Abdel-Moniem El-Ganayni
Encyclopedia
Dr. Abdel-Moniem ibn Ali El-Ganayni (عبد المنعم بن علي الجنايني) is an Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

ian-born American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 nuclear physicist, former prison Imam
Imam
An imam is an Islamic leadership position, often the worship leader of a mosque and the Muslim community. Similar to spiritual leaders, the imam is the one who leads Islamic worship services. More often, the community turns to the mosque imam if they have a religious question...

, and an active member of the Pittsburgh Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

 community. In 2007 El-Ganayni's U.S. security clearance
Security clearance
A security clearance is a status granted to individuals allowing them access to classified information, i.e., state secrets, or to restricted areas after completion of a thorough background check. The term "security clearance" is also sometimes used in private organizations that have a formal...

 was revoked, and he subsequently lost his job as a senior scientist at Bettis Atomic Power Laboratory
Bettis Atomic Power Laboratory
Bettis Atomic Power Laboratory is a U.S. Government-owned, contractor-operated research and development facility located in the Pittsburgh suburb of West Mifflin, Pennsylvania. It solely focuses on the design and development of nuclear power for the U.S. Navy....

.

Biography

El-Ganayni was born in Minyat Samannoud, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

 in 1950. His father, Sheikh Ali ibn Abdel-Moniem El-Ganayni (الشيخ علي بن عبدالمنعم الجنايني) was educated at the prestigious Al-Azhar University
Al-Azhar University
Al-Azhar University is an educational institute in Cairo, Egypt. Founded in 970~972 as a madrasa, it is the chief centre of Arabic literature and Islamic learning in the world. It is the oldest degree-granting university in Egypt. In 1961 non-religious subjects were added to its curriculum.It is...

, where he completed his elementary, secondary, and high school studies. Sheikh Ali proceeded to the Al-Azhar Faculty of Islamic Law
Islamic law
Islamic law can refer to:*Sharia: The code of conduct enjoined upon Muslims in the Quran*Fiqh: Muslim jurisprudence...

, where he completed the equivalent of a bachelor’s degree. He continued his studies to the graduate level, obtaining the equivalent of a Ph.D.
Ph.D.
A Ph.D. is a Doctor of Philosophy, an academic degree.Ph.D. may also refer to:* Ph.D. , a 1980s British group*Piled Higher and Deeper, a web comic strip*PhD: Phantasy Degree, a Korean comic series* PhD Docbook renderer, an XML renderer...

 in Islamic law (العالمية), and later a certification to practice law (إجازة القضاء الشرعي).

In 1973, Dr. Abdel-Moniem El-Ganayni obtained his Bachelors of Science in Physics
Physics
Physics is a natural science that involves the study of matter and its motion through spacetime, along with related concepts such as energy and force. More broadly, it is the general analysis of nature, conducted in order to understand how the universe behaves.Physics is one of the oldest academic...

 from Ain Shams University
Ain Shams University
Ain Shams University is an institute of higher education located in Cairo, Egypt. Founded in 1950, the university provides education at the undergraduate, graduate and post-graduate levels.-History:...

 in Cairo
Cairo
Cairo , is the capital of Egypt and the largest city in the Arab world and Africa, and the 16th largest metropolitan area in the world. Nicknamed "The City of a Thousand Minarets" for its preponderance of Islamic architecture, Cairo has long been a centre of the region's political and cultural life...

, Egypt. He went on to pursue a Masters
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...

 of Science in Nuclear Physics and completed his degree in 1978.

In 1980 El-Ganayni moved to the United States to complete his Ph.D., obtaining a second Masters Degree in Nuclear Physics from the University of Pittsburgh
University of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...

 in 1983. Between 1984 and 1989 El-Ganayni worked as a teaching assistant in the Department of Physics, and completed his Ph.D. in Atomic Physics in 1990. He became an American citizen in 1988.

Shortly after completing his graduate studies, El-Ganayni was hired by Westinghouse Electric Company
Westinghouse Electric Company
Westinghouse Electric Company LLC is a nuclear power company, offering a wide range of nuclear products and services to utilities throughout the world, including nuclear fuel, service and maintenance, instrumentation and control and advanced nuclear plant designs...

, working in the Bettis Atomic Power Laboratory as a Senior Scientific Programmer, and later as a Senior Scientist. Throughout his employment at Bettis he received positive reviews, authored and coauthored a number of academic papers, and contributed to numerous projects.

El-Ganayni’s contributions were not limited to scientific endeavors; he is a founding member of the Islamic Center of Pittsburgh, served two terms as the center’s president, and helped to establish the mosque’s current location in Schenley Heights. For close to a decade El-Ganayni worked and volunteered as an Imam at correctional facilities in both Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 and Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

. Part of El-Ganayni’s prison outreach included the creation of the PA DOC Monitor, a website examining the condition, and necessary reform of the Department of Corrections.

Loss of Security Clearance, Employment, and Anti-Muslim Discrimination

Dr. El-Ganayni’s work at Bettis Atomic Power Laboratory required the possession of a Department of Energy
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...

 (DOE) issued security clearance, enabling him to work with classified information
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...

. In October 2007 El-Ganayni’s security clearance was suspended, effectively barring him from any work at Bettis. DOE regulations stipulate that an individual may appeal a suspension, however El-Ganayni’s right to appeal was denied in May 2008 when Jeffery F. Kupfer, deputy secretary of the DOE, invoked national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...

, refusing to reveal the government’s allegations against Dr. El-Ganayni.

The suspension of El-Ganayni’s security clearance was prefaced by an interview with DOE security officials, and later the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 (FBI). In these interviews, questions were asked regarding El-Ganayni’s political beliefs, religious views, and his work as an Imam in the prison system. No questions related to his work or any potential breaches of security were asked in either interview.

The DOE officials instead focused on a seemingly innocent Islamic book entitled, “The Miracle of the Ant,” authored by Turkish
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

 Islamic publisher and author Harun Yahya; unbeknownst to El-Ganayni, the content of Yahya’s book was largely, if not completely duplicated from a Pulitzer Prize
Pulitzer Prize
The Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...

 winning work entitled, “Journey to the Ants
Journey to the Ants
Journey to the Ants: a Story of Scientific Exploration is a book first published in 1994, written by Edward O. Wilson and Bert Hölldobler. The book was written as a popularized account for the layman of the science earlier presented in their winner of the Pulitzer Prize for General Non-Fiction in...

” published by Harvard University Press
Harvard University Press
Harvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...

.

Dr. El-Ganayni distributed excerpts from book to prisoners (both Muslim and non-Muslim) while serving as an Imam at Forest State Correctional Institution. DOE officials expressed concern over a purely scientific description of ants’ biological defense mechanisms in a chapter entitled, “Defense and War Tactics” insinuating that El-Ganayni distributed this material with sinister intent, and subsequently questioned his allegiance to the United States of America. His supervisor at Forest, chaplaincy director Glenn McQuown reviewed the book and described it as “completely benign.”

The interviews also focused on El-Ganayni’s criticism of American foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...

 and the FBI’s mistreatment of Muslims after September 11, 2001. Specifically, El-Ganayni raised concern over an FBI raid of a Pittsburgh mosque during Friday prayers, where attendees were searched and forced to stand outside while being questioned. Revocation of El-Ganayni’s security clearance also may be related to his establishment of the PA DOC Monitor, a website and prison outreach program which critically examines the Pennsylvania Department of Corrections and its policies, insisting that drastic reform of the system is required for it to truly benefit prisoners and society at large.

El-Ganayni vs. the United States Department of Energy et al..

On June 26, 2008 the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

(ACLU) with Schnader, Harrison, Segal, and Lewis as co-counsels filed a lawsuit on behalf of Dr. El-Ganayni alleging that the DOE revoked his clearance due to criticism of the FBI and U.S. foreign policy. The suit demands that the DOE reveal their allegations against El-Ganayni and restore due process, allowing him to contest any allegations made against him. A hearing date has not been set as of July 28, 2008.

A motion for preliminary and permanent injunction against the U.S. Department of Energy and its acting director, Jeffrey Kupfer was filed on September 3, 2008 requesting the following:
  • Assert that the court has jurisdiction over the case.
  • Order the Energy Department to show Dr. El-Ganayni the evidence it claims to have against him.
  • Order the Energy Department to hold a hearing where he can tell his side of the story, as provided in the agency's own rules for inquiries on sensitive security matters.


On September 25, 2008 the DOE filed a motion to dismiss El-Ganayni's preliminary and permanent injunction. On October 14, 2008 Dr. El-Ganayni's attorneys filed a brief in opposition of the DOE's motion to dismiss.

On October 31, 2008 Judge Terrence F. McVerry stated that the court "reluctantly concludes that it lacks subject-matter jurisdiction to adjudicate the claims made in Counts I and II of the Complaint" effectively granting the DOE's Motion to Dismiss in relation to Counts I and II. However, the court requested supplemental briefing regarding Count III, specifically concerning the DOE's interpretation, application, and adherence to executive procedure. Briefs from both the DOE and El-Ganayni's defense regarding Count III were submitted on November 14, 2008.

Judge McVerry ruled in favor of Dr. El-Ganayni and refused to dismiss Count III on November 20, 2008. In his court order McVerry stated that, "[the] Defendants’ interpretation [of their own regulations] is not consistent with the actual text of the Executive Orders." This ruling was based on a DOE regulation stating that a clearance can only be revoked by a DOE agency head, not simply a Deputy Secretary. Subsequently, November 24, 2008, a day before a scheduled hearing to discuss pending motions, future direction of the litigation, and the possible scheduling of a preliminary injunction hearing, DOE secretary Samuel Bodman signed a revocation of El-Ganayni's clearance citing national security and the government requested a dismissal of the case. This dismissal was granted , however Dr. El-Ganayni appealed his case to the 3rd U.S. Circuit Court. Dr. El-Ganayni's brief for appeal of the dismissal was filed March 19, 2009 and a decision was made in the DOE's favor on January 11, 2010. In summation, the judges stated that the DOE is by extension part of the government's Executive Branch, and therefore the 3rd Circuit has no jurisdiction over the matter.

Leaving the United States

On November 26, 2008 El-Ganayni and his wife left to Egypt after residing in the United States for 28 years. El-Ganayni stated that he would rather return to his birthplace than live in America as a second-class citizen and that he "feel[s] very sad that the American people have lost a good bit of their Constitution," quoting John Adams who said, "once you lose your rights and liberties, it's very hard to get them back."

External links

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