National Security Experts Urge Supreme Court to Recognize Threat of Sharia-Supremacism
Amicus Brief Filed in Immigration Pause Case
WASHINGTON, D.C.— On Aug. 17, prominent national security experts filed a path-breaking friend of the court (amicus curaie) brief authored by the American Freedom Law Center (AFLC) on one of the most contentious and important public policy issues of the day: How do we stop importing jihadists?
In their amicus brief, former federal prosecutor Andrew C. McCarthy; Dr. Robert J. Shillman, founder, chairman and chief culture officer of Cognex Corporation; Adm. James “Ace” Lyons Jr., U.S. Navy (Ret.), former Commander-in-Chief of the U.S. Pacific Fleet; Lt. Gen. William G. Boykin, U.S. Army (Ret.), former Deputy Under Secretary of Defense for Intelligence; Ambassador Henry F. Cooper, former director of the Strategic Defense Initiative Organization and former acting Assistant Secretary of Defense; and Frank J. Gaffney and his Center for Security Policy argued that President Donald Trump’s executive order instituting a temporary immigration pause with respect to six failed or hostile states was fully constitutional and statutorily grounded.
The amici also presented a basis for improving the vetting of those who seek to immigrate from states where the threat of terrorism is rife—the actual object of the President’s order. The security experts observed that there are ample precedents, as well as compelling policy and legal grounds, for excluding adherents to the supremacist Islamic doctrine known as Sharia, as has previously been done with followers of such totalitarian ideologies as Nazism and Communism.
Gaffney observed, “The American people expect their president to protect them and their nation from jihadists explicitly seeking to destroy both. Our amicus brief makes clear that a pause in immigration from countries known to harbor such individuals and that either are unable or unwilling to work with us to prevent them from traveling to the United States is both constitutionally and statutorily permissible. More to the point, it is essential to national and homeland security as a necessary precursor to filtering out from here on would-be immigrants or refugees whose adherence to Islam’s Sharia doctrine obliges them to pursue jihad against us.”
The brief explains the precedents, the policy and legal basis for excluding from immigration or refugee status foreign individuals who advocate or adhere to an explicitly anti-Constitutional totalitarian political ideology—including the one best defined as Sharia-supremacism. That particular military, political and legal doctrine underpins and animates the jihad waged in various forms (e.g., by violence, immigration and high birth rates, material support for terrorism and subversion) by the host of Islamists currently doing business as the Muslim Brotherhood, al Qaeda, the Islamic State, the Taliban, Boko Haram, al Nusrah Front, al Shabab, Hamas, the Iranian regime, Hezbollah, etc.
David Yerushalmi, the co-founder and senior counsel of the American Freedom Law Center, noted: “Most of the president’s adversaries will claim the travel ban is a disguised ban on Muslims, while the president and his legal team from the Solicitor General’s Office will flee from that fight by arguing that it has nothing to do with Muslims or Islam. This brief plants a flag of coherence on the beach we must take if we are to protect this country’s security from the quiet and legal infiltration of jihadists flowing in from not only Muslim failed states, but also Muslim functioning states, Africa, and even Europe.”
The national security experts’ brief may be downloaded here.
For 25 years, the Center for Security Policy has pioneered the organization, management and direction of public policy coalitions to promote U.S. national security. Even more importantly, the Center’s mission has been to secure the adoption of the products of such efforts by skillfully enlisting support from executive branch officials, key legislators, other public policy organizations, opinion-shapers in the media and the public at large.
Under Gaffney’s leadership as founder, president and CEO, the Center has been nationally and internationally recognized as a resource for timely, informed and penetrating analyses of foreign and defense policy matters. Gaffney has served in many high-level security posts, and is also an author, columnist and radio host. His hour-long, nationally syndicated program airs every weeknight, and his daily “Secure Freedom Minute” commentaries are heard on 200 stations coast-to-coast.