The Council on American Islamic Relations (CAIR) filed a lawsuit on August 8, 2018 that challenges the federal “No Fly” list which is designed to protect millions of travelers from terrorism. The law suit is styled as El Ali et al vs Barr et al. The legal challenge lists many plaintiffs and defendants. Florida Family Association has sent out previous alerts regarding this lawsuit.
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.
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 still pending before Judge Xinis.
District Court Judge Paula Xinis issued this ORDER on May 22, 2020: a virtual motions hearing has been scheduled for June 18, 2020 at 9:00 a.m.; by June 11, 2020, the parties shall file a joint written status report addressing: (a) in the event the Court finds the need for an evidentiary hearing on the question of standing as discussed do the parties agree to conduct the hearing virtually (b) in the event the parties do not agree on a zoom hearing, the parties' respective positions for expedited targeted discovery on standing in advance of merits-based discovery, to include any proposed discovery plan in that respect. Signed by Judge Paula Xinis on 5/22/2020.
CAIR has demanded a jury trial. The politics and emotions that may influence a jury could make our skies dangerous. Unless the judge dismisses this case before trial a jury could rule on complicated policies that are vital to protect millions of travelers.
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.
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Please make the public safety of millions of travelers the priority in El Ali et al vs Barr et al
Honorable Judge Xinis, I respectfully urge you to make the public safety of millions of travelers the priority in El Ali et al v. Barr et al. I am very concerned that a jury may rule on complicated policies that are vital to protect millions of travelers. The politics and emotions that may influence a jury could make our skies dangerous. Your court has the opportunity to make sure that the skies remain safe for millions of air travelers. Thank you.
District Judge Paula Xinis
6500 Cherrywood Lane, Suite 400
Greenbelt, MD 20770