Prove To Us That You're Not A Terrorist
MayorBob.
Posted to Legal on Mon Aug 25, 2008 at 07:04:41 AM EST (promoted by port1080). RSS.
The long and the short of this story is that Erich Scherfen is on a Terrorist Watch List. One of the problems this presents to the Schuylkill Haven, PA resident is that he can't fly anywhere. Okay, so he just doesn't fly; maybe he should take the train or just drive where he wants to go. The real problem for Scherfen is that flying is how he earns a living; he's an airline pilot. And, if he can't clear his name to his employers by September 1st, he can't earn a living.
The odd thing about Scherfen being on a list of possible terrorists is that his personal background flies in the face of him being a terrorist. He served in the US military for more than 13 years: he fought in the first Gulf War and flew helos in the National Guard. Since getting his honorable discharge, he's been employed as a pilot by Colgan Air. But, he was informed in April he had until September to clear his name or face termination. Scherfan says he hasn't been able to prove a negative - I'm not a terrorist - to satisfy his superiors:"My entire career depends on me getting off this list. I probably won't be able to get a job anywhere else in the world having this mark that I'm on this list."
Actually, it's not just Scherfen who is on that list; a good guesstimate places a million other names on it. Scherfen's wife, Rubina Tareen, is also on the list and they guess that the reason they are both on it is that they are Muslims - she, a naturalized American citizen from Pakistan, and he, who converted in 1994. They've been in contact with the Transportation Security Administration (TSA) since May to try to get their names cleared. Essentially, they've been given a number and told to wait by the TSA as it tries to handle the thousands of cases they have in process. But, the time is drawing near for Scherfen's termination and the government won't confirm or deny to Colgan that there is a case in process.
The Department of Justice's Inspector General noted the substantial confusion and problems in resolving Terrorist Watch List cases. It recently took an act of Congress to clear Nobel Prize laureate Nelson Mandela. Thus, what's the chance the TSA was going to successfully process the Scherfens' request by September? Assisted by the ACLU, the Scherfens filed a law suit in federal court asking for a delay in termination pending the TSA review. The judge has the case under advisement and has asked for an extension to the termination action. Colgan Air says, okay they'll give Scherfen until October 1st. According to the ACLU's Witold Walczak it's unfair to Scherfen to hold him to an arbitrary time limit when the government is the one with all the cards:"The government should not be blacklisting innocent American citizens without giving them a chance to clear their names. Our government's overreaching approach to security is unfair, out of control, a waste of resources, and treats the rights of innocent Americans as an afterthought."
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