FBI’s Terror Watch List Ruled Unconstitutional

Swell eh? This case was brought into Federal court by the Muslim ‘civil rights’ group CAIR, Council for American Islamic Relations.

The watchlist is disseminated to a variety of governmental departments, foreign governments and police agencies. Among the defendants named in the lawsuit were the heads of the Terrorist Screening Center, the FBI, the National Counterterrorism Center, the TSA, and CBP.

The judge said he was seeking additional legal briefs before deciding what remedy to impose, and wanted both sides to explain “what kind of remedy can be fashioned to adequately protect a citizen’s constitutional rights while not unduly compromising public safety or national security.”

The plaintiffs said that they were wrongly placed on the list, and that the government’s process for adding names is overbroad and riddled with errors.

The FBI declined comment on the ruling. More here.


Terror Watchlist Opinion by Law&Crime on Scribd

It is important to note there are flaws associated with the list, yet it is not meant to be a permanent list, in fact people are removed. The list is a guidance document requiring all associated agencies to review, investigate and amend as required.

It is a security tool and as for traveling and being detained, there are remedies as noted below”

The Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs – like airports – or crossing U.S. borders.

This includes:

  • watch list issues
  • screening problems at ports of entry
  • situations where travelers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at our nation’s transportation hubs

We cannot overlook the historical facts of militant Islam and the condition that the United States is still at war with terror factions. Further, the U.S. Justice system still prosecutes and applies prison terms to those that are found guilty of proven ties to terrorism, human trafficking, foreign criminal cases and more.

For reference the Watchlisting Guidance is below for reference. It is unknown whether this is the most current iteration of guidance, but it is good for reference. Gotta wonder if this Federal judge was presented with details, context, cases and background.


2013 Watchlist Guidance by juan_de_herat on Scribd



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Denise Simon