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Protesters Detained in Milwaukee: Are You on the No Fly List?
The Progressive (snicker) ^ | April 27, 2002 | Matthew Rothschild

Posted on 06/15/2002 2:57:30 PM PDT by mindprism.com

Protesters Detained in Milwaukee:
Are You on the No Fly List?

Alia Kate, 16, a high school student in Milwaukee, wanted to go to Washington, D.C., for the protests Saturday, April 20. She was looking forward to demonstrating against the School of the Americas and learning how to lobby against U.S. aid for Colombia.

She had an airplane ticket for a 6:55 p.m. flight out of Milwaukee on Friday the 19th, and she got to the airport two hours ahead of time.

But she didn't make it onto the Midwest Express flight.

Neither did many other Wisconsin activists who were supposed to be on board. Twenty of the 37 members of the Peace Action Milwaukee group--including a priest and a nun--were pulled aside and questioned by Milwaukee County sheriff's deputies. They were not cleared in time for takeoff and had to leave the next morning, missing many of the events.

What tripped them up was a computerized "No Fly Watch List" that the federal government now supplies to all the airlines. The airlines are required to check their passenger lists against that computerized "No Fly" list.

"The name or names of people in that group came up in a watch list that is provided through the federal government and is provided for everyone who flies," says Sergeant Chuck Coughlin of the Milwaukee sheriff's department. "The computer checks for exact matches, similar spellings, and aliases. In this particular case, there were similar spellings. About five or six individuals came up on the watch list. Although it was time-consuming, and although they were flight-delayed, the system actually worked."

Don't tell Dianne Henke that.

A volunteer with Peace Action, Henke is the person who organized the whole trip. "We were very upset," she says. "Here we were, going out to lobby, to use our democratic rights, to talk to our legislators, to use our freedom of speech and dissent, and then we're being detained and not told why. We were taking young people and telling them if you use means that are nonviolent and peaceful, your message will be heard. But the fact that we were hampered, that we were detained, was just a totally different message."

Henke doesn't blame the sheriff's deputies. "They were very sympathetic to us, but they just weren't getting the answers they wanted from the other end of the telephone," she says.

It was never made clear to her exactly why they were being detained.

"We were getting all these different stories from the deputies. One possibility was that a UWM [University of Wisconsin-Milwaukee] student had a name, Jacob Laden, that was similar to a terrorist's name [Osama bin Laden]. Then another story was that someone had a foreign name that was changed to make it sound more American, Alia Kate, who used to be Alia Torabian. Her father was Persian or Iranian. I've known her all my life," says Henke, who looks up Kate's number in an old Montessori phone book.

"I was one of the first people in our group to try to check in," says Kate. "When I went up to get my boarding pass, the lady said there were some problems. She said her computer locked up and she had to wait for someone else. And I found out that the someone else was one of the sheriff's deputies on duty. And the sheriff's deputy came and told me I had to grab my bags and follow her for further questioning.

"I was a little scared. I was a little confused. I didn't know what it was about. I was alone and was taken to a building nearby. They sat me down in a chair, and I just waited for 15 or 20 minutes. They had my driver's license. They asked me what my phone number was and address was. I heard them making phone calls, reading off some stuff on my license. Then they asked me what my nationality was.

"I said I'm half Persian and Italian and German.

"They asked who was Persian, my mother or my father.

"I said, my father, my biological father. I don't even know him.

"They also asked me if I was a U.S. citizen.

"I told them I was.

"They asked me if I was from around here.

"I said yes."

Though one of the sheriff's deputies said "it was just a routine procedure," they gave Alia several different explanations for what was happening, she says. "They said it might have to do with increased security in the Washington, D.C., area, or it might have to do with Indonesian terrorists."

She says there may have been an element of racial profiling involved, too. "I guess we're looking for Hispanic names," one of the deputies said, according to Kate. She suspects they thought her first name was Hispanic, and she says that two others detained early on, Manuel Sanchez and Isabella Horning, may have been selected for their names.

Finally, they walked Kate back to the ticket counter, but the computer froze up again, so Kate and Sanchez and Horning were told to go sit down and wait for the deputies to deliver their boarding passes.

"They gave us our boarding passes, which had a bold-faced S with little asterisks on both sides, circled with an ink marker," Kate says. "This meant that when we went to the gate our carry-on bags would have to be hand-searched and they'd have to wand us."

But the deputies took so much time going through the whole group that not everyone was ready to go by 6:55.

Midwest Express held the flight for as long as it could but then left, almost empty, without most of the activists.

"I was shocked," Kate says. "I couldn't believe what was happening, that they could detain us long enough for us to miss our flight in an apparent attempt to keep us in Milwaukee. It was sort of McCarthy-style the way they have the names appearing on a list and targeting certain people, dissenters especially. I felt my rights had been violated."

Sister Virgine Lawinger also was detained. "When I went through the line, the lady at the ticket counter said, 'I'm sorry, you have to wait a minute,' and then the sheriff's deputy came and took me and some others to an office," she says. "All they asked us at that point was our birthplace and said these were just routine checks. They said our names were flagged. That's the real strange thing: What caused the computer to flag those names? I did feel it was profiling a particular group without a basis--a peace group. The abuse of power was so obvious."

Sister Virgine says she's upset about "losing an entire day of intense education on the issue of Colombia." And she says her "right to dissent" was infringed upon.

Father Bill Brennan of St. Patrick's Church in Milwaukee also missed his flight because of the questioning. "No one was charged with a crime or threat of a crime," he says. "No one was advised of his or her civil rights. My personal reaction is fear of the arbitrary use of power this incident reveals. Someone in Washington has the power to inspect a passenger list drawn up in Wisconsin, discover the motive of our flight (namely, a peace protest against what goes on at Fort Benning, Georgia, particularly as it affects Colombia), decide who might possibly be subversives, and stop our takeoff."

Sarah Backus, a coordinator for SOA [School of the Americas] Watch Wisconsin, says she was told by one of the sheriff's deputies: "You're probably being stopped because you are a peace group and you're protesting against your country."

Backus later asked the sheriff, David Clarke, about this, and he denied this was the reason for the detentions, she says.

Backus also went to the Midwest Express ticket desk to find out what was going on. "The names are in the computer, and the names came up," she says she was told.

Lisa Bailey, a spokesperson for Midwest Express, says, "As the group checked in, one of the passengers showed up on this list. At that point, the airline got the TSA [Transportation Security Administration] rep and Milwaukee County sheriffs. The TSA made the decision that since this was a group, we should rescreen all of them." Midwest Express either found hotels for those who missed their flights or provided transportation home.

Bailey says that screening the names against the list is standard operating procedure. "Everyone who travels is now cleared through this list."

Where did this list come from?

One U.S. Marshal said the FBI compiles the list, and an FBI agent said it "comes out of headquarters." But a spokesperson for the FBI in Washington, Steve Berry, would not comment at all on the issue of the "No Fly" list, and referred all questions to the TSA, a new wing of the Department of Transportation.

The TSA was established by the Aviation and Transportation Security Act, which President Bush signed into law on November 19. This law puts the Under Secretary of Transportation for Security in charge of airline security. Today, the Under Secretary of Transportation for Security is John W. Magaw, a former Secret Service agent.

The law empowers Magaw to "establish policies and procedures requiring air carriers to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation and, if such an individual is identified, to notify appropriate law enforcement agencies and prohibit the individual from boarding an aircraft."

The TSA has taken that power and run with it.

"The list is a compilation from intelligence agencies and is shared with the airlines," says Paul Turk, a spokesperson for the TSA. "But as to how you get on it, or how it's maintained, or who maintains it, I can't help you with that."

Turk adds that he doesn't know how large the list is, "and if I did, I couldn't tell you."

-- Matthew Rothschild


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: airlines; fbi; police; privacy; terror
Thank God everything the left says is malicious hype designed to undermine the President - WHEW! - sure helps knowing what you can safely ignore. Wake me up when there is a Dem in the whitehouse and it is fashionable again to worry about government power and freedom.
1 posted on 06/15/2002 2:57:30 PM PDT by mindprism.com
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To: mindprism.com
I agree with you. No intelligent person could take this leftist propoganda seriously. Then again I am sure that every Democrat agrees with this.
2 posted on 06/15/2002 3:01:26 PM PDT by Conservative Chicagoan
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To: Conservative Chicagoan
We will find out how bad this no-fly list is in two weeks. July 3rd is the start of the Libertarian National Convention. If we start hearing of delegates to the convention that cannot get to Indianapolis for this, we will know that the Nazis are in control.
3 posted on 06/15/2002 3:16:16 PM PDT by Mike4Freedom
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To: Mike4Freedom
Well, shoot! Wisconsin Peace Action missed their dadgum flight!

Sell your shares in Birkenstock, folks!

Be Seeing You,

Chris

4 posted on 06/15/2002 3:23:48 PM PDT by section9
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To: mindprism.com
I did feel it was profiling a particular group without a basis--a peace group. The abuse of power was so obvious.

Then sue.
If the abuse of power was so obvious, there won't be a problem getting a
jury to agree in Wisconsin!

I am bothered that I don't see anything about anyone being arrested or taken into
custody.

But...until I read/hear of a lawsuit, I'll just guess it was a bunch of granola-munching
hemp-vest peace activists who set off some alarm and prompted the detainment.

Since the article noted that the plane took off almost empty without this group...
maybe the authorities were spooked at the thought of letting a bunch of these folks
onto one plane...when there's no access to a hand-gun for the pilot/co-pilot or
any crew member!!!
5 posted on 06/15/2002 3:34:55 PM PDT by VOA
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To: Mike4Freedom
Who gives a rip about the Libertarians or their convention? (Talk about politically ineffective!) I guess we'll find out. Br sure and post how attendance turns out, OK?
6 posted on 06/15/2002 3:40:22 PM PDT by Clara Lou
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To: mindprism.com
Indonesian terrorists."

Excuse me, but what is she talking about? (I realize this is off the subject so discuss it with me via freepmail) To my knowledge, there have been no terrorists from Indonesia. Freepmail me if I'm wrong about this, but apart from the rogue five which stand to lose their Indonesian citizenship, there have been no Indonesian operatives outside of their country.

Indonesia has enough challenges as it is and don't need more heeped upon them.

7 posted on 06/15/2002 3:40:25 PM PDT by Jemian
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To: VOA
Then sue. If the abuse of power was so obvious, there won't be a problem getting a jury to agree in Wisconsin!

Oh, I agree, but with a couple snags- 1) We all know how the courts are going to manage a civil suit against the government - or how they are going to view a suit against an airline who is 'following regulations'. 2) Do you think a civil suit with monetary damages is going to influence government policy? What is the probability of success of a case asking for court-ordered policy changes?

The essential problem I see is that government will be given grace in whatever misapplications due to the impetus of the war and by the time such grace period is ended the situation will be viewed as 'normal', something you just have to tolerate.

Does the government make any effort to protect my privacy when they wish to insure I am a capable driver? Surely there are ways to maintain my anonymity and accomplish this - I think I'll sue < smirk >

8 posted on 06/15/2002 3:54:17 PM PDT by mindprism.com
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To: Clara Lou
L.A. Efficiency Chosen As Site Of 2000 Libertarian Convention
9 posted on 06/15/2002 4:09:06 PM PDT by dighton
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To: Clara Lou
Attending a convention of librarians would certainly more fun, and certainly more intellectually challenging, than drinking light beer and breaking bread with a passel of Libertarian scolds.
10 posted on 06/15/2002 4:11:15 PM PDT by gaspar
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To: mindprism.com
Okay, so these people want to continue to march around, in time of war, claiming the U.S. is the focus of all evil in the world, and then they are surprised when they are scrutinized?

You're kidding, right? I'll be the turnip truck off which they all fell hasn't even gone out of sight yet.

11 posted on 06/15/2002 4:40:51 PM PDT by Illbay
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To: Clara Lou
Yeah, the Libertines are REALLY gonna be screamin' and turnin' blue when they're completely IGNORED by the authorities.

"Whaddya gotta do to get arrested in this town?" they'll all whine.

ANSWER: Stop garnering fewer and fewer votes every Presidential election. Stop being irrelevant.

12 posted on 06/15/2002 4:44:02 PM PDT by Illbay
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To: mindprism.com
Something you and your ilk need to get through your mush-heads: We're at war.

The President has BROAD discretionary powers, both ennumerated in the Constitution and by tradition, that he can use during war. You're whiney-*ss garbage don't mean sh*t.

Don't screw around with us during war-time, and maybe we'll keep you out of the brig, okay?

13 posted on 06/15/2002 4:46:13 PM PDT by Illbay
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To: mindprism.com
I said I'm half Persian and Italian and German.

LOL! And good at math too!

14 posted on 06/15/2002 5:36:34 PM PDT by Ms. AntiFeminazi
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To: Ms. AntiFeminazi
Yawn...... I'm sorry did something happen to a peace protester....wake me later..
15 posted on 06/15/2002 6:55:18 PM PDT by Dick Vomer
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To: mindprism.com
The essential problem I see is that government will be given grace in whatever misapplications
due to the impetus of the war and by the time such grace period is ended the
situation will be viewed as 'normal', something you just have to tolerate.


Agreed. Even yesterday I saw the Chief Justice Rehnquist (sp?) was saying as much;
even quoting some old Latin phrase translated as "in time of war, the law is silent".

I know it's wishful thinking, but if any citizen is truly morally convinced their
constitutional rights have been substantively violated, I'd hope they'd have the faith of their
convictions to at least file a suit or make sure there is a hearing in "the court of public opinion".

It may not fix their problems...but maybe it will assist people when the same situation
arises years later.
16 posted on 06/16/2002 8:33:52 AM PDT by VOA
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To: VOA
The article states:

"Midwest Express either found hotels for those who missed their flights or provided transportation home.

Bailey says that screening the names against the list is standard operating procedure. "Everyone who travels is now cleared through this list."

Where did this list come from?

One U.S. Marshal said the FBI compiles the list, and an FBI agent said it "comes out of headquarters."

The law empowers Magaw to "establish policies and procedures requiring air carriers to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation and, if such an individual is identified, to notify appropriate law enforcement agencies and prohibit the individual from boarding an aircraft."

The TSA has taken that power and run with it.

Turk adds that he doesn't know how large the list is, "and if I did, I couldn't tell you."

VOA, you then go on and state in your reply:

But...until I read/hear of a lawsuit, I'll just guess it was a bunch of granola-munching hemp-vest peace activists who set off some alarm and prompted the detainment."

You have to wait until you "read/hear of a lawsuit" to know if their constitutional guaranteed rights were not violated?

First the stockholder's of the airlines 5th amendment rights were violated because the airline was required to pay the expense of motel and travel expenses because of the hardshipped caused by their government to their customers.

Second, the "list" and all government actions using the "list" violates the 4th amendment.

It is your lack of knowledge of the Bill of Rights and as well as way too many other citizens, that our government can blantantly violate our rights and it is so nonchalantly dismissed by a statement, "until I read/hear of a lawsuit."

One day you will wake up to a violation of a right that is important to you and you will wonder how it happened.

At the risk of hyperbole, that is what happened to the Jews in Germany.

17 posted on 06/16/2002 9:32:02 AM PDT by tahiti
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To: Clara Lou

Ka-Boom!
"But, but, we are dangerous subversives, too, darn it! I will be like so insulted if the nazi Blue Meanies don't harass our Libertarian Science Fiction and Political Party convention!"

18 posted on 06/16/2002 9:43:42 AM PDT by Cultural Jihad
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To: tahiti
You have to wait until you "read/hear of a lawsuit" to know if their constitutional
guaranteed rights were not violated?


No.
But I also have been around long enough to not take what is printed by "The Progessive"
as the end-all and sum of all truth. What was printed my be the truth, part-truth, or total distortion.

That's why I suggest (not flippantly) that a lawsuit is in order...even though I generally
am reticent about the pursuit of legal remedies.

As I said in post #16, this group may not help themselves (quickly) with a lawsuit,
but they may clear the path for those who come after them.

It may not reflect a perfect world, but this group needs to take to heart a maxim:
"If you don't defend your honor, it will be presumed that you have none."

Oh, and if this airline is a publically-traded company, they can buy some shares,
and make their displeasure known at the annual stockholder meetings.
19 posted on 06/16/2002 9:52:18 AM PDT by VOA
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To: tahiti
The point of the matter is that anyone can print any rumor, innuendo, and lie they want to. If something is unconstitutional then a court of law should be convened to hear the case, not the rule of the mobocracy. Allowing one's blood pressure to rise based on an article in the disreputable and subversive "Progressive" is hardly a responsible response.
20 posted on 06/16/2002 9:59:58 AM PDT by Cultural Jihad
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