President Obama , as recently as Sept. 28, and on 60 Minutes said, " Islam is a peaceful religion" and "We are not now nor will we ever be at war with Islam."
That being said, Mr. Obama should have no problem then with defining that a religion is a peaceful group of people that obeys the Rule of Law in the United States, and assembles peacefully.
The First Amendment states," Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The problem is for law enforcement. In general, our judicial system hesitates, prohibits and hinders lawful investigations at times when a "religion "is involved. Our DOJ requires the FBI to obtain permission to even open a case on a religious group.
"So what …" you say?
Well, when FBI Minneapolis obtained the computer of the "individual" who wanted to learn to fly commercial planes but not learn to take off and land, the Department of Justice ( DOJ) would not authorize a search warrant to access his computer! The info on that computer might have prevented 9/11!
In 1992, FBI NY obtained information that a blind sheik in Brooklyn was preaching violence and the FBI sought to open an investigation and send in informants/undercover Agents. DOJ approval was necessary to open an investigation/obtain a search warrant/use informants on a "Religious" group and said "no."
This was before the first World Trade Center Bombing in 1993.
I'm not certain who was Deputy Assistant AG of the Civil Rights Division in 1992 but Eric Holder was DOJ Attorney for the Civil Rights in 2001.
I'll bet that Holder was involved in the 2001 decision!
There are over 35 religious "encampments" in the U. S. claiming to be religions, all the same religion. I won't mention the name of the religion.
Residents in nearby towns report hearing gunfire and what sounds like explosions. Law enforcement's hands are tied. They are denied access by armed guards at the gates and cannot search the "encampments" as they are "religious."
Criminals and terrorists s are not always stupid and sometimes claim that they are a religion when they are not. So here is the answer: The 28th Amendment, which I wrote several years ago.
"1. No group, of two or more people, that preaches or practices violence of any type, where that violence is in direct conflict with the Constitution or the Laws of the United States, or the Laws of the States, may be considered a Religion, as set forth in the First Amendment to the United States."
"2. No such group shall be afforded any of the protections, either criminal or civil, afforded to Religions by the Constitution or the Laws of the United States or the Laws of the States and is by this Amendment defined as a Criminal Organization, and may be investigated and prosecuted to the fullest extent of the law by law enforcement agencies of the United States and the States in accordance with the laws of the United States and the states.
"3. No investigation of any group, as defined in 1 above, by any duly appointed and sworn Law Enforcement Agency, may be thwarted, infringed or hindered by anyone or any agency or any Judicial Jurisdiction under the claim of religion, religious group or faith.
"4. Gunfire, explosions, military training, the practice of assault techniques by any group of two or more people who claim to be a religion are all probable cause to believe that the group is not a religion."
Someone is at war with us and is training here on our soil and using our own laws to thwart investigation.
We really ought to let law enforcement find out who they are!
Please, tell me what you think.
If you agree, send this to your elected officials like Schumer and Gillibrand.
J. Gary DiLaura is a retired FBI agent.