Terrorist Watch Lists

I was recently interviewed and quoted regarding the Terrorist Watch List.  The full article is available here and included below:

Haven pilot, wife continue seeking answers from U.S.

Erich Scherfen, a convert to Islam and Gulf War veteran, is one of a million Americans singled out by the federal government — many without knowing it.

“To have one million people on a list really frightens me, as to where we’re headed as a country,” Toni Gilhooley, Republican candidate for the U.S. House of Representatives 17th district seat, said Monday. “It’s an infringement on our civil liberties … I don’t know anyone willing to give up this much independence.”

Incumbent U.S. Rep. Tim Holden, D-17, Gilhooley’s opponent in the Nov. 4 election, said the government has tried to straddle the line between liberty and security with mixed results.

Scherfen and his wife, Rubina Tareen, allege their civil liberties were breached because of a suspected link to terrorism. Last month, the couple filed a lawsuit against various government agencies, claiming their rights — particularly Fourth Amendment protections against unreasonable searches — have been violated.

Scherfen avoided losing his job with a Virginia airline carrier after it abruptly lifted his suspension two weeks ago. Colgan Air Inc. planned to fire Scherfen by Nov. 1 if his name was not removed from the watch lists. By lifting his suspension, Colgan saved the federal government from a public hearing where it would have outlined reasons for placing Scherfen’s name on the lists.

While protecting the country’s security is vital, Holden said that does not mean the government can continue to “harass” American citizens without valid reasons.

“The system is broken. This is unacceptable,” Holden said last week, but added, “We live in a different world. We realize that we’re going to have to give up some of our mobility for security. Our (Congress’) only remedy is to continue to have oversight.”

While Holden said Congress can only keep an eye on possible abuses, he and other members of Congress have the power to reform the lists and shine light on those responsible for them, according to Gregory McNeal, a national security law expert at Penn State University.

“Congress can definitely do more than conduct oversight,” McNeal said in an e-mail Tuesday, adding Congress could pass laws defining “reasonable suspicion” standards, rather than letting the intelligence community or law enforcement agencies come up with their own.

“Second, Congress can initiate ex-post standards which establish criteria for removing someone from the list and a mandatory timeline for doing so,” McNeal said. “I’m happy to sit down with Congressman Holden’s office and help them construct some standards.”

The lists — the number of which is unclear because government agencies refuse to confirm they even exist, according to the American Civil Liberties Union — represent a dangerous abuse of power, according to McNeal.

Those on the list only find out they’ve been flagged when bogged down at airport security lines or border checkpoints, leading to, at the least, more thorough searches.

In the worst case scenario, they’re not allowed to fly or cross back into the country.

“The problem is that people stay on a list that continues to grow,” McNeal said, referring to estimates of more than a million people on terror watch lists. “The standard for getting on a watch list is pretty subjective, and it’s not a high bar. In practice, once a person is placed on a list, an investigation should occur and that person should be removed if … they have no ties to terrorism.”

In reality, however, American citizens like Scherfen and Tareen are given no way out and are forced to endure long, intrusive searches at airports and borders.

Attorneys with the ACLU, representing Scherfen, have called the lists “outrageous” and suggested the couple’s Islamic faith has played a role.

Holden said he couldn’t comment on whether faith is a factor.

“I wasn’t surprised at all,” Holden said, referring to learning of Scherfen’s inclusion on the lists. He also said he personally asked about Scherfen, but received the standard response.

“Executive privilege, national security — anything you can think of,” Holden said of homeland security rationale for not discussing watch lists, but also said he recognizes the need to “scrutinize the traveling public” following the Sept. 11 attacks.

McNeal said names on the list are “nominated” by members of the intelligence community.

“In our current unified homeland security approach, that may include local agencies who flag someone,” he said, but added the reasonable suspicion standard can differ from agency to agency.

McNeal also likened it to police officers, who could witness the same event but differ on whether the events satisfied “reasonable suspicion” of guilt.

Gilhooley, a former Pennsylvania State Trooper, said the lack of further investigation after initially ending up on a list is a serious concern.

“They (Congress) can require an investigation that must reveal more than the initial reasonable suspicion standard, otherwise the process is circular and sweeps too broadly,” McNeal said.

Scherfen and Tareen have said they are not able to comment on the case as their attorneys continue seeking answers from the federal government.

Pull quote:

“The system is broken. This is unacceptable. We live in a different world. We realize that we’re going to have to give up some of our mobility for security. Our (Congress’) only remedy is to continue to have oversight.”

-Holden on watch list system and balancing it with necessary security post-9/11.

Pull quote:

“To have one million people on a list really frightens me, as to where we’re headed as a country. It’s an infringement on our civil liberties… I don’t know anyone willing to give up this much independence.”

-Gilhooley on secret government watch lists.