Attorneys in the New York City area should be aware of gathering opportunities organized by Center for Constitutional Rights. Once such gathering – CCR’s First Wednesdays – took place last night at Von Bar. CCR and CUNY attorneys – Shayana Kadidal and Diala Shamas – put forth great presentation on the case they are currently working: Tanvir v. Holder. Case is mainly about use of No Fly List to coerce certain individuals into cooperation with executive branch of the U.S. Government. From what I understood, the list is mostly about individuals suspected of engaging in terrorist activities. The list is managed by FBI’s Terrorist Screening Center. Criteria for being placed on the list includes the following elements:
- Executive branch must have “reasonable suspicion” that
- Individual individual is “known or suspected terrorist”; and
- Executive branch has “derogatory information” that
- Individual in question “pose[s] a threat of committing a terrorist act with respect to an aircraft.”
During the discussion, there were questions about circumvention of “no fly list” by going to Canada. It turns out that Canada has its own no fly list and its deference to the U.S. counterpart is unknown. Now, judicial branch is asked to decide whether “no fly list” in unlawful because it violates due process, and/or arbitrary and capricious, as well as, due to circumstances of the case, violates freedom of speech and religion. Based on the discussion, one thing is clear, most certain way to find out if you (your client) is on the list is to buy a plane ticket (local is fine) and attempt to pass through security. While it sounds ironic, but kayak.com may be a starting point of inquiry for one that refuses to cooperate with federal agents.