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