Posted on 09/05/2019 5:56:22 AM PDT by yesthatjallen
The federal government has violated the rights of more than 1 million people by placing them on a watchlist of “known or suspected terrorists,” a federal judge ruled Wednesday.
The plaintiffs, 23 U.S. citizens, argued, with the backing of the Council on American Islamic Relations, that they were wrongly placed on the list, causing “a range of adverse consequences without a constitutionally adequate remedy.”
The plaintiffs, ruled U.S. District Judge Anthony Trenga, “have constitutionally protected liberty interests that are implicated by their inclusion” on the list, and the Department of Homeland Security process by which people listed on the watchlist can challenge their inclusion “is not constitutionally adequate to protect those liberty interests.”
Trenga, a George W. Bush appointee, added “there is no evidence, or contention, that any of these plaintiffs satisfy the definition of a ’known terrorist’.” While Trenga’s ruling grants summary judgment to the plaintiffs, it directs both sides to file supplemental briefings on appropriate remedies before he rules further.
SNIP
Good. These lists are an abomination.
L
This bodes well for any legal challenges to “red flag” laws.
Seems like the same could be said for any social credit score to buy a gun, right, Mr. Trump?
Right.
Remember the Left wanting to deny firearm purchases to citizens on the list. Will the MSM talk about how awful and oppressive this idea was ?
And the politicians planned to use the list to deny gun purchases.
Once you’re on a list, it’s next to impossible to be taken off. Plus they won’t tell you if you’re on the list, so you can’t challenge it! Plainly wrong, illegal, and unconstitutional. Any politician who voted for this law needs to be kicked out.
>
This bodes well for any legal challenges to “red flag” laws.
>
Presumes facts not in evidence.
Judges, when it comes to ‘gun control’, will ALWAYS thread a camel through the eye of a needle; regardless of the plain, simple English of the 2nd, “...shall NOT be infringed.”
After having my kosher Nutella snatched by TSA at security last night, I want all of these Bush-era limp-wristed measures thrown out in favor of deep Israeli-style profiling.
Hurray!
Restore due process.
Concur.
If the accused is not allowed to face his accuser and force the accuser/government to prove the acquisitions beyond a reasonable doubt, the law or regulation is unconstitutional and illegal.
Accusers and government agencies that fail to obtain a conviction must be held liable for the accused’s legal fees, and subject to civil suit for slander, liable, and defamation of character.
The 23 plaintiffs are all Islamist. I wouldn’t call them americans, they are jihadis. /spit.
How about if the potential “listee” is notified before inclusion on watch list and given reasons why he is being listed? He can then dispute his inclusion by refuting with evidence presented against and for his inclusion on the list.
Sweet. Now, do the NSA
We live in a country where a ‘finger gun’ gesture is illegal. Good luck with any serious legal reform.
The judge is right on this.
If the government had ever in it’s entire history done anything right being put on some list might be a good idea in some selective scenarios.
But, if your mistakenly on this list, your life can be put upside down and without ANY due process. Again, the judge is right.
I’m glad to see so many people here supporting due process. I think years ago many would have simply accepted the government’s position that due process should take a back seat to fighting the “war on terror”.
I think we all realize that the police state agencies are continuingly trying to grab more power to the detriment of citizens’ rights. And that these same police state agencies, comprised primarily of leftists and statist, are intent on criminalizing conservative speech and restricting constitutional rights of the people they dislike.
Today sounds like a good day to put ALL Federal Judges on the NO FLY List.
If we are going to have them, there needs to be a way challenge them.
People who are not US citizens or legal residents should *not* be allowed to challenge them.
If the could, we open the court system to be overwhelmed with frivolous challenges.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.