Senseless in Seattle: Self-Inflicted Profiling Angst

It must be confusing to be an FBI agent these days. For years now, the practice of profiling, AKA stereotyping, has been officially forbidden, driven underground in the law enforcement community by political correctness and ACLU lawsuits. Fighting the War on Terror with agents blindfolded to race, religion, ethnicity, and other characteristics is becoming increasingly challenging, made more so by the ironic fact that even when the FBI forgoes profiling in potential terrorism investigations it is still criticized by the very groups it strives not to offend. The FBI’s recent release of photos of two unknown men observed conducting what may have been pre-attack operational planning on several ferries in Washington’s Puget Sound area generated an ironic response from Seattle’s Muslim and Arab-American community leaders.

The context of this incident is important to consider. The FBI, after interviewing ferry passengers and staff, was unsuccessful in identifying the two men, who were observed showing interest in critical and restricted areas of the ferries. So unusual was their behavior that ferry staff and passengers reported it to a ferry captain, who photographed the pair. That photo, obtained from the captain, was turned over to the FBI and subsequently released to the news media along with a request for anyone with information about the two men to contact the FBI. The FBI did not refer to the men as Muslims, Arabs, or even Middle Eastern.

That last fact made the swift and emotional response from Seattle’s Muslim and Arab-American community leaders all the more ironic. Their chief complaint was that they had worked hard to establish cooperative relations with the FBI in Seattle, but the FBI had damaged the tenuous partnership by releasing the ferry suspects’ photos without first consulting Muslim and Arab-American leaders. As reported by the Seattle Times:

Dozens of Muslims and Arabs have complained to community leaders about the photographs. The fallout has led to a meeting planned today between Muslim- and Arab-American community leaders and law-enforcement officials.

"We need to get some type of apology from them and figure out how to get back to where we were," said Rita Zawaideh, head of the Arab-American Community Coalition.

Remember, the FBI merely provided the photos to media sources because it wanted to interview the two men regarding their behavior on the ferries, not because of their appearance. Usually when government agencies are criticized in the media by hyper-sensitive groups, they turn tail and flee from the possibility of lawsuits and accusations of profiling. Fortunately, David Gomez, a supervisor in the FBI’s Seattle Field Office stood his ground and accused Seattle’s Muslim and Arab-American leaders of stereotyping in precisely the same manner they so loudly object to from law enforcement:

Gomez said the agency needs to address certain sensitive issues, but "people in those communities have to get over this sensitivity toward feeling victimized."

Many passengers have been stopped and questioned recently, as the ferry system has stepped up security once the FBI concluded the men might be watching the system. The stops are based on activities, not skin color, Gomez said.

Two days ago, a Seattle Times photographer, who is white, was stopped and questioned after taking photographs near the Mukilteo ferry terminal.

The FBI didn't take the photos of the two men to the Arab- and Muslim-American community because the agency doesn't know if the men are Middle Eastern, Gomez added.

"That seems potentially prejudicial to me, and in some ways worse than simply putting [the photos] out the way we did," Gomez said. "It is not us saying these guys look Middle Eastern."

Thus without knowing whether the ferry suspects were Middle Eastern, the FBI followed the most prudent and politically correct course possible in its quest to identify and locate the two men: it simply released the photos without guessing at the pair’s religious preference or ethnicity, and asked for the public’s help in identifying the two men because they were acting suspiciously on a public conveyance considered an attractive potential terrorist target. The FBI played its cards right in this situation, because had it taken the photos to Seattle’s Muslim and Arab-American community leaders asking for assistance, those leaders could have accused the FBI of assuming the two suspects were Muslim or Middle Eastern based on appearance only, a classic cry of profiling. The complaint of Rita Zawaideh that the FBI had consulted with leaders prior to other releases of suspect photos intentionally omits a crucial element: in those prior instances the FBI had already obtained through investigation some indication that those suspects were in fact Muslims of Middle Eastern descent.

The nature of the cooperative relationship previously established between the FBI’s Seattle office and Seattle’s Muslim leaders should be reexamined. While it is not uncommon for law enforcement to approach such leaders when there is some indication a suspect has ties to a particular religious or ethnic community, it would be unusual for a law enforcement agency to feel obliged to allow those leaders to preview all alerts or lookouts (BOLOs) prior to public release when an agency does not know the religion or ethnicity of a suspect. It would be irresponsible to share such law enforcement sensitive data, and it would be profiling. Should the FBI be required to select leaders from every conceivable ethnic or religious group, who will review suspect photos prior to public release? In a nation so diverse, suspects would have long since fled before the FBI could “consult” with representatives from an endless number of cultural communities.

By their own outrage at the FBI’s failure to consult them before releasing the suspects’ photos, Seattle’s Muslim leaders revealed their own penchant for profiling, clearly becoming angry after viewing the photos on the Internet and coming to their own conclusion that the two suspects were in fact Muslim and Middle Eastern based solely on physical characteristics. Had the FBI come to those same conclusions based on the same criteria, an ACLU lawsuit would have arrived at the FBI’s Seattle office before the ink had dried from its printing. Law enforcement agencies face a serious quandary, forbidden from officially teaching agents the art of profiling while simultaneously condemned for carefully avoiding it.

Seattle’s Muslim and Arab-American leaders did not need law enforcement profiling training to conclude from a photo that the ferry suspects were likely Middle Eastern Muslims. Unlike law enforcement, those leaders are allowed to judge by color rather than character. Their response conjured memories of the peasant mob in Monty Python and the Holy Grail, who when asked by Sir Bedevere how they knew a village woman was a witch replied, “Because she looks like one!” Apparently Seattle’s Muslim leaders applied the same logic when they viewed the ferry suspects’ photos. To its credit, the FBI withheld such superficial judgment, preferring instead to wait for investigative leads that might establish the suspects’ ethnicity.

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FBI, Seattle, Ferry, Terrorist Targets, Muslim Leaders, CAIR, Profiling, Arab-Americans, David Gomez, Rita Zawaideh, Terrorist Attack Planning, Puget Sound, War on Terror