January 23, 2014
A federal judge on Wednesday allowed a Virginia man’s challenge to his placement on the no-fly list to go forward, three years after he was stranded in Kuwait.
U.S. District Judge Anthony Trenga issued a 32-page written ruling rejecting arguments of government lawyers who wanted the case dismissed. Trenga said that Gulet Mohamed suffers significant harm from his apparent placement on the list and the Constitution gives him the right to challenge his no-fly status.
Trenga acknowledged that Mohamed’s travel rights must be balanced against the government’s duty to protect its citizens from terrorism, but wrote that “the No Fly List implicates some of our basic freedoms and liberties as well as the question of whether we will embrace those basic freedoms when it is most difficult.”
The Justice Department is reviewing the ruling, department spokesman Wyn Hornbuckle said in an email late Wednesday.
The government has refused to say why it would have placed Mohamed on the no-fly list; in fact, the government won’t even confirm that Mohamed, or anyone else, is on the list at all. The government says only that people are placed on the list when it has “reasonable suspicion to believe that a person is a known or suspected terrorist.”
Mohamed, an Alexandria resident and naturalized U.S. citizen, was 19 when he was detained by Kuwaiti authorities in 2011. Mohamed says he was beaten and interrogated at the behest of the U.S. and denied the right to fly home.
U.S. authorities allowed Mohamed to fly home after he filed a federal lawsuit, but Mohamed says he remains on the list without justification.
Mohamed’s lawyer, Gadeir Abbas, who is with the Council on American-Islamic Relations, called the ruling “a stinging rebuke to the government’s use of the no-fly list.”
Washington Post: http://www.washingtonpost.com/lifestyle/travel/va-mans-challenge-to-no-fly-list-clears-hurdle/2014/01/23/7e063730-8432-11e3-a273-6ffd9cf9f4ba_story.html