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Judge believes that No Fly List is racist towards Muslims, keeps CAIR’s legal challenge alive despite the fact that the 4th US Circuit of Appeals upheld the Terror Watchlist against the same "due process" challenge in June 2021.


Florida Family Association’s mission to counter the Islamist agenda in America may be more important now than when it first included this issue in its mission ten years ago.  Biden’s open border policy which is allowing tens of thousands of foreign nationals from around the world to freely enter America combined with his administration’s gift of $80 billion in military equipment and major sense of Islamist victory to the Taliban has significantly increased the risk of an Islamic terror attack on American soil.  

Countering CAIR and other Islamist groups’ challenges to United States policies and laws that protect Americans from Islamic terrorism is one of several categories of Florida Family Associations campaigns.  The most important campaign in this category deals with the Council on American Islamic Relations (CAIR) legal challenge to the No Fly List where District Court Judge Paula Xinis continues to give the case life even though the appellate court under which she operates ruled against CAIR’s similar “due process” challenge to the Terror Watchlist.  The No Fly List is part of the United States Quiet Skies program which aims to protect the millions of Americans that travel by air, rail and bus every day.   

Florida Family Association countered when 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 Watchlist   that   is used by law enforcement and the private sector to protect millions of Americans and the citizens of several other countries from terrorism. Our first set of email campaigns encouraged Judge Trenga to make national security the priority in this case.  Judge Trenga ruled to allow the watchlist to continue but ordered DHS to implement due process procedures that could have resulted in dangerous people not being added or kept on the watchlist.  DHS appealed Judge Trenga’s ruling to the 4th US Circuit Court of Appeals.  We launched several email campaigns that asked thousands of people to send emails to urge the appellate court judges not to make changes to the Terror Watchlist procedures that could jeopardize public safety.

All three judges (unanimous) of a 4th US Circuit Court of Appeals panel ruled to reverse Judge Trenga’s order and upheld the Terror Watchlist.  The judges ruled in part:  “Third, we would not casually second-guess Congress’s specific judgment as to how much procedure was needed in this context.”  Sounds similar to the email Florida Family Association prepared for people to send to these judges.  CAIR responded to its loss by requesting a hearing en banc with ALL of the judges on the appellate court.  They lost the en banc hearing request with a resounding unanimous no.  CAIR did not appeal this case to the US Supreme Court, which thankfully would be highly unlikely to reverse the 4th US Circuit Court of Appeals ruling.

Despite the 4th US Circuit Court of Appeals ruling and a similar ruling by the 10th US Circuit Court of Appeals, District Court Judge Paula Xinis continues to allow this case to move forward because she thinks it is racist for Muslims to be on the No Fly List if they were surveilled because of their Islamist affiliation.   CAIR reports that Judge Xinis interprets that the No Fly list’s core principles are racist.  A CAIR press release states in part: Judge Xinis also explained that “[p]robing interrogations about travel to Muslim-majority countries, religious pilgrimages, learning Arabic, attending mosques, affiliations with Muslim organizations, religious donations, and associations with other Muslims” raise an inference that decisions to target Muslims are tied “directly, and perhaps solely, to Plaintiffs’ race, alienage, religious, and national origin.”  “Racist” as used by woke progressives is a word that indiscriminately labels any behavior according to leftist dictum, whether rationally or irrationally construed, as harmfully anti-social and deserving of severe punishment.  

Judge Xinis, a former Federal Public Defender appointed by Barack Obama, said that “probing interrogations about travel to Muslim-majority countries, religious pilgrimages, learning Arabic, attending mosques, affiliations with Muslim organizations, religious donations, and associations with other Muslims” raise an inference that decisions to target Muslims are tied “directly, and perhaps solely, to Plaintiffs’ race, alienage, religious, and national origin.”

Judge Xinis denied the US Government's first motion to dismiss.  This means that a jury will decide the fate of our national security if the case continues to trial.  The case is currently in discovery.  The Defendants could file another motion to dismiss the case after discovery is completed.

Florida Family Association has prepared two emails for you to send to ask District Court Judge Paula Xinis and Magistrate Judge Gina L Simms why their court has not dismissed CAIR’s challenge to the No Fly List given that the 4th US Circuit Court of Appeals upheld the Terror Watchlist against CAIR’s same “due process” challenge.  PLEASE SEND BOTH EMAILS.

PLEASE SEND THE PREPARED EMAILS TO ENCOURAGE JUDGE XINIS AND MAGISTRATE JUDGE SIMMS TO DISMISS THE CHALLENGE AGAINST QUIET SKIES "NO FLY LIST."  Unfortunately, the United States District Court is blocking Florida Family Association’s email server that is used to send action emails.  Therefore, Florida Family Association has prepared emails for you to send that will open in your email client.

Click here to send your email to Honorable Judge Paula Xinis.

Click here to send your email to Honorable Magistrate Judge Simms.

These emails will open in your email browser because the United States Senate is blocking normal form emails sent through the Florida Family Association email server.  If the above link does not open in your email browser or if the email is returned to you please prepare an email using the suggested subject line, content and email addresses provided below. Please feel free to change the wording.

Suggested subject line:

Why does this case continue after 4th US Circuit ruling?

Suggested content:

Honorable Judge Xinis,

Why does your court continue to allow CAIR to prosecute legal challenge against the No Fly List given the fact that the 4th US Circuit Court of Appeals upheld the Terror Watchlist against the same due process challenge?  After CAIR lost to a unanimous panel ruling and unanimous en banc denial it declined to appeal to the US Supreme Court for obvious reasons.  Please stop wasting taxpayer money and dismiss this case.

Honorable Magistrate Judge Simms,

Why does your court continue to allow CAIR to prosecute legal challenge against the No Fly List given the fact that the 4th US Circuit Court of Appeals upheld the Terror Watchlist against the same due process challenge?  After CAIR lost to a unanimous panel ruling and unanimous en banc denial it declined to appeal to the US Supreme Court for obvious reasons.  Please stop wasting taxpayer money and dismiss this case.

Email addresses

judge_paula_xinis@mdd.uscourts.gov

judge_gina_simms@mdd.uscourts.gov

Paula Xinis, District Judge
6500 Cherrywood Lane, Suite 400
Greenbelt, MD 20770

(301) 344-0653


Author: ffa   20210922   Category: Terrorism  FFA: on
Tags: No Fly List, Judge Xinis
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