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United States informs court of recent appellate decision that strengthens its motion to dismiss CAIR lawsuit that challenges the No Fly List.

The email for this article was deactivated after District Judge Paula Xinis denied the United States Government's motion to dismiss Rami Khaled El Ali et al v. Barr et al.

This Obama appointed judge is allowing a jury to determine national security policy regarding the No Fly list which prevents known or suspected terrorists from air and rail travel.

The Council on American Islamic Relations (CAIR) issued a news release on August 8, 2018  titled: CAIR Files Broad Challenge to Watchlisting System, Including TSA's Quiet Skies Program.  CAIR’s press release on the filing of this lawsuit states:  “Quiet Skies punishes those who—through family, community or the workplace—have relationships with individuals the federal government has designated as a ‘known or suspected terrorist.’”

On April 29, 2019, federal agencies filed a Second MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Lieutenant General Robert P. Ashley, Jr., William Barr, Ken Blanco, Jonathan R. Cantor, L. Francis Cissna, Daniel R. Coats, John C Demers, David J. Glawe, Gina Haspel, Charles H Kable, IV, Joseph Maguire, Kevin K. McAleenan, James W. McCament, John Mitnick, Steven Mnuchin, General Paul M. Nakasone, Kirstjen Nielson, David P. Pekoske, Mike Pompeo, Cameron Quinn, Tracy Renaud, Patrick M. Shanahan, Watchlisting Advisory Council, Beth A. Williams, Peter A. Winn, Christopher Wray.

The United States filed a Notice of Supplemental Authority on November 20, 2019 in support of its motion to dismiss.  The introduction of this filing states:  Defendants file this Notice to inform the Court of supplemental authority bearing on some of the claims in this case. On November 12, 2019, the United States Court of Appeals for the Tenth Circuit in Abdi v. Wray, No. 18-4078, 2019 WL 5882375 (10th Cir. 2019), affirmed the dismissal of substantive and procedural due process and Administrative Procedure Act claims brought by a plaintiff alleging inclusion on the Selectee List subset of the Terrorist Screening Database (“TSDB”). 

The United States Court of Appeals for the Tenth Circuit’s affirmation of a lower court’s dismissal of a complaint similar to the one filed by Rami Khaled El Ali significantly strengthens the Defendant United States’ motion to dismiss the Rami Khaled El Ali complaint.

Many people who apply for special agent at the Federal Bureau of Investigation are denied that opportunity because of their “family, community or workplace relationships.”    This FBI procedure results in providing the best possible public safety for all Americans.  Should this FBI procedure be invalidated because of alleged discrimination?  Since evaluating these FBI applicant “relationships” results in improved public safety and public trust how much more so does evaluating air travelers’ “relationships” with known terrorists protect the lives of hundreds of innocent people who travel on one aircraft and increase public confidence of millions of people in air travel?

The Council on American Islamic Relations (CAIR), who brought this legal challenge, has a very long list of projects and lawsuits that have vigorously opposed numerous counter-terrorism surveillance measures, policies, training procedures and training personnel.  It would be very difficult to find a counter-terrorism measure that is supported by CAIR.

Additionally, many CAIR officials have “family, community or workplace relationships” with terrorists who have been sentenced to prison and/or deported for supporting terrorism.   These CAIR officials include: Ghassan Elashi - founder of CAIR’s Texas chapter, Mousa Abu Marzook, Randall  Royer - CAIR’s former civil rights coordinator, Bassem Khafagi - CAIR’s  former  community relations director, Rabih Haddad - a  former CAIR fundraiser, Siraj Wahhaj - CAIR’s advisory board member, Muthanna Al-Hanooti - former head of CAIR's Michigan branch and Nabil Sadoun - a former CAIR board member.  Numerous CAIR officials have defended terrorists.  Hussam Ayloush, CAIR L.A. director, blamed America for the San Bernardino terrorist attack.  Ahmed Bedier, then CAIR Tampa director, defended Sami Al Arian who was indicted and plead to federal charges of raising support for Palestine Islamic Jihad (PIJ), a terrorist organization.

Yet, with all of these questionable “relationships” many CAIR officials, employees and members are not listed on the no-fly list.  Therefore, the people who are on the no-fly list most likely have relationships or circumstances with known terrorists that are far more risky to public safety.

El Ali et al v. Barr et al Case No. 8:18-cv-02415-PX  was assigned to District Court Judge Paula Xinis of the United States District Court, District of Maryland.  Defendant United States' motion to dismiss this case is pending before Judge Xinis.

Florida Family Association has prepared an email for you to send to encourage District Judge Paula Xinis to make public safety the priority and keep air travel safe in El Ali et al v. Barr et al.

The email for this article was deactivated after District Judge Paula Xinis denied the United States Government's motion to dismiss Rami Khaled El Ali et al v. Barr et al.

Contact Information:

District Judge Paula Xinis
6500 Cherrywood Lane, Suite 400
Greenbelt, MD 20770
(301) 344-0653


Author: ffa   20200128   Category: Terror  FFA: on
Tags: No Fly List, CAIR

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