News Law and Policy

Pillard Nomination Clears Judiciary Committee

Jessica Mason Pieklo

In a party-line vote Thursday, the Senate Judiciary Committee approved the nomination of Nina Pillard to the D.C. Circuit Court of Appeals. But prior to the vote, Republicans made it clear they are not done fighting President Obama's judicial nominees.

The Senate Judiciary Committee voted 10 to 8 along party lines Thursday to approve the nomination of Georgetown law professor Cornelia “Nina” Pillard to the D.C. Circuit Court of Appeals. Pillard’s nomination now moves to the Senate, where Republicans have threatened a filibuster.

The Pillard nomination has become a flashpoint for Republicans who have tried to paint her as a judicial extremist. Pillard, who testified before the committee in July and has received a unanimous rating of “well qualified” from the American Bar Association Standing Committee on the Federal Judiciary, first joined the Georgetown Law faculty in 1997 after more than a decade as a trial attorney. Her most impressive wins before the Supreme Court include United States v. Virginia, which opened the Virginia Military Institute to women, and Nevada Department of Human Resources v. Hibbs, which successfully defended the Family and Medical Leave Act against a constitutional challenge.

Alliance for Justice President Nan Aron issued a statement in response to the committee vote, praising Pillard and criticizing Republicans for politicizing her nomination. “We commend the majority of the Senate Judiciary Committee for supporting President Obama’s nomination of Nina Pillard for the D.C. Circuit Court of Appeals,” she said. “We are disappointed, but not surprised, that all of the committee’s Republicans chose to put politics ahead of qualifications and opposed this outstanding nominee.”

People for the American Way Executive Vice President Marge Baker also voiced support for Pillard and urged swift Senate consideration of her nomination. “Professor Pillard is an exceptionally qualified nominee,” said Baker in a statement. “She has earned enormous respect from her colleagues across the ideological spectrum in her career as an appellate attorney, where she crafted the arguments that convinced the Supreme Court to open the Virginia Military Institute to women and joined the Bush administration in successfully defending the Family and Medical Leave Act. … Her national reputation as a supremely talented and consistently fair attorney is well-earned. We applaud the judiciary committee members who voted in support of this highly qualified nominee, and hope that the full Senate will review her qualifications and give her a fair yes-or-no confirmation vote.”

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The Senate Judiciary Committee did not vote on the nomination of Robert Wilkins, a judge on the U.S. District Court for the District of Columbia since 2010 who appeared before the Senate Judiciary Committee last week. No timeline has been set for a vote on his nomination.

It was during Wilkins’ testimony that Republican Sen. Charles “Chuck” Grassley (R-IA) made it clear the GOP was not done fighting over the court, suggesting that even though Wilkins was a well-liked and well-respected sitting judge, his nomination to the D.C. Circuit Court of Appeals might fail because of “other factors.”

Grassley raised those threats again prior to the Pillard vote. “[A]s I review her legal career, I’m concerned by the instances where she has really stretched the limits of thoughtful reasoning,” Grassley said. “In my view, at times she appears to advance her own extreme policy preferences.”

Other Republicans on the committee, including Sen. Orrin Hatch (R-UT), echoed Grassley. Hatch said that while he believes Pillard to be a qualified attorney, her record “demonstrates the kind of political activist judicial philosophy that I believe actually fails this test.” He added, “Her writings in various areas including reproductive rights and the family do not simply take a liberal position, but adopt a rigid ideology that clearly drives not only her view of the law but even her understanding of social facts.”

Democrats on the committee, like Sens. Patrick Leahy of Vermont and Dianne Feinstein of California, defended Pillard and accused Republicans of having a double standard when it comes to approving judicial candidates. “I guess Republicans tend to believe the Democratic nominees who have a position on controversial issues cannot be fair judges,” said Feinstein. “And yet, when the reverse happens, they all believe activist Republicans can be a fair judge.”

During statements prior to the vote on Pillard’s nomination, Grassley once again pushed against filling any of the three open seats on the court, arguing the current workload of the court doesn’t justify it. But, according to the Administrative Office of the U.S. Courts, the caseload per active judge on the D.C. Circuit Court of Appeals has risen more than 50 percent since 2005. Furthermore, the D.C. Circuit Court hears some of the most complicated cases in the entire federal courts system, a point that fellow conservatives like Supreme Court Chief Justice John Roberts point to in urging Republicans to abandon their plan to cut the number of seats on the court.

Leading up to Thursdays vote, though, it did not appear like Republicans planned to heed Chief Justice Roberts’ advice. “Unfortunately, the justification for moving forward with additional D.C. Circuit nominees appears to be a desire and intent to pack the court in order to determine the outcome of cases this court hears,” Grassley said. “It is no secret that this is the President’s intent.”

The full Senate now must consider Pillard’s nomination, along with the nomination of Patricia Millett. A litigator who leads the Supreme Court practice at Akin Gump Strauss Hauer & Field LLP, Millett made it through the Senate Judiciary Committee also on a 10-8 party-line vote last month.

Senate Majority Leader Harry Reid (D-NV) has not said when the Senate will take up the nominations.

Commentary Law and Policy

Republicans Make History in Obstructing Merrick Garland for Supreme Court

Jessica Mason Pieklo

Merrick Garland is now officially the longest Supreme Court nominee to go without confirmation hearings or a vote in U.S. history.

Merrick Garland, President Obama’s selection to replace Justice Antonin Scalia, now has the dubious distinction of being the longest U.S. Supreme Court nominee ever to go without a vote to confirm or reject his appointment, thanks to Senate Republicans’ refusal to do their jobs.

I can’t say it any differently. This has been an utter, total failure by grown men, and a few women, in the Senate to do the kind of thing they’re supposed to in exchange for getting paid by the rest of us. And after nearly a decade of unprecedented—and I mean unprecedentedobstruction of President Obama’s judicial nominees writ large, there’s no flowery language that can capture how our federal courts’ slow burn on the the Republicans’ watch has now caught full fire with the fight over Garland’s nomination.

Instead what we have are dry, hard facts. A century ago, Justice Louis Brandeis was forced to wait 125 days before his confirmation to become the first Jewish justice on the Court. Justice Scalia died on February 13 of this year. President Obama nominated Garland on March 16. Wednesday marked 126 days of zero Senate action on that nomination.

And since Congress is now on recess, that won’t be changing anytime soon.

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It’s not just that the Senate hasn’t held a vote. They have held no hearings. Several senators have refused to meet with Garland. They have taken. No. Action. Not a bit. And here’s the kicker: None of us should be surprised.

President Obama had no sooner walked off the Rose Garden lawn after announcing Garland’s nomination in March than Senate Republicans announced their plan to sit on it until after the presidential election. Eight months away. In November.

Senate Republicans’ objection isn’t to Garland himself. He’s a moderate who has generally received bipartisan praise and support throughout his career and should, on any other day, sail through the confirmation process. As compared with both of President Obama’s other appointments, Justices Sonia Sotomayor and Elena Kagan, Garland is practically a gift to Senate Republicans in all his moderate-aging-white-guy-ness. I mean, who would have thought that of all the nominees Republicans were going to double-down their obstruction efforts on, it would be Justice Dad?

Instead, their objection is to the fact that the democratic process should guarantee they lose control of the Supreme Court. Unless, of course, they can stop that process.

Conservatives have spent decades investing in the federal courts as a partisan tool. They did so by building an infrastructure of sympathetic conservative federal judges through appointments when in executive power, and by blocking liberal attempts to do the same when in the political minority. It’s an investment that has largely paid off. Federal circuit appeals courts like the Fifth, Sixth, Eighth, and Tenth issue reliably conservative opinions regularly, thanks to aggressive appointments by conservatives during the Reagan and Bush years.

Meanwhile, thanks to conservative obstruction under Democratic administrations—most egregiously under President Obama—71 district court seats currently sit vacant. Twenty-four of those seats are in jurisdictions considered by the courts themselves to be judicial emergencies: places where the caseload is so great or the seat has remained vacant for so long the court is at risk of no longer functioning.

It’s easy to see why conservatives would want to keep their grip on the federal judiciary given the kinds of issues before it: These are the courts that hear immigration and detention cases, challenges to abortion restrictions, employment discrimination cases, as well as challenges to voting rights restrictions. Just to name a few. But as long as there are no judges, the people being directly affected are left in limbo as their cases drag on and on and on.

Our federal courts of appeals are no better. Nine federal appellate seats sit vacant, five in jurisdictions deemed judicial emergencies.

These vacancies have nominees. Senate Republicans just refuse to confirm them.

And no, the other side doesn’t do this. Federal judgeships have always been political. But never have the Democrats used the judiciary as a blatantly partisan extension of their elected members.

The refusal to vote on Garland’s nomination is the most visible example of the conservatives’ drive to maintain control over the federal courts, but it’s hardly their most blatant display of sheer partisanship. I’m guessing that is yet to come when, should they lose the presidential election, Senate Republicans face the choice of quickly confirming Garland or continuing their stand-off indefinitely. And given what we’ve seen of the election cycle so far, do we really think Senate Republicans are going to suddenly grow up and do their jobs? I hate to say it, folks, but Merrick Garland isn’t getting confirmed anytime soon.

Analysis Human Rights

Living in the Shadow of Counterterrorism: A Decade of Resistance

Kanya D’Almeida

This small women-led movement has taken on the impossible challenge of fighting extreme religious intolerance with interfaith unity.

This is the third and final article in Rewire’s “Living in the Shadow of Counterterrorism” series. You can read the other pieces in the series here.

In the early hours of May 21, 2009, Alicia McWilliams was woken by a frantic phone call from her sister, saying that the FBI had just raided their other sister Elizabeth’s home. In an interview with Rewire, McWilliams says she couldn’t decipher her sister’s hysterical words, and so switched on the local news, which was blowing up with the alleged ”Bronx Terror Plot,” flashing scenes of her nephew, David Williams—Elizabeth’s son—being led away in handcuffs on terrorism charges.

McWilliams says she knew right away that there was something wrong with that picture, suspicions that only deepened as she learned the details of how an FBI informant had befriended her nephew and three other low-income Black Muslim men and involved them in a convoluted scheme that would include attacking synagogues in New York City and an Air National Guard base in Newburgh, New York.

She tells Rewire on the phone her first thought was that the entire plot smacked of the days of COINTELPRO—the Federal Bureau of Investigation (FBI)’s counterintelligence program that spied on and infiltrated various political groups throughout the 1950s and ’60s. Ushered into existence in 1956 to squash the Communist Party, the program quickly turned its attention to groups like the Black Panther Party in order to “expose, disrupt, misdirect, discredit, or otherwise neutralize” the Black Liberation Movement.

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Feeling a sense of déjà vu during the early days of her nephew’s arrest, she watched as the government and the media spun a narrative of four violent extremists plotting to blow up Jewish houses of worship in the name of jihad, obscuring the vulnerability and desperation of the men involved and the active role played by the informant.

The plot was so outrageous that even Judge Colleen McMahon, who presided over the Newburgh Four trial and ultimately sentenced them to decades in prison after a jury returned a guilty verdict, concluded:

Only the government could have made a terrorist out of Mr. Cromitie [one of the defendants in the case], whose buffoonery is positively Shakespearean in its scope … I believe beyond a shadow of a doubt that there would have been no crime here except the government instigated it, planned it and brought it to fruition.

But for McWilliams, who was “scared to death” at the time, simply acknowledging the injustice of the government’s counterterrorism tactics was not enough. She felt compelled to fight back. The two-month-long trial surrounding the “Bronx Terror Plot” saw her either sitting in the courtroom or standing on the steps of the federal courthouse in White Plains, New York, protesting the war on terror in both its domestic and foreign manifestations.

She talked to the press. She marched in the streets. Even after the trial ended in a guilty verdict, she did not let up: Every waking moment was spent fighting with her sister Elizabeth on David’s behalf.

Before long, she connected with other advocates and began speaking on panels alongside the family members of hundreds of Muslims who have been incarcerated on terrorism charges since 9/11.

She remembers a time when she was the only Black woman and non-Muslim in those organizing spaces. “It was new for me,” she tells Rewire. “I was different: I’m very outspoken, I cuss a lot. But they accepted me as a sister. Because I was saying and doing what they all wanted to—I was standing up and cussing out the government for taking our boys away.”

In the third part of Rewire’s “Living in the Shadow of Counterterrorism” series, we talk to some of the families and activists who have spent the past decade and a half fighting to expose religiously biased federal policies that have fanned the flames of Islamophobia and torn hundreds of American families apart.

At the heart of their struggle is a campaign called No Separate Justice, a nationwide effort to unite groups fighting on multiple fronts and across various marginalized populations to highlight the criminalization of Muslims in the United States.

Humble Beginnings

This past January Zurata Duka, an ethnic Albanian immigrant whose story Rewire reported on previously, entered a Philadelphia prison where three of her four sons were being held pending a court hearing. There, for the first time in eight years, she held them in her arms.

Dritan, Shain, and Eljvir Duka had been arrested in 2007, in connection with an alleged plot to attack the Fort Dix military base in New Jersey. The plot turned out to be manufactured by the FBI with the help of confidential informants, who worked for months to try and record evidence of the Dukas’ involvement in the plan.

Though the prosecution was unable to establish proof that the brothers had agreed to the plot, and despite the fact that the FBI’s own informant testified that the brothers were ignorant of the plan, a jury found them guilty and sentenced all three to life in prison, with an additional 30-year sentence for the youngest, Eljvir.

Imprisoned far from home—in Kentucky, West Virginia, and Colorado—the three brothers almost never see their parents, siblings, or the children that both Dritan and Eljvir left behind. For years they were even cut off from physical contact with their family as the government shuffled them between multiple high-security federal detention centers, where they were held for long periods in isolation. To this day Eljvir remains in solitary confinement.

The fact that Zurata Duka was able to embrace her sons after nearly a decade was thanks in large part to a coalition of individuals and organizations who have worked for years to keep alive the case of the Fort Dix Five, as the Duka brothers and their two co-defendants came to be known in the media.

Under legal and social pressure, New Jersey District Judge Robert B. Kugler—the same man who presided over the original trial and sentenced the brothers back in 2009—agreed in 2015 to hear a motion for retrial, based on the contention that the brothers had received ineffective counsel. At the time of writing, he had yet to issue a ruling.

A few months ahead of that hearing, a woman named Lynne Jackson drove down to the Camden courthouse in New Jersey along with several other activists and unfurled a huge banner that read ”Free the Fort Dix 5.”

It was a freezing November day, she tells Rewire in a phone interview, but the members of the Fort Dix Five Family Support Committee clustered together, passing out leaflets about the Duka brothers’ case, which had captured national headlines back in 2009.

At one point, Jackson says, two courthouse officials came outside to ask what the protesters were doing.

“I think they were surprised that people hadn’t forgotten about the Dukas, that two months before they were scheduled to appear their supporters were standing around in the freezing cold behind a massive banner,” Jackson says. “How could we forget such an injustice? It keeps me awake at night. So this is what we do: We try to keep these cases alive.”

Jackson’s support for Muslim Americans’ rights dates back to 2007, when she and several other concerned citizens came together around the cases of Yassin Aref, an Iraqi Kurdish refugee, and Mohammed M. Hossain, a Bangladeshi immigrant, who were convicted in 2006 on terrorism charges.

Both men were residents of Albany, New York. Aref had been a well-known imam, and Hossain the owner of a struggling local pizzeria, when an undercover FBI informant named Shahed Hussain showed up in the community with gifts, promises of cash loans, and stories of his involvement with a Pakistani terrorist group, according to court testimony, the New York Times reported.

For months the informant attempted to engage Hossain in discussions about terrorist activity. One such conversation, which was caught on tape and subsequently played at trial, the Times reported, involves the informant claiming that the $50,000 loan he had promised to the pizzeria owner came from the sale of a missile launcher that would eventually be used to assassinate a Pakistani diplomat in New York.

Ultimately, the defendants were tried and convicted on charges of providing material support to a terrorist network.

As Rewire has reported previously, the federal government has used material support statutes to incarcerate hundreds of Muslims since 9/11. Legal scholars contend that while the laws originally sought to prohibit citizens from providing fiscal support, weapons, or intelligence to designated terrorist groups, courts have interpreted the statutes far more broadly in the decade since September 11, convicting individuals whose faith or ideology supposedly “predispose” them to violence.

According to the complaint filed against the two Albany men, Hossain’s only “crime” was to accept a loan from the FBI informant, while Aref did nothing but witness that loan in his capacity as an imam, as per Islamic custom—actions that the prosecution charged amounted to money laundering in the service of a terrorist organization.

Shocked by the extent to which the government had gone to infiltrate their community and ensnare two Muslim men in a bogus scheme, residents like Jackson began to mobilize. She joined the Muslim Solidarity Committee, which had sprung up in 2006 as a kind of hub for supporters of Aref and Hossain.

Activists quickly realized that, far from being an aberration unfolding in their town, the Aref and Hossain case represented a pattern in which federal law enforcement practices were eviscerating the rights and liberties of many Muslim residents, Jackson tells Rewire. Faced with what was clearly a nationwide trend, the committee folded into a larger effort known as Project SALAM (Support and Legal Advocacy for Muslims), becoming just one of several chapters around the country.

Project SALAM now falls under an even broader umbrella group, the National Coalition to Protect Civil Freedoms (NCPCF). The coalition’s legal director, Kathy Manley, tells Rewire in a phone interview: “We work with rights groups and families to defend Muslim residents who are being—or might be—prosecuted, not for something they did, but because of what the government fears they might do.”

She referred to this legal strategy of prosecuting individuals who have not committed a crime as preemptive prosecution. It is a term that neatly sums up the FBI’s post-9/11 counterterrorism program, whose most controversial feature has been the widespread use of confidential informants to involve Muslim residents in government-manufactured terrorist plots.

As of 2014, counterterrorism operations accounted for 40 percent of the bureau’s $3.3 billion operating budget, according to a 2014 report by Human Rights Watch. Informants likely account for a significant portion of those funds: as of 2007 the FBI had about 15,000 confidential informants on its payroll, up from 1,500 in the 1970s.

Families and organizers with the No Separate Justice campaign are all too familiar with this tactic and—in some cases—with the informants themselves.

The Newburgh Four: Sowing the Seeds of Solidarity

In the spring of 2008, Shahed Hussain, the same informant who targeted Aref and Hossain in Albany, showed up in the economically depressed town of Newburgh, about 60 miles north of New York City.

Over several months, he set about infiltrating eateries and houses of worship, including the Masjid Al-Ikhlas, whose congregation counted many Black American Muslims.

As the mosque’s imam, Salahuddin Muhammad, noted in the 2014 HBO documentary The Newburgh Sting, most of the congregation was put off by Hussain’s extremist views, including his conservative attitude toward women and his talk of jihad. But one man, James Cromitie, was taken in by Hussain’s flashy car and promises of money, and the two struck up a friendship.

Over time, Hussain convinced Cromitie and three other men to participate in a plan that involved attacking synagogues in the Bronx and firing missiles at a U.S. air base in Newburgh. Hussain offered the men $250,000 for their efforts. One of the men lured by this extravagant promise was Alicia McWilliams’ nephew, David Williams, a young Black Muslim convert who’d grown up in Brooklyn but had returned to Newburgh in 2009 to help care for his young brother Lord. According to reports, Lord had recently been diagnosed with a terminal liver disease.

As Anjali Kamat reported for Democracy Now! in 2010, Lord needed a liver transplant in order to survive, a medical procedure the Williams family could not afford. In fact, all of the men ensnared in Hussain’s plan were struggling financially. They had also served time in prison, and one of them, a Haitian-born immigrant named Laguerre Payen, was a paranoid schizophrenic.

Kamat added, “[Payen] lived in a one-room occupancy in Newburgh’s crack alley. When he was arrested, there were open containers of urine [in] his room, because he was too afraid to walk down the hall to use the restroom. This man, we’re supposed to believe, is a terrorist.”

On May 20, 2009, as they attempted to carry out the fake operation, all four men were apprehended and three of them, including Cromitie and Williams, were subsequently sentenced to 25 years in prison for conspiring to use weapons of mass destruction in the United States. At least two of the defendants maintain that they had planned to foil the plot all along.

After receiving that fateful call from her sister following the arrest, Alicia McWilliams began connecting with advocates from Project SALAM and NCPCF and speaking out against the policies put into place since 9/11 that were explicitly targeting Muslim Americans.

But organizing around domestic terror cases is no easy task. Family members have told Rewire that the stigma of the word alone has pitched them into poverty and isolation, as relatives, religious communities, and prospective employers disappear from their lives, fearing guilt by association.

McWilliams says that back in 2009 many of the women she met—women who are now at the forefront of the No Separate Justice movement—were still in the shadows, silent for fear of being retaliated against.

“I told them, ‘You gotta come out and let people know you won’t be quiet,’” she tells Rewire.

Two women in particular were deeply affected by McWilliams’ words: Zurata Duka and Shahina Parveen, whose stories Rewire has reported on previously.

In multiple interviews with Rewire, Parveen explains that McWilliams often gave her the courage to speak out in public—something she had never done prior to her son, Matin, being targeted by an informant and sentenced to 30 years in prison on charges of providing material support to terrorism. Parveen says she and McWilliams have sat by each other during the most challenging times. A devout Muslim, Parveen once even accompanied McWilliams to church.

“Now Mama Shahina is out there doing her thing,” McWilliams says, referring to the monthly vigils that the No Separate Justice campaign hosts outside the Metropolitan Correction Center (MCC) in downtown Manhattan, where Parveen can often be heard advocating on behalf of Muslim prisoners.

McWilliams lives too far away to attend the vigils, but she says she remains connected to her “sisters.”

“These are beautiful women,” McWilliams tells Rewire, “And we love each other unconditionally.”

Fighting on Multiple Fronts

McWilliams, who often refers to her nephew’s case as “COINTELPRO all over again,” was not the only person Rewire interviewed for this series to draw parallels between the current counterterrorism effort and the counterintelligence operations of old.

Laura Whitehorn, a former political prisoner who was incarcerated for 15 years in connection with the Resistance Conspiracy—actions undertaken by white anti-imperialists in 1985—recalls speaking about the history of COINTELPRO at one of the earliest conferences of families affected by terrorism prosecutions, back in October of 2011.

“I talked about the number of incarcerated Black Panthers who are still in jail, about the murder of Fred Hampton [a member of the Panther Party], which was engineered by the FBI and carried out by the Chicago police, and about how COINTELPRO framed, arrested, and assassinated so many people who were part of militant movements in the ’60s, ‘70s and ‘80s,” Whitehorn tells Rewire. “Afterwards some of the women, the mothers who had not yet become as active in the movement, came up to me with tears in their eyes, two of them speaking to me through a translator, and said, ‘We never knew that your government did this.’”

She says the No Separate Justice vigils have provided a space for unity between populations that have historically been incarcerated for so-called radicalism—including Black, Puerto Rican, Native American, and white anti-imperial activists—and the Muslims who are now being targeted by the federal government.

The monthly gatherings outside the MCC draw an eclectic crowd, with each case attracting activists from across the political spectrum. Vigils held in honor of the Holy Land Five, for instance—a group of Palestinian men whose charitable contributions to local Palestinian communities was deemed a form of “material support” for Hamas, the governing authority of the Gaza Strip—drew scores of Palestinian rights groups and anti-Zionist Jewish activists, including members of Adalah-NY and Al-Awda NY.

When Shahina Parveen or other South Asian immigrants have been in the spotlight, members of the youth and worker-led Desis Rising Up and Moving (DRUM) have turned out in large numbers.

Meanwhile, cases like that of Shifa Sadequee, a Bangladeshi American who was convicted on terrorism charges in 2009 and whose story Rewire covered at length earlier in this series, has drawn support from queer activists and groups organizing around political prisoners. According to Shifa’s sister Sonali, supporters of U.S. political prisoners were among the few people who stood by the Sadequee family when Shifa was arrested back in 2006.

“Large parts of the immigrant Muslim community in Atlanta [where the family lived at the time] were completely hands off,” Sonali tells Rewire in a phone interview. “It was heartbreaking: No one wanted to deal with the issue, they didn’t even want to touch it, to come close to it.”

Their support came instead from Black activists, including those involved with the Jericho Movement, a nationwide effort to free political prisoners in the United States. Both sisters had rallied with folks from Jericho, particularly around the case of Mumia Abu-Jamal, a Black journalist and author who has spent over 30 years in prison, almost all of them on death row. While ostensibly convicted for the 1981 shooting death of a Philadelphia police officer, advocates believe that Abu-Jamal was incarcerated for his radical views on Black liberation and his outspokenness as a reporter and radio personality.

The sisters had also participated in efforts to free imam Jamil Abdullah Al-Amin, known in the 1960s as H. Rap Brown, when he was chairperson of the Student Nonviolent Coordinating Committee. A resident of Atlanta, Georgia, Al-Amin has been a “target of the government due to his radical beliefs,” according to reports. His supporters claim he was framed for the shooting deaths of two sheriff’s deputies in 2000.

“There was a powerful Black Muslim community already in place that understood the issues we were dealing with, that took up Shifa’s case and basically gave us whatever support we needed,” says Sonali. As Shifa’s case unfolded, it became clear to his family and his supporters that he, like many Black activists, had been targeted largely for his political views. His sisters say the prosecution relied heavily on Shifa’s religious teachings, his political opinions and his work as a translator of Arabic texts when pressing their case to the jury. The framework within which movements for political prisoners have organized for years became a crucial one for understanding Shifa’s situation, they say.

Activists from Atlanta’s queer community, as well local groups like Project South, also stood behind the family from day one—even when members of their own Bangladeshi Muslim community shunned them.

“It was such a blessing, such a relief, to have this politically conscious community in place,” Sonali tells Rewire. “They kept us going.”

And yet, while echoes of COINTELPRO shimmer in the current landscape, some say the situation Muslim residents face today is unique.

“Back then the FBI mostly targeted political activity,” Whitehorn tells Rewire. “Now they seem more interested in building a fake narrative that citizens of the United States are at risk of, or endangered by, Muslims—even those without political leanings.”

She points to politicians like Donald Trump, the presumptive Republican presidential nominee, whose inflammatory rhetoric—including his call for a ban on Muslims entering the United States—appears to have fanned Islamophobic sentiment. Since the 2016 presidential election campaigns began, there has been a documented uptick in anti-Muslim violence, from 154 reported incidents between January and December of 2014, to 174 by the end of 2015.

But while families and advocates are alarmed by right-wing rhetoric, they are quick to highlight prevailing policies that have, over the past 15 years, pitched hundreds of families and whole communities into fear and despair.

“If Trump becomes the definition of what Islamophobia looks like, more ‘polite’ or legalized forms of injustice might be made more acceptable in the process ” Jeanne Theoharis, a political science professor at Brooklyn College and co-founder of the NSJ movement, tells Rewire, pointing to controversial counterterrorism tactics that have unfolded, unchecked, under the Obama administration.

“I am heartened by the rising movements pushing back against Trump and Islamophobia but I worry about the ways in which our attention to Republican candidates’ extremism gives a pass to what has already happened, and continues to happen, to many Muslim families in this country,” she says.

In the last two years alone, which saw the November 2015 Paris attacks and the December 2015 shootings in San Bernardino, California, 85 individuals in the United States have been arrested on charges relating to involvement with the Islamic State of Iraq and Syria (ISIS), according to an April 2016 report by George Washington University’s Program on Extremism. The average age of those arrested is 26, and 54 percent of the cases involved an informant or undercover agent.

So the national security apparatus grinds on. The only thing standing between it and scores of Muslim American families under surveillance is this small women-led movement that has taken on the impossible challenge of fighting extreme religious intolerance with interfaith unity.

As Alicia McWilliams says to Rewire: “We’re making some progress but we gotta do more. People need to start showing up for us, speaking out for us. My Muslim sisters and I, we’re fighting—but we can’t do this alone.”