DETROIT- As the U.S. Attorney for the Eastern District of Michigan, Barbara McQuade’s work often centers around issues that concern the region’s Arab and Muslim American communities. 

McQuade, who has maintained a close relationship with both communities over the years, sat down with The Arab American News recently at the U.S. Attorney’s Office to discuss a range of topics that are important to local Arab and Muslim Americans.  The topics varied, from mounting complaints, regarding profiling at the U.S.-Canada border, to the surveillance of Muslims by FBI informants at mosques.  McQuade says that her office has done a great deal to help build trust between law enforcement agencies and both communities. “We want to be accountable to the public. I am the U.S. Attorney for the entire Eastern District of Michigan, and that includes our Arab American community.  I want to serve that community by building transparency in government and accountability in government,” McQuade said. 

She also shared, in detail, the cases that her office is working on, which involve national security, violent crime, public corruption, civil rights and healthcare fraud.

McQuade says one of her office’s current top priorities is public corruption.  Despite the significant case accomplishments during McQuade’s tenure, such as the conviction of former Detroit Mayor Kwame Kilpatrick on public corruption charges, and the conviction and life sentence of an Al Qaeda operative for attempting to blow up an airliner over Detroit on Christmas Day in 2009, she seems to take the most pride in the work she has done to promote diversity in her office.  This includes her outreach efforts to various ethnic communities. McQuade is a firm believer that prosecutors are more effective when they are outside, listening to peoples’ concerns and explaining what they do. 

She also spoke about her relationship with the Arab American community and what she believes it can improve on. 

Born in Detroit, McQuade is a graduate of the University of Michigan Law School. She served as an assistant U.S. Attorney in the Eastern District, before becoming the U.S. Attorney, via appointment by U.S President Barack Obama. Her term as U.S. Attorney began in January 2010. She is also a former professor of law at the University of Detroit Mercy School of Law.  McQuade serves on the Attorney General’s Advising Committee and is the co-chair of the Terrorism and National Security Subcommittee.  She also serves on subcommittees that address civil rights and border security issues. The U.S. Attorney’s Office for the Eastern District of Michigan serves the 6.5 million people living in the eastern half of Michigan’s Lower Peninsula. As part of the U.S. Department of Justice, it prosecutes criminal cases, brings civil actions, and defends the government in federal court.  

The Arab American News: There’s a widespread theory that the FBI, and other federal agencies, are constantly spying on Muslims.  The truth is, obviously, that there are informants in mosques, but an informant can’t go into one unless there is sufficient evidence of suspicious activity taking place.  Is that correct? 

Barbara McQuade: That is correct, because religion is protected under our constitution, the FBI can’t just go in there and start fishing around for suspicious activity.  It has to be predicated as a real threat.  There is even a review board at the Detroit FBI to make sure that managers agree that there is sufficient basis, before they’ll send an informant in there. They want to know if there is evidence of a crime occurring in that mosque, and once they do agree that there is such activity going on, they have a responsibility to investigate it, because we can’t allow any place to be immune from investigation. There is an understanding that a mosque is a special place, and that informants shouldn’t be roaming around there, fishing for information.  They can only go in to collect evidence when they believe there is a basis that illegal communications are occurring. 

BM: It is a challenge, but I think it’s important that we do get out there and explain it. I think it would be a mistake not to explain it. We are not trying to oppress anybody, or violate anyone’s rights. We are trying to get that balance right of protecting people’s safety, while making sure that our American values are respected as well.  Sometimes it’s a difficult balance, but it is useful to listen to the concerns of the community, so that when we make decisions, we are doing it in as sensitive a way that we can.  

BM: One of my goals has actually been to improve the diversity of our office. We have hired people from different countries and different racial and ethnic backgrounds.  When we are sitting around the table and deciding to bring charges for certain types of crime, I think we make better decisions with a group of individuals from diverse backgrounds at the table making those decisions. 

We have recruited in the Arab American community, and hired some lawyers from it. We have recruited in the African American community, in the lesbian and gay community, Hispanic community, and it’s not just demographic differences. We have hired criminal defense attorneys, they bring a different perspective, and law professors bring a different perspective…I hired a lawyer from the Chaldean community. 

BM: Jury service is a great topic. We need people to serve on juries from all communities.  Sometimes we see communities that are underrepresented.  The Arab American community is one that is underrepresented on juries. However, it really matters, I think, because when you’re on trial, you want to feel like the jury is going to give you a fair shake. When you don’t see anyone who looks like you on a jury, people may perceive that as not getting fair treatment.

  I once had a case where an Arab American woman was the defendant, and she waived her right to a jury trial and instead wanted to take her chance on a judge, which typically is not in the best interest of the defendant.  She was so afraid that she could not get a fair trial by a jury that she decided to do that. I think the better result would be if we did have better representation of Arab Americans on juries.  Arab American defendants would feel more confident with the outcomes. 

BM: That’s what she said.  She was afraid that the people on the jury would not give her a fair trial, because she was Arab American, and they may have misperceptions that would make it difficult for them to be fair to her. 

BM: I don’t know if it’s best. I think that a judge can handle a case fairly. I think, strategically, most defense attorneys would agree that your odds of getting an acquittal are higher when the prosecution has to convince 12 people beyond a reasonable doubt, as opposed to just one judge beyond a reasonable doubt.  Just statistically and strategically, most defendants would agree that you’re better off with a jury, in terms of seeking an acquittal.  

McQuade being interviewed by Natasha Dado, reporter for The Arab American News.

TAAN: There are concerns about border patrol agents profiling minorities. You hear about ICE agents arresting immigrant parents while they’re picking up their children from school, or even Border Patrol agents shooting at and killing immigrants. What has your office done to address this? Have you worked a lot with other federal agencies on the issue?    

BM: Yes.  We have tried to, both, talk to the federal agencies and to the federal agents out in the community about what they are, and what they are not, permitted to do.  We want to know about it when somebody believes that profiling is occurring.  What the agents are required to do is investigate frequently. They are executing an order to arrest someone who has been ordered deported, but they are to do it in a way that is sensitive to a community.  

We want community members to trust law enforcement, and to work with law enforcement. We realize it is not going to happen if we are out there profiling people, or if we are out there arresting people in churches or schools.  There is a concerted effort in policies to try and prevent those things from occurring. Now, we do hear complaints that it occurs from time to time, and so we try and make sure that we are in the community, talking to people to address those complaints and to also explain what the policies are. It really is not in anyone’s best interest to do those kinds of things, because we need the public to trust us and work with us, and that is not going to happen if we’re violating those policies. 

BM: That case is in litigation and the Department of Justice is representing the governement in that case so I can’t give you an answer to that. I’m glad we live in a country where people can raise their voice on that issue, where it will be decided in court, and we can have an open discussion about what is appropriate and what is not. 

TAAN: Can you describe your relationship with the Arab community over the years? 

BM: I think that my relationship with the Arab American community is very positive; at least I’ve worked really hard to try and develop a positive relationship. After the attacks on September 11, many people in our Arab American community suffered backlash from those who ignorantly paint, with a broad brush, and blame the acts of a few on many.  I think that we’ve worked very hard to make sure that the rights of all of our community members are protected.

BM: From a law enforcement perspective, I can tell you that I have learned many things about the community that have been very helpful to us in making decisions, understanding cultural sensitivities, and understanding the background and history of people.  I think this makes us better decision makers in government.  One of the things that we’ve helped the community to better understand is who does what in government. Sometimes we think of government as one big entity.  However, different agencies have different responsibilities and duties.  We have been able to educate the community about who handles border security at our land crossing and the bridges, who handles security at the airports, which is TSA, and who handles citizenship issues, which is Citizenship and Immigration Services.  Getting the community to understand who does what in government helps them to know, if they have a particular complaint or issue, who to go to, in order to discuss their concerns. 

BM: We have tried to get out into the community and have conversations about this; just so that we can share information. People have a First Amendment right to verbally and vocally support any group that they want.  There are people that I have spoken with who verbally support Hizbullah, or Hamas.  However, the law makes a distinction and says that it is illegal to provide them with material support.  The law is clear.  It is illegal to provide money, services, or goods to anyone, or any group that has been designated a terrorist organization, and it’s a lengthy list. It has been developed by the Secretary of State of the United States and includes Hizbullah and Hamas.  We make it very clear that if you do support, or make a donation, it is a crime that we take very seriously, and we prosecute it.  We try to make a distinction between first amendment rights and the material support that constitutes a crime. 

BM: Yes.  We try to be among all components of the Eastern District of Michigan.  Certainly, our African American community is one that is impacted by our work. Our Hispanic community in Southwest Detroit is also impacted by our work.  We try to get with veterans, seniors and young people.  We work really hard with outreach and prevention. I think that all aspects of our government, particularly a prosecutor’s office, is more effective when we are out in the community, and we are listening to peoples’ concerns and explaining what we’re trying to do.  

BM: Probably one of the most significant areas that we’re working on is public corruption. The most notable case that we handled was that of Kwame Kilpatrick…We have other public corruption cases going on in other communities. Having honest government is so important to improving the quality of life, and we’re doing quite a bit of work in that area. 

Secondly, violent crime is so important to improving our quality of life. We are trying to go after very serious offenders, who are using guns to commit crimes, such as car jackings, armed robberies and even homicides. We’re working together with the Wayne County Prosecutor’s office to try and really reduce those numbers. 

Healthcare fraud is another area.  As our nation struggles to address healthcare fraud and fund healthcare for our citizens, it seems that the least we can do is prevent people from taking the dollars away from the people who need them. It is amazing to me how prevalent this problem is, especially here in Michigan. We have a lot of cases, and we continue to have them. We are doing all that we can to prosecute those cases.  In an era of budget shortfalls, the least that we can do is make sure healthcare dollars go to people who need them and not to fraudulent billings by doctors.

  

BM: There’s a paper trail that just always leads right back to their door… Those billing records don’t lie, and so we have these databases and Medicare billing records that show which doctors are billing at 100 times the national average for these very expensive tests. That gives us the lead to then go talk to these patients and others who have been there and ask them whether they have had the services.  Those who would think about committing these kinds of schemes should know that we catch all of them eventually. 

BM: We’ve charged owners and operators of clinics.  We’ve charged patient recruiters, doctors and pharmacists.  Often what happens is that recruiters will go out into the streets, to maybe homeless shelters, and find vulnerable people who have access to a Medicare number, bring them in and have them sign documentation when they didn’t get any medical services rendered to them.  However, now they can submit a fraudulent billing to say that they received an expensive test. 

BM: It is.  It is in all communities. We worry about homegrown terrorism for the white supremacist and the tax protestor; the militia groups and foreign terrorist organizations, because it’s a way for people to reach across international, or state boundaries and incite them to violence. 

BM: One of the things through all of our community outreach we want to do is build trust, because law enforcement works best when the community trusts us and shares information.  We need community members to let us know when they have been witness to a crime, or when they have been a victim of a crime.  They need to trust us to do that. We ask that they continue to be our partners and share information with us, so that we can all work together and enhance public safety. 

To report a crime to the U.S. Attorney’s Office for the Eastern District of Michigan, call 313.226.9151. All tips will remain anonymous.  Language translation is available upon request.