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47 Gonz. L. Rev. 429 (2011-2012)
Caught in a Preventive Dragnet: Selective Counterterrorism in a Post 9/11 America

handle is hein.journals/gonlr47 and id is 433 raw text is: Caught in a Preventive Dragnet: Selective Counterterrorism in a Post-9/1 1 America Sahar F. Aziz* TABLE OF CONTENTS INTRODUCTION ............................................ 430 I. MISTAKING RELIGIOSITY FOR TERRORISM .......................437 A. Selective Targeting Based on Religious and Political Activity.... 438 B. The Use ofInformants to Chill Religious Freedom and Political Activity ...................................443 C. The Pitfalls of Religious Profiling ............... ....... 448 D. Post-Conviction Profiling-Communications Management Units........................................... 453 E. Flawed Community Outreach Models Aimed at Diffusing Legitimate Grievances and Collecting Intelligence About Muslims .........................................456 II. MATERIAL SUPPORT STATUTES-THE LYNCHPIN OF THE PREVENTIVE PARADIGM ............................... ......459 A. Disproportionate Enforcement Against Muslim Charities ..........462 B. Guilt Without Proof of Wrongdoing.......................466 C. Collateral Prosecution and Surveillance of Muslim Donors.......469 D. Feasible Solutions Rejected by the Government ................471 III. THE RACIAL SUBTEXT OF HOMEGROWN TERRORISM POST-9/11.....474 A. Counterterrorism Trainings Perpetuate Essentialist Definitions of Muslims .......................... ..... 477 B. The Flawed New York Police Department Counter Radicalization Report ............................... 481 C. The Post-9/11 Un-American Activities Hearings...... ...... 483 D. Deputizing Muslim Imams to Do the Government's Bidding ...... 486 E. From Racial Subtexts to Palpable Discrimination ...... ..... 487 IV. CONCLUSION.............. .......................... ..... 490 * Sahar Aziz is an Associate Professor of Law at Texas Wesleyan University School of Law. She previously served as a Senior Policy Advisor with the Office for Civil Rights and Civil Liberties at the U.S. Department of Homeland Security and as an Adjunct Professor at the Georgetown University Law Center, where she taught national security and civil rights law. Prior to entering academia, she practiced civil rights law where she focused on post-9/11 discrimination in employment, immigration, and law enforcement. Ms. Aziz thanks Kay Guinane, David Cole, Alan Kabat, and David Super for their insightful feedback, and Danielle Jefferis for her excellent research assistance and legal analysis. 429

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