister-in-law were killed in Chapel Hill because they were Muslims, and to all the others, Christian, Jewish, Muslim, and all who have been murdered or tortured because they had what bigots defined as the wrong parents or beliefs.

You might think that the melting pot is the result of a lot of individual private decisions. But you’d be mostly wrong. Actually the melting pot is the result of a series of very public decisions. We made the decision, centuries ago, to provide a public education to everyone. That put us in the forefront of the world as an educated, progressive, productive and egalitarian society. We made the decision almost two centuries ago to provide public coeducational schooling. That put us in the forefront of the world in creating decent and progressive gender relations. We made the decision long ago to provide an education to immigrant children alongside the children who had been born here. That made us one people, regardless of where we came from. And all the private decisions in the great American melting pot took place in a world defined by our public schools.

Finally in the mid-twentieth century, the U.S. Supreme Court decided that we would treat race the same way that we had treated gender, language, religion and ethnic differences – that is, we would bring everybody into the same public schools. That opened the melting pot to still more of us so that our racial divisions are less sharp than they were a century ago – nowhere close to erased, but less sharp.

Chief Justice Roberts famously wrote, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”[1] But he wrote that in connection with a decision to prevent a pair of school districts from bringing people together across racial lines. No melting goes on with Roberts at the stove.

When decisions are made that advantage the majority, Justice Scalia makes it plain he thinks that’s just normal; he sees no need to ask whether anyone was discriminating or intending to treat minorities differently.[2] But there’s no vice versa for Scalia – any decision favoring racial minorities is automatically suspect for him. Indeed, he and Thomas have described “legal protection from the injuries caused by discrimination” as “special protection” and “favored status.”[3]

In 1782, French immigrant Hector St. John de Crèvecœur, famously wrote that immigrants “melted” easily into Americans, and freed themselves from the slavery of the Old World.[4] The same year, the Founders of our country adopted our motto, e pluribus unum, Latin for out of many one. Our Founders did all they could to welcome immigrants, making e pluribus unum a reality for us. That has been our country’s glory. That welcome has peopled our continental expanse, brought to our country the most talented and driven from all parts of the world, and allowed us all to share in the benefits of each other’s talents and accomplishments. That welcome has allowed us to build a country without the hostilities that have torn and still so blatantly tear other countries apart. There is nothing more truly American than e pluribus unum. And nothing more central to the development of our great country than the melting pot, even if some of those who now lead our highest institutions can no longer see it or enjoy its savory aroma. It was left for the British writer Israel Zangwill in 1909 to put the immigrants into “the great Melting-Pot where all the races of Europe are melting and reforming!” adding, “Into the Crucible with you all! God is making the American.”[5]

The Founders worked specifically to welcome Muslim immigrants to America. They would have been proud of the Abu-Salhas and ashamed of Craig Hicks, and would join us in cherishing the diversity of people who share decent lives in America and praying for that mutual respect everywhere.

— This commentary was broadcast on WAMC Northeast Report, February 17, 2015.

[1] Parents Involved v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007)

[2] League of United Latin Am. Citizens v. Perry, 548 U.S. 399, 515-18 (2006) (Scalia, J., dissenting in part).

[3] Romer v. Evans, 517 U.S. 620, 645, 652-53 (1996) (Scalia, J., dissenting).

[4] Hector St. John de Crevecoeur, Letters from an American Farmer (1782).

[5] Israel Zangwill, The Melting Pot: Drama in Four Acts (1909).


A Blessing on Both Their Houses

July 29, 2014

Listeners and readers of my commentary know that I have spoken out against what I believe is Israeli misbehavior. So I get flooded with one-sided petitions condemning Israeli behavior. To make myself completely clear, I see merit and fault on both sides. I will not sign one-sided petitions.

I am reminded of my conversation with a Palestinian student who argued with me that Palestinians have the right to kill Israelis, any Israelis, military or civilian, and they have no right to shoot back, only to accept their fate. I questioned him to make sure I was hearing him accurately. What he was making clear was the attitude, or brain-washing, that dehumanized the other side. That is the attitude we have to fight against. Read the rest of this entry »


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