Those challenging the constitutionality of the “No-Fly List” and Terrorist Screening Database say that when they sue, they get removed, making it impossible to have their concerns heard in court.
But as his lawsuit started moving forward in 2019, the government told him he had been removed from the list.
litigating Long’s case. “If the FBI has its way, delisting a person will become a kind of cheat code the federal government can use to deny people their day in court.” The DHS letter said the government “withheld certain information” about Long’s placement because of “national security concerns.”he had been removed from the No Fly List and would not be put back on, absent new information; the Department of Justice made a similar guarantee in court.Long’s attorneys argued that his removal from the list shows “the Government is willing to place and maintain people on these lists even when they pose no national security threat.
That was a “very powerful opinion,” said Jeffrey Kahn, a former Justice Department attorney who has studied the terrorism watch list as a law professor at Southern Methodist University. The goal of the government attorneys in these cases is “to end the case” before trial, he said, and just taking someone off the list “is an easy way to kill the lawsuit.” The government can track people in other ways and potentially put them back on the lists.
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