some THE SENATE . STATE OF NEW YORK April S, 2011 The Honorable Greg Ball Chairman Senate Committee on Veterans, Homeland Security, & Military Affairs 817 Legislative Office Building Albany, NY 12247 Dear Chairman Ball: We write to you to express our concer regarding the Senate's upcoming hearing entitled, “Reviewing our Preparedness: An Examination of New York’s Public Protection Ten Years After September 11.” New York State faces unique and very real challenges to ensure the safety of all our citizens. However, we are troubled that elements of this and subsequent hearings do not accomplish the stated objective of the Committee to secure our state, Instead, this hearing will provide a venue to unqualified individuals who profit from maligning Muslims. Unfortunately with the rising use of racist and incendiary language over the past two years there are increasing acts of violence, isolation, and discrimination against Muslim, Arab, Sikh, and other South Asian communities. The State Senate has a solemn obligation to ensure that this institution does not enable or fe] misconeeptions and prejudices toward any religious or ethnic community. The members and committees of this body are required to fact-find in order to develop policies with the best information available. Unfortunately, the actions and words of some of the witnesses invited by you seek only to inflame hysteria and place an entire faith under suspicion. ‘One of the so-called experts invited to testify, Nonie Darwish, lacks the authority to speak on ‘Shariah, the Arabic word for Islamic jurisprudence. Other than obtaining a bachelors degree in Egypt, we are unaware of Ms, Darwish’s scholarly credentials. {tis also worth noting that recently both Columbia and Brown University withdrew their invitation to her. Yet despite this. Ms, Darwish, who is neither a legal or religious scholar has been invited to speak. In public interviews she asserts Islam is “not a true religion,”’ and that “inside Islam, it's a rotten Anti-Atustin erascalers make miltios spreading feer, Bob Smietana, The Tennessean, Oct. 24, 2010, available at, buip: www tennessean.comvarticie 20101024/NEWSOI 10240374’ Anti-Muslim-crusaders-make-million spreading-fear. Frank Gaffney. head of a nonprofit, isa panelist scheduled for a future hearing eared $288,300 in 2008. 'Nonie Darwish interviewed on September 16. 2008 on the syndicated radio program, the Jan Markell show. ‘vuilable at, Intp: mediamatters.org researel¥2008091 70020%Fs. search oreligion.”’ In her book she writes that the Quran is "violent, incendiary, and disrespectful, Furthermore, less than two months before the presidential election in 2008 Ms. Darwish stated that President Obama’s mother was a “radical” for having a relationship with a Muslim man and that the President is a “political Muslim” and asserted that he was raised un-American.” These statements alone should give pause to the veracity and credibility of the testimony provided by this individual. Ini addition, by including Istamic law as a topic of the hearing, you conflate the religious observations and practices of a faith into a security matter. Some opportunists and political leaders have sought to create hostility against Muslims by raising the specter of the Shariah “bogeyman’ as a threat to America, We find this disconcerting, especially as thirteen states have introduced legislation prohibiting their respective state courts from applying Islamie law in adjudicating matters, with a bill in Tennessee making the observance of Shariah punishable by 15 years in prison.* Ironically, those promoting anti-Shariah initiatives are themselves in violation of the Supremacy Clause in Article VI, the Establishment and Free Exercise of Religion Clauses of the First Amendment Clauses, the Contracts Clause of Article I, as well as the Due Process Clause of the Fourteenth Amendment of our federal Constitution.’ Notably, this past November, Oklahoma passed the anti-Shariah “Save our State” constitutional amendment, only to have a federal judge grant a permanent injunction nullifying it.* We are also concerned about the selection of Frank Gaffney who is scheduled for a subsequent hearing in Albany. Mr. Gaffney recently testified before a court in Murfeesboro, Tennessee in support of petitioners challenging zoning approval for a mosque who argued that Islam is not a religion. In his testimony Mr. Gaffney announced that “Sharia is the enemy-threat doctrine we face today. ..and that threat has trickled down to local governments.” In his opposition to the construction of mosques, Gaffney describes that imams (Muslim congregational leaders) impose Shariah, which “ultimately winds up becoming a cancer inside a society.""” Sd * Book Review National Post, by Thomas Nelson, Feb. 7, 2009 on Cruel and Usual Punishment: The Terrifying Global implications of Islamie Law by Nonie Darwish, available ar, hip: network.ationalpost.com/np/blogs/afterword/archive!2009/02/1 7book-review-cruel-and-usual-punishent- {the-terrifying-global-implications-of-slamic-law-by-nonie-darwish avpxtixzz117010n60, 2 Supra En. 2 © Report: At Least 13 States Have Introduced Bill Guarding Against Non-Existemt Sharia Law Theat, Feb. 8, 2011 gvailable a, np: thinkprogressorg/201 1/02 08 sharia-states!. "See Report by New York City Bar Association, The Unconstitutionality of Oklahoma Referendum 755 The Save ‘Our State Amendment,” available at, htp:/vwww abcny.org/pdlireporVuploads/20072027- ‘UnconstitutionaltyofOklahomaReferendum755.pdf, (discussing the Constitutional implications of Oklahoma's Constitutional amendment.) * Judge Blocks Oklahoma's Ban on Using Shariah Law in Cour, James McKinley, Nov. 29, 2010, avatteble a hhup: www nytimes com/2010 11 30 us 30cklahoma him. ° TN Mosque Opponents Bring In National Sharia ‘Exper’ Frank Gaffney, Rachel Slajda, Sept. 28, 2010, available hhup: tpmmuckrakertalkingpointsmemo.comv2010/09/in_mosque_opponenis bring_in_national_ sharia_experphp. "" Gatfies on CNN Mosques Want to Destroy Western Civilization from Within, Rachel Slajda, Sept. 29, 2010, evailable an, bhup: tpmmuckraker.tatkingpointsmemo.conv2010°09 gaffney on cnn mosques want to destroy western civiphpThe increasing vitriolic rhetoric from the shovementioned individuals and others, including some irresponsible political leaders coincides with a rise in violence against members of the Muslim, Arab, Sikh, and South Asian communities. Children are being harassed and abused at schools, houses of worship are being vandalized and desecrated, and individuals are being discriminated against at work and physically harmed on our streets. Just this month, two elderly Sikh men wearing turbans with full beards were shot as they went for an evening walk, one was tragically killed." On March 30th, a 12 year old Muslim gitl was attacked in Staten Island by two classmates who according to police reports had harassed, beaten, and thrown her to the ground, asking if she was Muslim while trying to pull off her headscarf.” The growing intolerance is also exemplified in a statistic provided by the Department of Justice Office of Civil Rights on the issue of mosque consiruction, of the 24 cases opened by the Civil Rights Division since 9/11, 14 have been opened in the past ten months alone.'? The above incidents and incendiary language betray the values of our nation. ‘The Senate should not lend voice or credibility to those who advocate intolerance, hate, and promote bigotry. Nonie Darwish and Frank Gaffney have no place before the Senate. Furthermore, as your hearing notice states, it has been nearly ten years since the attacks of September 11th, when thousands of Americans of all creeds and races were tragically lost. Now is the time for the Senate to examine the backlash of increasing hate crimes, harassment, and discrimination the Muslim, Arab, Sikh, and South Asian communities have endured so that the homeland is secure for all We thank you for your consideration of this critical matter. Sincerely, Rk KEVIN S. PARKER "4 Cee Skelos 5 A. \ ce) ‘Attack on Sikh Men Seen us Possible Hate Crime, Robert Lewis, Mar. 6, 2011, available at, Jp: www sacbee.cotn/201 1/03/06/3453199 atiack-on-two-sikh-men-seen-as him! "° 12-year-old Staten Island student faces hate-crime charges offer alleged headscarf assault inside Stapleton school, Judy L. Randali, Mar. 31, 201, available at, hp: www.silive;com/northshore/index ssf2011/03 pupil nabbed in_headscarf_assa hn Department of Justice Fact Sheet: Protect the Civil Rights of American Muslims Outreach and Enforcement Efforts, issued Mar. 29,2011 3Na GFRNEWYORK STATE _SENATE Tian REWORK eT ie April 5, 2011 The Honorable Kevin Parker Senator, 21" District 604 Legislative Office Building Albany, NY 12247 Dear Senator Parker: (On April 8", as Chairman of the Senate Committee on Homeland Security, I have called for a critical hearing on the issues of public safety and public protection. The issues that will be covered are broad, ranging from ‘weapons of mass destruction, security at Indian Point, the culture of Jihad and first responder interdepartmental communications. Asa Committee, we will explore and report on the preparedness of New York City and State to prevent and respond to an attack or disaster. Nearly a decade efter 9-11, our safety and security as New Yorkers must always tise above politics. Recent political quips by some, including you, are beneath all of us. From day one, in regards to this hearing, T have been open to suggestions regarding both the speakers invited to testify, and the issues that will be addressed at the hearing. Unlike any previous effort, and as Chair of this Committee, members of my office and I have sent letters, memos, emails, and made phone calls to every single Senator, including you, making the planning of this hearing completely transparent. Oddly, the same members who have signed your recent letter have never responded formally or informally to my outreach. Indeed, you never provided input and are only now trying {o create a political show for political theater. Our safety and security is not a joking matter, and you would be better suited to respond to the initial outreach, productively, rather than antagonistically. Let’s work together in the best interest of New York, and all her citizens. SypCeely, Cee Gregory K. Ball \ \ Chairman New York State Senate Committee ‘Veterans, Homeland Security & Military Affairs New York State Senate ‘Senate Committee on Veterans, Homeland Security and Military Affairs Senator Gregory R. Ball, Chairman Room 817, Legislative Office Building, Albany, NY 12247 Tel: (518) 455-3111 Fax: (518) 426-697710:00 AM - 10:05 AM Pee Security Hearing Agenda Ap ‘Senator Greg Ball Introductions 10:05 AM- 10:35 AM Peter T. King, US Congressman, Chairman of the Homeland Security ‘Committee, US House of Representatives ‘An Overview of America’s Preparedness since 9-11 10:35 AM- 11:05 AM Raymond W. Kelly, Police Commissioner City of the New York Testimony on New York Police Department's Pre & Post 9-11 Preparedness , ¥ Nonie Darwish, Author & Director of Testimony on Sharia Law and 11:08 AM fo 11:35 AM | Former Muslims United The Culture of Jihad 11:35 AM-11:50 AM Michael W. Cutler, Senior Special Agont INS, (Retired) Testimony on Identification, Drivers Licenses for legal Aliens 11:50 AM-12:15 AM (Michael O'Meara, Executive Vice President, Metropolitan Transit Authority PBA Testimony on Radio Interoperability 11:50 AM- 12:15 AM Robert Morris, Vice President, Port |Authority, PBA Testimony on Radio Interoperability in the MTA 12:18 PM- 12:30 PM. Fred Dacimo, Vice President for License Renewal, Dan Gagnon, Coordinator of Security, Michael Slobedin, Director of Emergency Programs Testimony on Entergy’s Indian Point Security and Emergency Preparedness 12:30 AM - 12:45 PM Robert Tucker, Chairman & CEO of T&M Protection Resources Private Contract Security Company's Role in Protecting ‘America's Most Prestigious Organizations and Sites 12:45 PM-1:00 PM Robert Liscouski, Former Assistant ‘Secretary (George W. Bush ‘Administration) for Homeland Security infrastructure Protection Testimony on Protecting the Homeland, Corporate Security and Infrastructure Protection 1:00 PM - 1:15 PM Douglas Zeigler, Director of Security, Metropolitan Transit Authority Testimony on Security in the Metropolitan Transportation Authority Since 9-11 1:15 PM -1:30 PM. [Charles Faddis, Former CIA Operations Officer / Head of WMD Terrorism Unit, Near East, South Asia and Europe Testimony on Weapons of Mass Destruction and Electro Magnetic Pulse Devices 1:30 PM - 1:45 PM. Don Boreli, Sr. V.P. of the Soufan Group /& Sr. Fellow at the Center for Advanced Defense Studies Testimony on Intemational Terrorism 4:45 PM -2:00 PM Dr. Robert McCreight, Expert w/the U.S. [State Department & Global Security Testimony on International / Global Terror Threat 2:00 PM-2:15 PM James O'Neill, Vice President, Fraternal Order of Police Testimony on Counter Terrorism on the Frontlines From an Officers View 2:15 PM-2:30 PM Donald B. Smith, Sheriff, Putnam County Sherriff's Department County Emergency Preparedness and Response to Terror Threats 2:30 PM- 2:45 PM Ed Kowalski, 9-11 Families fora Secure lAmerica Testimony on 9-11 Families 2:45 PM -3:00 PM ‘Senator Greg Ball Hearing Adjournment