I'm sure there are people (like this pilot) who have had problems but it is severely overblown (what isn't?) in the media.
Exactly, the list overall is a good idea but occasionally some mistakes are made.
I'm sure there are people (like this pilot) who have had problems but it is severely overblown (what isn't?) in the media.
So, you're saying that being on the watch-list is the equivilant of being charged with a crime? That's the way it sounds if you must appear before a judge or jury to prove your innocence (or for the gov't to prove your guilt). If the gov't has sufficient evidence to "suspect him of being a terrorist" then why are they not charging him? Or is mere suspicion sufficient reason to drag people into court in your fantasy world?
In your scary fantasy world, many members of this forum could not fly on business as required by their employer. If your employer has a need to send you to another city for your job - a requirement you cannot meet - you could potentially lose your job. All based on mere suspicion or a common name
Suspicion is enough evidence to be arrested, monitored or charged with a crime, if you buy enough bomb making materials but never build the bomb the government can certainly arrest and you should be able to arrest you.
I don't support waiting until people are dead to taken action, preemptive steps must be taken.
So I guess your one of those people who believe's in thought crimes. I am glade I will not live in the United States you want.
Watch-Listed Fliers Can Sue, Appeals Court Rules
By Ryan Singel
Airline passengers on the government's no-fly list can sue the government to get their names removed, according to a federal appeals court ruling Monday that swept aside complicated judicial rules that insulated the government from lawsuits over the sprawling list of suspected terrorists.
The decision (.pdf) marks the first time that an individual has been allowed to use the court -- rather than a form mailed to a Homeland Security office -- to contest their inclusion in the nation's secret anti-terrorism database. In a recent interview, Homeland Security chief Michael Chertoff said such court reviews would destroy the watch lists and lead to another hijacking like 9/11. Those who continually run up against the list describe the experience of trying to figure out how to get off the list as Kafkaesque.
The U.S. 9th Circuit Court of Appeals decided 2-1 to overturn a lower court dismissal of the case on jurisdiction grounds. The lower court found that Congress protected the Transportation Security Administration's aviation safety orders from legal challenges in district court, and that the case had to be filed in the court of appeals first. That essentially blocks any plaintiff from calling witnesses and subpoenaing documents -- leaving them with only the possibility of challenging the constitutionality of the order itself.
That notion struck Chief Judge Alex Kozinski as nonsensical:
Just how would an appellate court review the agency’s decision to put a particular name on the list? There was no hearing before an administrative law judge; there was no notice-and-comment procedure. For all we know, there is no administrative record of any sort for us to review. ... (the process of maintaining the No-Fly List is opaque). So if any court is going to review the government’s decision to put Ibrahim’s name on the no-fly list, it makes sense that it be a court with the ability to take evidence.
Kozinski, joined by James Otero, found instead that the TSA's no-fly and selectee lists were compiled and maintained by another agency -- the Terrorist Screening Center -- that wasn't protected, so the challenge can proceed. Judge Randy Smith dissented, saying Congress clearly wanted to protect the TSA from such suits.
The case arose after a Malaysian woman studying at Stanford attempted to fly from San Francisco to Malaysia in January 2005, but United Airlines identified Rahinah Ibrahim as being on the no-fly list. The airline contacted the police, who called the TSA's intelligence service. There an employee named John Bondanella told police to detain and question Ibrahim, and call the FBI. Ibrahim was handcuffed in front of her 14-year-old daughter and taken to the police station, where she was held for two hours until the FBI called to say let her go.
Ibrahim is suing the feds, United Airlines, San Francisco county and a number of individuals. She is also seeking an injunction to have her name removed from the list.
The appeals court, overturning the lower court, is also allowing Ibrahim to sue Bondanella personally. She alleges that his order to detain her violated her constitutional rights, since the no-fly list is not a list of wanted terrorists, but rather a list of people suspected of being too dangerous to board a plane.
Suspicion is enough evidence to be arrested, monitored or charged with a crime, if you buy enough bomb making materials but never build the bomb the government can certainly monitor/arrest you and you should be able to have that ability.
I don't support waiting until people are dead to taken action, preemptive steps must be taken - I think 99% of America would agree.
peetzakilla alleged in post #10 that it was simple and easy to get one's name removed from the no-fly list.
Suspicion is cause to investigate or to look further. No more than that. One cannot be charged for because police suspect that you may be about to commit a crime. It may be enough to get a search warrant, but not to make an arrest.
I think most U.S. Citizens would require more than casual links, such as... married a Pakistani woman + she's Muslim + he coverted to Islam [to get married perhaps?] + he's a pilot.... what does that get you? Very little. None of those things by itself or in combination rises to even the level of being suspicious
We really need to know more about the wife, she might have ties to these groups or she may have even used him to come here.
James Robinson is a retired Air National Guard brigadier general and a commercial pilot for a major airline who flies passenger planes around the country. He has even been certified by the Transportation Security Administration to carry a weapon into the cockpit as part of the government's defense program should a terrorist try to commandeer a plane. But there's one problem: James Robinson, the pilot, has difficulty even getting to his plane because his name is on the government's terrorist "watch list."
...
It turns out that three people named "James Robinson" found their names on the list in early 2005. Besides the airline pilot, there's the James Robinson who served as U.S. attorney in Detroit, Michigan, and as an assistant attorney general in the Clinton administration; and James Robinson of California, who loves tennis, swimming and flying to the East Coast to see his grandmother. He's 8.
...
All the Robinsons are enrolled in frequent-flyer programs, and all have filled out the paperwork that Chertoff said is an easy way to get them off the watch list. But it has been three years since all three James Robinsons filled out those forms, and their cases have yet to be resolved.
is a far cry from "I know not what course others may take; but as for me, give me liberty or give me death!"I think risking a couple incidents like this is worth it if it makes us significantly safer,
We really need to know more about the wife
Actually no, we don't.
Whatever happened to land of the free and the home of the brave?