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United States Court of Appeals for the Fourth Circuit to review ruling by District Judge Anthony Trenga on CAIR’s legal challenge to the Terror Watch List.


The email for this alert was deactivated after the court ruled against CAIR.

The Department of Homeland Security is appealing parts of US District Judge Anthony Trenga’s December 27, 2019 ruling in a lawsuit that the Council on American Islamic Relations (CAIR) filed that challenged the Terror Screening Database.

CAIR sued the Department of Homeland Security (DHS) on April 5, 2016 on behalf of 23 Muslims.  The lawsuit challenged the validity of the Terror Screening Database (TSDB), the official name for the terror watch  list  that is used by law enforcement and the private sector to protect millions of Americans and the citizens of several other countries from terrorism.  Florida Family Association sent out several email alerts over the past 2 years that asked people to send emails to urge Judge Trenga to make public safety the priority and not abolish the entire Terror Screening Database.   Judge Trenga received more than 13,000 emails sent through the Florida-family.org action email center that urged him to make public safety the priority.  Hopefully, the 13,000 emails to Judge Trenga encouraged him along the way.

US District Judge Anthony Trenga issued a ruling on December 27, 2019 that VALIDATED the Department of Homeland Security Terror Screening Database (TSDB) and did NOT extend his September 4, 2019 order to give relief to unnamed plaintiffs including more than a million non-Americans on the list.  Read Florida Family Association’s full report.   Therefore, the DHS Terror Watchlist is still active and being used by thousands of government and business officials throughout the world.  That is why CAIR continues to call for the Terror Watchlist to be dismantled.

While the judge did not rule the entire list unconstitutional he did order DHS to refine its procedures to comply with his standard of “due process” for adding and removing names to the TSDB.  The judge  “ORDERED that Defendants submit to the Court the information and revised procedures identified in its Order dated December 27, 2019 [Doc. No. 3481 within ninety (90) days of the date of this Order, and to the extent the Defendants contend that this information and revised procedures should be placed, in whole or in part, under seal or submitted ex parte or in camera.”  DHS has until March 26, 2020 to comply with this order.

DHS has appealed Judge Trenga’s ruling and order to the United States Court of Appeals for the Fourth Circuit.    Here are the DHS questions that are on appeal:

1. Whether plaintiffs have standing to challenge the adequacy of the DHS TRIP redress procedures for their alleged inclusion on the TSDB.

2. Whether an individual’s alleged placement on the TSDB implicates a protected liberty interest under the Due Process Clause.

3. Whether the Government’s procedures for seeking redress for an individual’s alleged placement on the TSDB satisfy Due Process.

DHS’s brief to the appellate court is due on March 24, 2020.  CAIR’s response to DHS’s brief is due on April 23, 2020.

Florida Family Association has prepared an email for you to send to urge all judges on the United States Court of Appeals for the Fourth Circuit to make public safety and national security the priority in Anas Elhady v. Charles Kable.

The email for this alert was deactivated after the court ruled against CAIR.

 Contact information:

https://www.ca4.uscourts.gov/judges/judges-of-the-court

Chief Judge Roger L. Gregory
804-916-2700
RLG@ca4.uscourts.gov

Judge J. Harvie Wilkinson III
434-296-7063
JHW@ca4.uscourts.gov

Judge Paul V. Niemeyer
410-962-4210
PVN@ca4.uscourts.gov

Judge Diana Gribbon Motz
410-962-3606
DGM@ca4.uscourts.gov

Judge William B. Traxler, Jr.
804-916-2700
WBT@ca4.uscourts.gov

Judge Robert B. King
304-347-3533
RBK@ca4.uscourts.gov

Judge G. Steven Agee
804-916-2700
GSA@ca4.uscourts.gov

Judge Barbara Milano Keenan
804-916-2700
BMK@ca4.uscourts.gov

Judge James A. Wynn, Jr.
804-916-2700
JAW@ca4.uscourts.gov

Judge Albert Diaz
704-333-8025
albert_diaz@ca4.uscourts.gov

Judge Henry F. Floyd
864-591-5300
henry_floyd@ca4.uscourts.gov

Judge Stephanie D. Thacker
304-347-3516
SDT@ca4.uscourts.gov

Judge Pamela A. Harris
804-916-2700
PAH@ca4.uscourts.gov

Judge Julius N. Richardson
804-916-2700
JNR@ca4.uscourts.gov

Judge A. Marvin Quattlebaum, Jr.
864-241-2190
AMQ@ca4.uscourts.gov

Senior Judge Clyde H. Hamilton
803-765-5461
CHH@ca4.uscourts.gov

Senior Judge Dennis W. Shedd
803-732-8250
DWS@ca4.uscourts.gov

Judge Allison Jones Rushing
804-916-2700
AJR@ca4.uscourts.gov


Author: ffa   20200322   Category: Terrorism  FFA: on
Tags: Terror Screening Database, TSDB, CAIR
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