Skip to comments.No-fly list appeals process unconstitutional, federal judge in Portland rules
Posted on 06/24/2014 11:41:51 AM PDT by GIdget2004
People who are placed on the government's no-fly list are denied their constitutional right to due process, because the government's procedures to challenge inclusion on the secretive roster are "wholly ineffective," a federal judge ruled.
In a 65-page opinion issued Tuesday, U.S. District Judge Anna Brown ordered the government to come up with a new way for the 13 plaintiffs to contest their inclusion on the list that prohibits them from flying in or through U.S. airspace. The government must provide notice to the plaintiffs that they are on the roster and give the reasons for their inclusion, Brown wrote. She also ordered that the government allow the plaintiffs to submit evidence to refute the government's suspicions.
The decision marks a big win for the plaintiffs, all U.S. citizens or permanent residents, and the American Civil Liberties Union, which argued the case on their behalf. The plaintiffs have all been denied boarding due to their placement on the list, they argue, despite never having been charged with a terrorism-related offense.
The plaintiffs include Sheikh Mohamed Kariye, the religious leader of Portland's largest mosque, Masjed As-Saber. Kariye was refused boarding in 2010 and has been unable to travel overseas to visit his daughter or accompany his mother on a religious pilgrimage since.
(Excerpt) Read more at oregonlive.com ...
Another ****ed up federal “judge” trying to get more Americans killed. What a ****bag.
I disagree, if they are U.S. citizens, as apparently most are, they are entitled to due process and it appears they have not been. On its face, I see nothing wrong with this ruling and everything right.
Please correct me if I am wrong.
“I disagree, if they are U.S. citizens, as apparently most are, they are entitled to due process and it appears they have not been. On its face, I see nothing wrong with this ruling and everything right.
Please correct me if I am wrong.”
You are not wrong! I don’t want to fly with Muzzies either, but if they are citizens (Heaven Help Us for granting it), they should be afforded due process. It’s this “ if we told you we’d blow our cover, so we won’t” business that’s wrong.
Saudi Airlines has direct flights to and from New York, Houston and Los Angeles. Let them fly from one of those cities and only on that airline.
AYMAN LATIF, MOHAMED SHEIKH ABDIRAHM
KARIYE, RAYMOND EARL KNAEBLE IV,
STEVEN WILLIAM WASHBURN, NAGIB ALI
GHALEB, ABDULLATIF MUTHANNA, FAISAL
NABIN KASHEM, ELIAS MUSTAFA MOHAMED,
IBRAHEIM Y. MASHAL, SALAH ALI AHMED,
AMIR MESHAL, STEPHEN DURGA PERSAUD,
and MASHAAL RANA,
As a general rule, I’m always going to side AGAINST muzzies, the ACLU and liberal judges.
My guess is this article slanted the POV in favor of the poor muzzies.
Is U.S. District Judge Anna Brown on the No-fly list ?
sometimes I wish I could be on the no fly list. Then my wife would stop bugging me to go on vacation overseas with her. I’m one of those people who believes if man were to fly they would have feathers on their arms.
The no fly list has no proven effectiveness in stopping bad guys. The primary way you wind up on the list is to buy your tickets not much in advance of the flight. I’ve got a friend who does a lot of short notice flights because of his job, he’s constantly arguing with TSA trying to keep off the list.
Sen. Ted Kennedy was on the no-fly list and could not get off it. If a US Senator can’t get off the list when obviously wrong, who can. And yes there are a LOT of jokes that can be applied here about said Sen.
“I disagree, if they are U.S. citizens, as apparently most are, they are entitled to due process...”
The no fly list does not impose any fines on anyone, nor does it put anyone in prison.
A law must be clear, fair, and have a presumption of innocence to comply with procedural due process. However, if people engaged in certain activities are deemed too dangerous to allow on planes, and that rule is applied evenly, then it meets due process. It should not require a court order to prevent someone from getting on a plane.
Lots of places supposed have terrorist cells, which doesn’t mean the no fly list works or is just.
Well...Ted Kennedy was credited with the first “clean kill” in the Democrat War on Women.
Actually, this is great news. Imagine one day you receive a letter informing you your drivers license has been revoked because of, well, you’re on their list.
This is how I look at the no-fly list.
On the surface, I see the biggest issue being the stupid 'no fly list' in the first place. A list of names that may match anyone, and not unsurprisingly, has a number of aliases, and gosh, doesn't do a dang thing if someone provides fake documentation and flies under another name.
The entire concept is kabuki theater.
The opinion is correct, there should be a reasonable process to appeal, but the base concept, that the federal government should maintain or even be able to give permission for citizens to fly is in error.
Actually, the no-fly list is riddled with errors, includes people by accident due to coincidences in names, is useless, and is an easy way for the fedgov to screw with someone on a whim. In short, it sucks. And God help you if you are even accidentally put on it and have to travel.
Guess this judge doesn’t fly.