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No-fly list lawsuit should proceed in federal court in Portland, appeals panel rules

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No-fly list lawsuit should proceed in federal court in Portland, appeals panel rules

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Old Jun 25, 2014, 3:13 pm
  #31  
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Originally Posted by chollie
Particularly when the government has demonstrated a willingness to go after family members.
...... which in part may explain why the biggest leakers of regime dirty tricks most hated by regime apologists today tend to be young generation of "national security" leakers with no wife or children.

Familiar with the notion of the preferred janissaries of the Ottoman Empire regimes? "The other's" children denied family connections and/or groomed to choose Empire/Leader over birth family/nation/patria.
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Old Jun 25, 2014, 4:04 pm
  #32  
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Originally Posted by GUWonder
The government is still using the blacklists in much the same way as alleged in the "old news'" items.
Of course. Why would they stop? These NFL court cases go on for years before there is even a trial. In the meantime, these FBI SAs can run around putting unconstitutional pressure on certain individuals whom they'd like to groom as informants.

Originally Posted by GUWonder
I have little to no doubt about the following: when it comes to most people who have been hit by these kind of US blacklists and offered a USG "deal" to get around the blacklist hits, approaching the ACLU is more the exception than the norm. Most victims of this sort are probably too scared or otherwise poorly positioned to challenge the government in an open venue on such matters.
And the stories we do hear are so similar. I wish someone would record one of these interviews to document the offer of informant status in exchange for getting off the list.
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Old Jun 25, 2014, 5:18 pm
  #33  
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Originally Posted by Spiff
Violating people's civil rights by illegally denying them passage by commercial airplane. Extortion. Denial of due process.
Do you think stupid enough? You can't blame with TSA & DHS. They lied, cheat, steal, and stupid. TSA is very nasty thing for what they did. Those people is very uncomfortable with TSA. They don't like TSA. You disrespecting with TSA and they are un-American agency. It's time to end the TSA. Now!

You can't be discrimination with TSA. You are worthless!!!
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Old Jun 26, 2014, 1:33 pm
  #34  
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Originally Posted by Ari
And the stories we do hear are so similar. I wish someone would record one of these interviews to document the offer of informant status in exchange for getting off the list.
I am betting it's going to happen again and it is just a matter of when and who does it next.

Part of the reason the FBI amongst others holds meetings overseas at US embassies with blacklisted US persons is to reduce the independent/target's own recording opportunities. Disrupting recordings made is also within the technological reach of the NSA, for recording or recording storage devices that are online and/or have online connectivity features.
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Old Jun 27, 2014, 8:05 am
  #35  
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Originally Posted by GUWonder
I am betting it's going to happen again and it is just a matter of when and who does it next.

Part of the reason the FBI amongst others holds meetings overseas at US embassies with blacklisted US persons is to reduce the independent/target's own recording opportunities. Disrupting recordings made is also within the technological reach of the NSA, for recording or recording storage devices that are online and/or have online connectivity features.
It's also on U.S. turf and the laws of the host countries do not apply. On the flip side, whether or not they like it, the U.S. Constitution DOES apply at an embassy.
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Old Jun 27, 2014, 11:06 am
  #36  
 
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Originally Posted by FliesWay2Much
It's also on U.S. turf and the laws of the host countries do not apply. On the flip side, whether or not they like it, the U.S. Constitution DOES apply at an embassy.
Yes, but the first they do upon entering an embassy is to take away your electronics, so you cannot record or video tape the interview. Has anyone here ever been the subject of an FBI investigation? They will ask to "interview" (read "interrogate with out the presence of counsel") you. If you say "sure, as long as I can record the interview," suddenly they will lose interest in conducting the "interview". What they do is have a stenographer attend, who produces an "official transcript" of the interview, which upon reading you will discover bears little resemblance to what you actually said. Then, a week or so later, they will discover "evidence" that "what you said" (read "what they say you said") is false, and you are you are being charged with "lying to FBI") (by the "FBI" they mean the Federal agents who have been systematically lying to you at every opportunity, something they openly admit to on their own website). But do not fear! Just rat out your friends for them and everything will be forgiven!
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Old Jun 27, 2014, 12:32 pm
  #37  
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Originally Posted by FliesWay2Much
It's also on U.S. turf and the laws of the host countries do not apply. On the flip side, whether or not they like it, the U.S. Constitution DOES apply at an embassy.
It's de facto US turf, but the laws of the host country are applicable yet practically unenforceable for activities taken in the host country by someone credentialed as a diplomat assigned to an embassy. The US Constitution applies to USG employees dealing with US persons abroad too, but the USG gets pretty creative to circumvent the lawful applicability of the US Constitution and de facto invalidate its applicability.

Our government rather recently undermined its own position such that those who are being subject to these kind of USG blacklist-blackmail procedures are marginally more likely to have a slightly better counter-approach strategy if the "interrogation" takes place at a consulate rather than an embassy and is done by non-US law enforcement officials not recognized, by the host government, as assigned to the US embassy in the host country. Either way, the best approach is to not play the game and to lawfully avoid playing the Stasi-like "informant" game however you can, as long as you can, wherever you can. If it means flying to a country elsewhere in the hemisphere and a surface trip to the US, that is better than playing entrapment stooge and bait (à la Stasi-"informant").
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Old Jun 27, 2014, 1:10 pm
  #38  
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Originally Posted by Blogndog
Yes, but the first they do upon entering an embassy is to take away your electronics, so you cannot record or video tape the interview. Has anyone here ever been the subject of an FBI investigation? They will ask to "interview" (read "interrogate with out the presence of counsel") you. If you say "sure, as long as I can record the interview," suddenly they will lose interest in conducting the "interview". What they do is have a stenographer attend, who produces an "official transcript" of the interview, which upon reading you will discover bears little resemblance to what you actually said. Then, a week or so later, they will discover "evidence" that "what you said" (read "what they say you said") is false, and you are you are being charged with "lying to FBI") (by the "FBI" they mean the Federal agents who have been systematically lying to you at every opportunity, something they openly admit to on their own website). But do not fear! Just rat out your friends for them and everything will be forgiven!
Outside of a traffic stop, anyone who talks to a law enforcement officer without a lawyer present is a fool.

We love it when you do, of course.
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Old Jun 27, 2014, 3:29 pm
  #39  
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Originally Posted by halls120
Outside of a traffic stop, anyone who talks to a law enforcement officer without a lawyer present is a fool.

We love it when you do, of course.
Indeed. And even then, still avoid talking even when a lawyer is present and let the lawyer do the talking as much as possible.

Last edited by GUWonder; Jun 27, 2014 at 3:35 pm
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Old Jul 4, 2014, 7:43 am
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The "list" predates TSA!
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Old Jul 4, 2014, 9:25 am
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Originally Posted by eyecue
The "list" predates TSA!


Originally created and maintained by the Transportation Security Administration (TSA), No-fly and Selectee lists are now derived from the consolidated terrorist watch list maintained by the Terrorist Screening
Center (TSC).
http://www.dhs.gov/xlibrary/assets/p..._rpt_nofly.pdf
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Old Jul 4, 2014, 10:01 am
  #42  
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oops!
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Old Jul 6, 2014, 7:49 am
  #43  
 
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Now that we have more information it seems that both the history and current status of the NFL and the legal challenge to it are much worse than I previously understood. I had heard that the FBI was using the NFL to attempt to blackmail people into becoming informants; from the ACLU suit We've learned they went much further than that. One guy attempted to travel back to his family in Yemen by ship; he was ticketed for the journey but the captain refused to let him board in Philadelphia because the DHS rang him up and "recommended" that he not accept him as a passenger. Another guy managed to get on a flight to Nuevo Laredo, from where he was going to enter the US by land, but when the plane stopped in Mexico City, he was hauled off the plane by Mexican agents and not permitted to continue, at the behest of the US government. Another was already on a flight to the USA when US authorities ordered the flight to turn around and return to London. Obviously no legitimate security concerns here.

Also troubling is the ruling. Whilst it is welcome news that the NFL has been found to be unconstitutional, the judge has not ordered that the plaintiffs be permitted to fly pending resolution of the issue, only that the government implement new procedures. It is not even clear that these revised "procedures" will need to conform with a proper "due process" requirement, or that the burden of proof will rest with the government, or that the hurdle will be significant, ultimately, the government may get away with a "preponderance of evidence" level of proof. Worse, it is not clear if there will even be proper independent review, or if the judge will accept some slightly more transparent administrative process managed by the FBI themselves.

Al in all, a small step forward, but still plagued with all sorts of concerns.
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Old Jul 6, 2014, 3:37 pm
  #44  
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Originally Posted by Blogndog
Now that we have more information it seems that both the history and current status of the NFL and the legal challenge to it are much worse than I previously understood. I had heard that the FBI was using the NFL to attempt to blackmail people into becoming informants; from the ACLU suit We've learned they went much further than that. One guy attempted to travel back to his family in Yemen by ship; he was ticketed for the journey but the captain refused to let him board in Philadelphia because the DHS rang him up and "recommended" that he not accept him as a passenger. Another guy managed to get on a flight to Nuevo Laredo, from where he was going to enter the US by land, but when the plane stopped in Mexico City, he was hauled off the plane by Mexican agents and not permitted to continue, at the behest of the US government. Another was already on a flight to the USA when US authorities ordered the flight to turn around and return to London. Obviously no legitimate security concerns here.

You assume that the USG told the truth in each of these cases. They could have told these countries that these people were serial killers or something.

Also troubling is the ruling. Whilst it is welcome news that the NFL has been found to be unconstitutional, the judge has not ordered that the plaintiffs be permitted to fly pending resolution of the issue, only that the government implement new procedures. It is not even clear that these revised "procedures" will need to conform with a proper "due process" requirement, or that the burden of proof will rest with the government, or that the hurdle will be significant, ultimately, the government may get away with a "preponderance of evidence" level of proof. Worse, it is not clear if there will even be proper independent review, or if the judge will accept some slightly more transparent administrative process managed by the FBI themselves.

That was my reading as well. The ruling was very narrow and only applied to the specific people in the law suit. It's still as big an abomination as ever, and will continue to be until We, The People, decide we've had enough.

Al in all, a small step forward, but still plagued with all sorts of concerns.
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Old Jul 22, 2014, 5:34 am
  #45  
 
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Originally Posted by FliesWay2Much
It's also on U.S. turf and the laws of the host countries do not apply. On the flip side, whether or not they like it, the U.S. Constitution DOES apply at an embassy.
That's complicated.
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