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Federal judge rules terror watchlist violates constitutional rights
The Hill ^ | 09/05/19 | Zack Budryk

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


TOPICS: News/Current Events
KEYWORDS: cair; muslims; terrorism
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To: yesthatjallen

Trenga is a good judge. I’ve had many cases before him, and he is right about this.


21 posted on 09/05/2019 6:28:09 AM PDT by PUGACHEV
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To: yesthatjallen

So social credit score for buying guns will also get shot down?


22 posted on 09/05/2019 6:32:41 AM PDT by DownInFlames (Galsd)
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To: MarvinStinson

All I can say to you is remember the Skokie IL march. That case involved the 1st amendment rights of a Nazi group marching in parade in a heavily Jewish suburb north of Chicago. May Skokie residents were former concentration camp victims. At the time, the left supported the Nazis right to march although they strongly condemned their message. This just goes to show how the left has turned on defending basic civil rights. And the tip of the spear for the left’s assault on civil rights and the police state agencies and useful idiots that support them.

I don’t care if the group is gay, Islamic or Satanic. If these are American citizens, they deserve due process rights. We know that the police state agencies want to trick conservatives by appealing to their sense of patriotism into giving up their due process rights.


23 posted on 09/05/2019 6:35:39 AM PDT by grumpygresh
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To: yesthatjallen
Trenga, a George W. Bush appointee

Irony: The Mark of Quality Literature


24 posted on 09/05/2019 6:38:51 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: Lurker

Does this mean San Fransicko must remove the NRA from their terror watchlist?


25 posted on 09/05/2019 6:44:02 AM PDT by Dr.Deth
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To: joe fonebone

” I do not like the idea of a petty bureaucrat having that kind of power”

Nor do I but my suggestion would stop that from happening.


26 posted on 09/05/2019 6:49:43 AM PDT by billyboy15
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To: Little Ray
Restore due process.

..But only for suspected Islamic terrorists. Red Flag laws and the recent fiat of California declaring the NRA a terrorist organization do not get the same protection - for the children, you know.

Remember that this case was brought by our Islamic friends at CAIR.

27 posted on 09/05/2019 6:52:01 AM PDT by Thommas (The snout of the camel is in the tent..)
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To: yesthatjallen

How many of the Islamists were made U.S. citizens by immigration fraud, like Rep. Omar?


28 posted on 09/05/2019 6:54:28 AM PDT by RideForever
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To: Flavious_Maximus

If these islamists are American citizens, then I am on their side.

Nobody belongs on some “list” without due process.


29 posted on 09/05/2019 6:55:46 AM PDT by Erik Latranyi (The Democratic Party is now a hate-group)
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To: yesthatjallen

when they take the guns away from nad-dog white christian americans they can give them to these horribly wronged divine people so they can protect themselves and their fine religion.


30 posted on 09/05/2019 7:04:01 AM PDT by RArtfulogerDodger (peace, Love, and Joy To All, Especially Obama and Democrats)
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To: Flavious_Maximus
The 23 plaintiffs are all Islamist. I wouldn’t call them americans, they are jihadis. /spit.

At the risk of sounding jaded, I'm betting that if all 23 had been natural born (male - no minorities) Americans the ruling would have been different.

Sounds far fetched? Don't bet on it.

31 posted on 09/05/2019 7:04:46 AM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Thommas

While I agree with people who say this helps restores due process and my initial reaction was this gives us more power to fight ‘red flag’ laws I was sorry to read the suit was brought and won by CAIR.


32 posted on 09/05/2019 7:14:09 AM PDT by yesthatjallen
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To: chris37

What is the social credit score if one is not online or doesn’t use the social media crapola ?


33 posted on 09/05/2019 7:15:30 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: billyboy15
He can then dispute his inclusion by refuting with evidence presented against and for his inclusion on the list.

The problem with that is, we're back to the accused being forced to prove they are not guilty, i.e. proving a negative. It is (well, should be according to the Constitution) the responsibility of the accuser (the government) to prove the guilt of the accused.

Otherwise, we have Soviet style kangaroo courts. Or, if you will, central American banana republic "courts".

Am I soft on muzzie terrorists? Nope. I'm guessing that had the feds had any balls they could have filed formal charges on at least some of these 23. But they are afraid to publicly go after them (get the Rats all riled up and be called islamaphobic by the MSM) so they did it on the sly.

How many normal, everyday Americans are on this list compared to real terrorists? Thousand to one? Lot more than that I'm betting.

34 posted on 09/05/2019 7:19:29 AM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: George from New England

Perhaps if one has no rating whatsoever, then one gets no gun whatsoever.

Better safe than sorry. We must do something!

/S


35 posted on 09/05/2019 7:23:19 AM PDT by chris37 (Monday, March 25 2019 is Maga Day!)
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To: yesthatjallen

If this stands it can be applied to all red flag laws


36 posted on 09/05/2019 7:26:18 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: Thommas

The problem with freedom is that we often have to defend scoundrels like CAIR (or Illinois Nazis).


37 posted on 09/05/2019 7:30:31 AM PDT by Little Ray (Freedom Before Security!)
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To: yesthatjallen

In my “personal” Constitution ... terrorists have NO rights. Period!


38 posted on 09/05/2019 7:33:41 AM PDT by ThePatriotsFlag (We are getting even more than we voted for.)
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To: Lurker

“Good. These lists are an abomination.”


I am 100% in agreement with you. This is the Dept. of Pre-Crime in action, combined with all of the efficiency of the DMV and the compassion of the IRS. That there is virtually no remedy (let alone one that is reasonably quick) to being erroneously put on the list only compounds the problems with this law.

I am hoping that this decision will be upheld (you KNOW that the Feds will try to overturn this challenge to their power over us), and that it will be utilized to invalidate Red Flag laws across the country.


39 posted on 09/05/2019 7:41:11 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: I want the USA back

“Any politician who voted for this law needs to be kicked out.”


Any politician who voted for this law needs to be drawn and quartered for aiding and abetting the destruction of our Constitutionally-protected rights. If they’re dead by now, dig them up, and then draw and quarter them.


40 posted on 09/05/2019 7:43:03 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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