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Sep 16

Written by: Diana West
Wednesday, September 16, 2009 4:00 PM 

Former Muslim Rifqa Bary is a 17-year old apostate from Islam who has sought refuge in the state of Florida.

John D. Guandolo is a 12 ½ year veteran of the Federal Bureau of Investigation. 

The Center for Security Policy asked Guandolo to assess the Florida Department of Law Enforcement’s investigation of the Ohio-based parents of Rifqa Bary. The Florida law report is provided here.

Guandolo found significant errors and omissions in this Florida investigation that show a failure in Florida's professional responsibility in handling the Rifqa Bary case. Governor Crist and the Florida Department of Law Enforcement management need to get new investigators on the job, start over, and this time do it right.  A life may be at stake due to Florida's negligence -- and willful blindness --  in conducting this investigation.

By John D. Guandolo:
Response to FDLE Investigative Report on Rifqa Bary Matter

Upon my review of the report filed by the FDLE regarding the Rifqa Bary Matter in Florida, I offer my professional opinion.

1. The Florida Department of Law Enforcement (FDLE) Investigative Summary OR-73-1741 encapsulates the investigation into allegations made by Fathima Rifqa Bary (hereafter referred to as "Rifqa Bary") that she is or may be in physical danger from her father, Mohamed Bary, or others.   Point 4 on page 2 of the report states Rifqa Bary believes her life to be in danger from an "honor killing" by her family or others, which she states is in accordance with Islamic Law.  The report finds: "Ms. Bary's concern that she may be killed because of her conversion from Islam to Christianity remains a subjective and speculative concern..."   and concludes there is no conspiracy to commit violence against her.  The investigators in this matter offer this opinion void of any knowable facts. 

In fact, a due diligence review would reveal the existence of authoritative Islamic Law texts officially translated into English.  This review would further reveal Islamic Law - which is real law - has requirements and rules as to how  to deal with those who leave Islam [eg The Classic Manual of Islamic Sacred Law, "Umdat al-Salik" also known as "Reliance of the Traveller" - publicly available].  If it can be shown (1) there is a requirement in Islamic Law for killing Ms. Bary as a publicly declared apostate from Islam, (2) that her parents adhere to Islamic Law, and (3) that she did, in fact, leave Islam and convert to Christianity, then the FDLE has a professional responsibility to include these facts in this report, and investigate this matter fully.  There is nothing subjective about this - these are all ascertainable facts.  I would hope the Florida State's Attorney's Office has done their due diligence on this matter and is aware of this.

2. Mr. Bary's comments to the Investigators claiming there is "absolutely not" any concept of Honor Killings under Islamic Law can also be comparatively and factually reviewed against Islamic Law.  There are, in fact, rules and requirements as to how apostates should be handled within the context of Islamic Law, and these facts must be reviewed by FDLE if a professional and factual report is to be completed.

3. It was noted that the Executive Director of the Council on American Islamic Relations (CAIR) -Columbus (Ohio) and the Staff Attorney for CAIR were present during the interview of Mr. Bary by FDLE Investigators.  Absent from the FDLE report was any mention that CAIR is a known Muslim Brotherhood entity and an unindicted co-conspirator in the Holy Land Foundation (HLF) trial - the largest terrorism financing trial in U.S. history - revealing HLF as a Hamas/Muslim Brotherhood front in the United States.  All defendants in this case were found guilty in November 2008 and are serving long prison terms.  These facts about CAIR were testified to at trial, and accepted as legally true.  They are irrefutable - the documents demonstrating these facts were stipulated to by the defense.  The Muslim Brotherhood's (MB) creed is "Allah is our goal; the Messenger is our guide: the Koran is our constitution; Jihad is our means; and martyrdom in the way of Allah is our inspiration," and their stated objective in America is a "Civilization-Jihad" to destroy the United States from within, and the MB exists to implement Islamic Law here in the United States.  All of these facts are relevant for two critical reasons.  First, these material facts should be made known to the State Attorney's Office and any Judges involved in this case as a matter of course.  Secondly, when representatives from an organization that is objectively known to be hostile towards to the United States and unindicted co-conspirator in the largest terrorism financing trial in U.S. history, are allowed to be present during a law enforcement interview of someone, it raises questions as to why they were allowed to be present at the interview at all.  These facts further demand an objective look to determine if the Muslim Brotherhood itself has a position on Islamic Law and Apostasy.  One of the MB's two stated objectives is to implement Islamic Law in North America (and across the globe), and it is known they call for adherence to Islamic Law wherever Muslim communities exist.   The Classic Manual of Islamic Sacred Law: Reliance of the Traveller is approved as valid Islamic Law by the International Institute of Islamic Thought (IIIT), a known Muslim Brotherhood entity, as proven in the HLF trial.  In Reliance of the Traveller, Investigators will find specific legal doctrine on how apostates are to be treated under Islamic Law.  Furthermore, the Muslim Brotherhood has a history of officially addressing the issue of Apostasy.  In 1984, Ismail R. Al-Faruki , the Founder of IIIT, stated:  "That is why Islamic Law has treated people who have converted out of Islam as political traitors...[Islam] must deal with the traitors when convicted after due process of law either with banishment, life imprisonment, or capital punishment...but once their conversion is proclaimed, they must be dealt with as traitors to the state."  Apostasy is also specifically addressed in Peace and the Limits of War, published by IIIT and written by Louay Safi, the former Executive Director of IIIT, Malaysia, the Association of Muslim Social Scientists (a proven Muslim Brotherhood entity), and the Executive Director of the Islamic Society of North America's (ISNA) Leadership Development Council.  ISNA was proven to be a Muslim Brotherhood entity and is also an unindicted co-conspirator in the largest terrorism financing trial in U.S. history - HLF.  The book is also approved by the Secretary General  of ISNA.  In it, Mr. Safi notes that individual apostates cannot be killed for a "quiet desertion of personal Islamic duties," but can be put to death as "just punishment" when the apostate deserts Islam publicly (p. 31).

4. This is a statement of facts regarding this matter:
There are requirements in Islamic Law regarding someone who deserts Islam. The Muslim Brotherhood's objective is the implementation of Islamic Law in the United States. Rifqa Bary has left Islam and become a Christian Rifqa Bary has made statements to FDLE officials and others that her parents have threatened to kill her because she has left Islam. The Bary's appear to be adherent to Islamic Law. The Bary's appear at an interview with two Muslim Brotherhood  representatives doing business as CAIR,  a group known to be hostile towards the United States which is also an unindicted co-conspirator in the largest terrorism financing trial in U.S. history. The Muslim Brotherhood supports the killing of Muslims who publicly leave Islam.

The logic is, how do they say, irrefutable.

5. It is my professional opinion that sufficient Probable Cause exists to believe that Ms Bary's concerns for her personal safety are based in a realistic and factual understanding of her  situation, and, therefore, a further criminal investigation is warranted.




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