From Abdullah Al Mamun | MLFA <[email protected]>
Subject Day 3: Why does litigation even matter?
Date July 24, 2020 7:19 PM
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Assalamu'alaykum John,

You may be wondering why funding court cases even matters. Here, we
address common questions and stress the importance of this work.

What does litigation do for us?

Simply put, courts exist to protect our rights and uphold justice. One
such right is the right to due process: the opportunity to be heard on a
claim, or defend against one. This most basic right confers worth on an
individual - by facing a judge or jury, they are recognized as
participants in the democratic process. As part of a system of checks
and balances, federal courts are also meant to protect us from the
government's unlawful and unwarranted intrusion into our lives.
Without litigation, there is no accountability, no redress, and no
justice.

So what's the problem?

Since 9/11, the U.S. government has convinced the American public that 
some of the most controversial national security policies and programs
disproportionately affecting Muslims and people of color are necessary,
effective, and warranted, although decades removed from the crisis that
gave rise to them, and without unbiased evidence to validate such
claims. The danger is that most of these counterterrorism tactics are
part of secret government programs. They feed into theories of "guilt by
association," combine with severe penalties (known as 'terrorism
enhancements"), and lead to some of the most egregious infringements of
civil liberties in U.S. history.

We still have rights... right?

Yes - but herein lies the game.

Individuals snared into a "secret" government trap - a watchlist, a
sting operation, or a disfavored charity - now have the daunting task of
being heard above the powerful voices of Islamophobia and against
abundant government resources. The scales of justice are tipped against
them before they even step foot into a court.

The overwhelming majority do not make it that far: the cost alone is
prohibitive, and the risk, for many, is too great. Many give up on their
rights; others take plea agreements implicating themselves despite their
innocence, simply because they have limited funds, inadequate
representation, or run out of time. Potentially strong cases get shut
out, allowing the vicious game to usher in more victims.

Another problem is the use of surveillance, 'classified' evidence,
and secret testimony that strip a defendant of any semblance of due
process and set dangerous precedents if left unchallenged.

How do we change the game?

MLFA funds litigation because litigation matters. By giving those
oppressed by such tactics the opportunity to be heard, the onus (the
burden of proof) is on the government to make its case and abide by the
Constitution.

Litigation is learning. Every case that the MLFA-funded law center takes
on unlocks closed doors and reveals aspects of secret programs such as
FBI surveillance or watchlists, allowing us to build our own case
against the constitutionality of such programs, and ultimately, end
them.

The reality is that we must pay to play and have a chance at winning.

What can I do?

Thanks to supporters like you, we can fund more cases and utilize the
law center's growing expertise on national security law to challenge
underlying assumptions like "unreasonable suspicion" and "guilt by
association." We can restore Muslim civil liberties by combating
erroneous assumptions and flagrant abuses of power.

The more cases you help us fund, the more injustice we can bring to
light... and fight!

Together, we can renew hope in justice and in an America for all.
There's no better time than during the most blessed days of the year.

Support us today!

In faith and for justice,

Abdullah Al Mamun
Deputy Executive Director
Muslim Legal Fund of America

 

Access to the courts is integral to justice. Support legal work today!

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Muslim Legal Fund of America, 833 E Arapaho Rd, Suite 209, Richardson, Texas 75081, United States
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