Federal judge rules FBI terrorist watch list is unconstitutional

by The Right Scoop

The FBI just lost in court after a federal judge ruled that their terrorist watch list is unconstitutional:

WASHINGTON POST – A federal judge ruled Wednesday that an FBI watch list of more than 1 million “known or suspected terrorists” violates the constitutional rights of U.S. citizens in the database.

The decision from U.S. District Judge Anthony J. Trenga of the Eastern District of Virginia in favor of 23 Muslim Americans who sued over their inclusion in the Terrorist Screening Database found that the watch list infringes on their constitutional right to due process. Trenga noted that the list restricts their ability to fly and engage in everyday activities and backed the plaintiffs’ concerns that they were flagged secretly and without a clear methodology.

“There is no evidence, or contention, that any of these plaintiffs satisfy the definition of a ‘known terrorist,’ ” wrote Trenga, adding that even harmless conduct could result in someone being labeled as a “suspected terrorist” on the watch list.

“An individual’s placement into the [watch list] does not require any evidence that the person engaged in criminal activity, committed a crime, or will commit a crime in the future,” the judge wrote, “and individuals who have been acquitted of a terrorism-related crime may still be listed.”

The FBI did not immediately respond to a request for comment late Wednesday. The AP reported that the FBI’s lawyers argued in court that the government’s efforts to combat terrorism outweighed the difficulties alleged by the nearly two dozen Muslim American citizens on the list.

District Judge Trenga is a George W. Bush appointee and you can read his full opinion here.

I would expect the FBI will appeal this as quickly as they possibly can, as this seems like an essential tool in identifying potential terrorists.

As an aside, look who is celebrating the ruling:


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