US judge weighs constitutionality of terror watchlist

WASHINGTON

A federal judge in the state of Virginia heard oral arguments Thursday in a lawsuit against the federal government's terror watchlist that includes more than one million people the government considers "known and suspected terrorists."

The lawsuit first filed in 2016 by the Council on American-Islamic Relations (CAIR), was heard in a federal court in Alexandria and served as a challenge on behalf of Muslims who say they have suffered negative consequences as a result of either being placed on the list or knowing someone on the list.

It was filed on behalf of 23 Muslim Americans, including a baby, who was targeted by the government’s watchlist system, according to CAIR.

The Terrorist Screening Database was created in 2003 by the FBI to monitor and track down those suspected of terrorist activities after the Sept. 11, 2001 attacks.

While the list is meant for the government's use, the lawsuit argues the database has been shared with tens of thousands of private and public entities, as well as 60 other countries, making life difficult for those on the list.

The plaintiffs also argue about the credibility of the list, saying many of the people on the list are innocent Americans, while others who are a threat are not on the list, or had been taken off.

Omar Mateen, the 2016 Orlando nightclub shooter was on the watchlist for a period of time but was taken off by the FBI before he killed 49 people.

In an audit of the database by the Justice Department found there were irregularities with information missing and names on the list that should not be there.

"We reported instances where the consolidated database did not contain names that should have been included on the watchlist,” the department said in a report. “Additionally, we found inaccurate or inconsistent information related to persons included in the database."

Hassan Shibly, one of the plaintiffs in the case, said at a press conference following the hearing he believes the list makes America less safe and less free.

"Growing up as an American Muslim I've felt that I’ve been treated like a second-class citizen at the hands of my government," Shibly said. "Placed in handcuffs in front of my grandma, asked about my religious beliefs, treated like a criminal.

"I believe that every single Muslim in the United States is either on this list or knows someone on this list."

Lena Masri, CAIR's national litigation director, said the list has kept people from their loved ones and families, and was hopeful the judge would rule against the list's constitutional merit.

"Lives are being destroyed by this watchlist," Masri said. "This watch list is an attack on the Muslim community. And we're confident that the judge will see the watchlist for what it is, and declare it unconstitutional."