SEE: Eric Holder Affidavit Invoking State Secrets Privilegehttp://www.cair.com/images/pdf/Holder-memo.pdf
Invoking
the state secrets privilege allows the government to refuse to
produce evidence in court that would reveal secret information that, if
disclosed, might harm national security interests or relations with
foreign countries. That privilege has been utilized increasingly by the
government as a way to kick cases out of court and, in this case, to
avoid a ruling on the constitutionality of the government's actions.
CCR Fact Sheet on State Secrets: http://ccrjustice.org/files/factsheet_stateSecrets.pdf
"The
government's resort to the state secrets privilege is a desperate
attempt to avoid the increasing number of decisions that have found
constitutional problems with the no-fly list," said CAIR Staff Attorney Gadeir Abbas,
who is representing Mohamed. "This attempt to dismiss Gulet's no-fly
list challenge is the most abusive use of the state secrets privilege in
years."
Abbas
added: "Other courts have been able to determine that the no-fly list
is unconstitutional without disclosing state secrets. We are confident
that this Court will see the Obama Administration's use of the state
secrets privilege in this case for what it is: an abusive litigation
tactic."
He
noted that, in 2009, Holder issued guidance on the state secrets
privilege that directed the Department of Justice to seek dismissal only
when "necessary to protect against the risk of significant harm to
national security."
SEE: Holder Memo
CAIR's
motion, filed yesterday in U.S. District Court for the Eastern District
of Virginia - Alexandria Division, states: "Having failed in other
cases to defend its extra-judicial use of the No Fly List, the
government has availed itself of the litigation equivalent of the
nuclear option: the government wants to kick 21-year-old Gulet Mohamed
completely out of court because Attorney General Holder submitted an
affidavit invoking the state secrets privilege."
SEE: CAIR's Motion in Opposition to Use of State Secrets Privilege
In
its motion to the court, CAIR argued that publicly-available facts and
those obtainable from sources other than the government, not state
secrets, are at the heart of Mohamed's claims. CAIR's filing also argued
that the "fleetingly small risk" of state secret disclosure does not
justify the dismissal of Mohamed's claims.
Mohamed was prevented from boarding a flight to the United States in 2011 and has alleged that he was tortured while in detention in Kuwait
and faced unconstitutional coercion to answer questions by FBI agents
who ignored his repeated requests for legal representation.
CAIR filed a lawsuit against the government alleging violation of Mohamed's right to return to the United States and his right to challenge his placement on the no-fly list.
In January, a federal judge in Virginia
ruled that placement on the government's no-fly list "transforms a
person into a second class citizen, or worse." That 32-page opinion
allowed CAIR's lawsuit against the government on behalf of Mohamed to go
forward.
SEE: Federal Judge Says No-Fly List Creates 'Second Class Citizens'
CAIR recently welcomed a ruling by a federal judge in Oregon
that those placed on the government's so-called "no-fly list" are being
denied their constitutional right to due process. In a 65-page opinion,
U.S. District Judge Anna Brown said government procedures to challenge inclusion on the list are "wholly ineffective."
SEE: CAIR Welcomes Ruling that No-Fly List Appeals Process is Unconstitutional
CAIR
has assisted a number of other American Muslim citizens who have been
stranded overseas by government actions and says travel bans are often
used by law enforcement agencies for the forced recruitment of
informants.
Video: CAIR Rep Says FBI Uses No-Fly List for Forced Recruitment of Muslim Informants
https://www.youtube.com/watch?v=X8u28aClaa0
https://www.youtube.com/watch?v=X8u28aClaa0
Video: CAIR Lawsuit Challenges Government's 'No-Fly' List (Video)
Video: CAIR-LA Holds News Conference with Med Student on No-Fly List Detained in Bangkok
CAIR
is America's largest Muslim civil liberties and advocacy organization.
Its mission is to enhance the understanding of Islam, encourage
dialogue, protect civil liberties, empower American Muslims, and build
coalitions that promote justice and mutual understanding.
RELATED LINKS
http://www.cair.com
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