Rebellious Lawyering in the Security State (original) (raw)

Authors: Ramzi Kassem & Diala Shamas What do forms of lawyering in opposition to state power that is deployed in the name of national security teach us about the possibilities of rebellious lawyering? This article takes as its main focus a single aspect of the authors' clinical practice: supporting individuals and their mostly-Muslim communities in New York City during FBI attempts to question them under the guise of counterterrorism, and for purposes of intelligence gathering. While there is an emerging critical literature around the jurisprudence of security, counterterror-ism policies, and related legal issues, there have not been many attempts to subject lawyering in this area to closer scrutiny. This article begins to fill that gap and, in the tradition of rebellious lawyering literature, we root our reflection in our clients' and their communities' experiences, offering where we can concrete illustrations and client-based discussion to inform our analysis. Our intended audience goes beyond our students and other clinicians. We also hope to engage with practitioners, advocates, and community leaders alike in considering some of the obstacles to the legal and organizing responses to aggressive law enforcement policies and practices at a time when they are only expanding. Indeed, as public rhetoric and government policies targeting Muslim and other demonized communities reach a new fever pitch, and as many of the practices unleashed on these communities seep into other areas of law enforcement and official activity, such an undertaking might be especially timely.