We all have a stake in the lawsuit against DeSantis for declaring CAIR a terrorist organization

News and views for discerning Floridians and other independent-minded Americans

Hiba Rahim, interim executive director for CAIR-Florida, speaking in Tampa — Photo courtesy of WGCU

The president of the United States and the governor of Florida are having a field day issuing executive orders declaring one group or another as terrorist organizations.

But now at least one of those organizations is pushing back, and we all have a stake in the outcome.

A couple of months ago, you may recall, Donald Trump issued an executive order entitled: “Designating Antifa as a Domestic Terrorist Organization.”

Immediately thereafter, Florida’s senior U.S. senator, Rick Scott, filed a bill called the “Stop Antifa Act” that so far has been buried in the Judiciary Committee and has not surfaced for a vote.

This was widely derided as the utter nonsense it is because, among other things, Antifa is not an actual organization. It has no dues-paying members, it has no headquarters, it has no K Street lobbyists.

It’s an idea, an ideology. It would be like declaring “capitalism” or “socialism” or “democracy” organizations. They aren’t. They’re ideas. And, yes, groups form around those ideas, but that is protected by the First Amendment of our Constitution.

These efforts to discredit Antifa have always been cheap right-wing theatrics.

And let us not forget what Antifa is short for: Anti-Fascism. Just like these guys:

More recently, here in the Free State of Florida, Gov. Ron DeSantis — not to be outdone by his rival from Mar-a-Lago — has issued his own executive order declaring a Muslim advocacy group known as CAIR to be a terrorist group.

To DeSantis’ credit, at least CAIR is an actual organization with an actual headquarters in Washington and offices around the country, not just an ideology like Antifa.

But by what authority and using what evidence has DeSantis done this?

CAIR has now filed a lawsuit contending that our governor has exceeded his authority and that his declaration is unconstitutional and should be thrown out.

CAIR stands for the Council on American-Islamic Relations. It is an advocacy group.

You may agree with its goals, or you may not. That’s actually immaterial, CAIR rightfully argues.

The important constitutional question is whether a governor should have the ability to pick and choose groups he likes or dislikes and interfere with them without any basis in law.

CAIR contends that’s what DeSantis is doing.

As Florida Phoenix reported today, DeSantis’ order:

… directed Florida’s executive and Cabinet agencies, as well as every county and city, to deny local or state contracts, employment, funding, benefits, or privileges to CAIR and anyone known to provide “material support” to CAIR, including “expert advice or assistance.”

The order directs the Florida Department of Law Enforcement (FDLE) and the Florida Highway Patrol (FHP) to undertake “all lawful measures to prevent unlawful activities in Florida” against terrorist organizations designated in Section 1 of the executive order, which includes the Muslim Brotherhood.

For the record, neither CAIR nor the Muslim Brotherhood is designated as a terrorist organization by the U.S. State Department.

In response, CAIR contends:

“This executive order does not present facts, it does not cite investigations, it does not point to any criminal findings. It simply declares guilt by proclamation,” said Hiba Rahim, interim executive director for CAIR-Florida.

“It does not matter whether you agree or disagree with our policies or our advocacy. What should concern every American is the implication of allowing a government official to apply criminal designations without due process. This is not how things work in America. In this country, allegations come with evidence and evidence is tested in court. And it is judges, not politicians, who decide what is lawful.”

It further notes that DeSantis’ order:

• Illegally usurped the exclusive authority of the federal government to designate American organizations as terrorist groups based on allegations of material support for foreign terrorist groups.

• Violated the Constitution’s guarantee of due process by unilaterally designating CAIR a criminal actor and then ordering immediate punitive, discriminatory action against CAIR and its supporters without any chance to appeal that punishment or designation.

• Violated the Constitution’s guarantee of free speech by punishing Americans who seek to provide CAIR with material support, including speech in the form of “assistance” and “advice,” and retaliating against CAIR for speech he finds objectionable, including the organization’s past lawsuit against him and its activism in support of Palestinian human rights.

CAIR’s lawsuit was filed this week in federal court in Tallahassee.

I think the question we should all be asking ourselves is straightforward: If CAIR is unsuccessful in blocking DeSantis, who’s next?

Related:

There’s a new terrorist organization in Florida--at least according to Ron DeSantis

Designating Antifa as a Domestic Terrorist Organization

CAIR-Florida files lawsuit against DeSantis after ‘terrorist’ designation

What is Antifa?

What is CAIR?

J.C. Bruce, journalist and author, is the founder of Tropic Press. He holds dual citizenship in the United States of America and his native Florida.

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