Legal

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."

Tags: edited by Port1080, written by MayorBob, employment, airline, Terrorist Watch List, law suit, Muslim (all tags)

This story: 12 comments (3 from subqueue)
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1

Re: Prove To Us That You're Not A Terrorist

skeptic.

Mon Aug 25, 2008 at 08:42:47 AM EST

5.00

The whole terrorist watch list is ridiculous.  It is fraught with inaccuracies, there seems to be no clear standard of who is either placed on the list or removed from it, there are lots of people who have trouble flying because they have the same name as someone else who is on the list, and the example of Erich Scherfen shows clearly that the list is doing more harm than good.  This is a bad way to deal with (actual or suspected) terrorists; if you have good reason to believe that someone is a terrorist, he or she should be arrested on charges of terrorism (or at the least, should be closely investigated to determine if an arrest is warranted), not just prevented from boarding a plane, and if you DON'T have good reason to believe that someone is a terrorist, then there is no reason to infringe upon that person's rights.

2

Sheik John Smith

T Slothrop.

Mon Aug 25, 2008 at 01:24:27 PM EST

5.00 (astute)

At least Scherfen is a Muslim, married to a foreign-born Muslim spouse. I'm not saying that excuses the utter stupidity of the TSA but at least it provides some (very weak) possible explanation as to how the original mistake may have been made.

But take pO157's example from the 'q, "James Robinson". WTF? I've never met a muslim with a name like that. Or Ted Kennedy, or any of a half-dozen other names that have supposedly shown up on this "list".

Makes me think that the TSA is getting militia names from the mid-1990s (or maybe even IRA names from the 1980s?), despite the fact those guys never even threatened to hijack or use commercial aircraft for any kind of nefarious purposes.

This is never going to get straightened out until the FBI is forced by Congress to detail just how they came up with this thing in the first place.

{Insert amusing quotation here}

3

Due process?

joshv.

Mon Aug 25, 2008 at 03:06:54 PM EST

5.00 (astute)

"No person shall be ... deprived of life, liberty, or property, without due process of law ...."

Fine, the government wants to make its petty little evil-doer blacklist.  Maybe check people on those lists extra carefully at airports - carry out investigations, hell, even order up an IRS audit or two.  Whatever, that's all well and good.

But they cross a line when they forbid travel, merely based on your name being on a list.  They definitely cross a line when the presence of your name on that same list robs you of your livelihood.

If these folks are guilty of a crime, please prove it and lock them up - otherwise let them live their lives just like any other American citizen.

4

^ 3

Re: Due process?

gerrymander.

Mon Aug 25, 2008 at 04:01:57 PM EST

2.00 (astute, funny)

when they forbid travel

They aren't forbidding travel. People on the TSA list are still free to walk, bike, drive, boat, train, bus, or rent a private jet to get to their destinations.

5

^ 4

Re: Due process?

port1080.

Mon Aug 25, 2008 at 04:59:40 PM EST

5.00 (astute)

They aren't forbidding travel. People on the TSA list are still free to walk, bike, drive, boat, train, bus, or rent a private jet to get to their destinations.

You make it sound so reasonable, but if your name was on that list I imagine you'd be screaming bloody murder.

6

^ 4

Re: Due process?

pO157.

Mon Aug 25, 2008 at 05:08:57 PM EST

5.00 (informative, astute)

The TSA is currently expanding its "security" services to cover trains and buses. They have begun random harassment of passengers in my city. Err, i'm sorry, I meant "Random searches for the safety of all comrades."

If this type of bullshit continues it is not hard to imagine a time when you will not be able to travel without the approval of the TSA.

8

Re: Prove To Us That You're Not A Terrorist

Steve Urkel.

Tue Aug 26, 2008 at 12:05:09 AM EST

5.00 (astute)

"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"

His background reminds me of this guy's:

"He was a decorated veteran of the United States Army, having served in the Gulf War, where he was awarded a Bronze Star. He had been a top scoring gunner with the 25mm cannon of the light-armored Bradley Fighting Vehicles used by the U.S. 1st Infantry Division to which he was assigned. He served at Fort Riley, Kansas, before Operation Desert Storm...  [He] was given an honorable discharge from the Army Reserve..."

7

Knobkniht!

Steve Urkel.

Tue Aug 26, 2008 at 12:00:13 AM EST

none

Are Obama's friends Bill Ayers, Bernardine Dorn and Micheal Klonsky on this list? If not, why?

9

weird story -- something fishy

wetkarma.

Tue Aug 26, 2008 at 07:33:18 AM EST

none

I'm hardly  fan of the TSA, and consider nearly all airport security measures since 9/11 to be security theater. Still the part I don't follow is why he is not allowed to fly.

Everyone else who has had experience with the TSA 'watch list' gets some secondary screening which requires them to prove that they are really MayorBob and not MayorBinBob. Once done, they get to go on their way (making their flight/take the next flight). However from the writeup it seems as if he's prevented from flying at all -- which is a whole other order of shennanigan than the typical b.s. the TSA gets up.

Could the man/his lawyers really be overstating his case, or is the TSA rules really preventing him from flying?

Memory is a strange bell, jubilee and knell.

10

^ 9

Re: weird story -- something fishy

port1080.

Tue Aug 26, 2008 at 10:03:09 AM EST

none

I don't think that the TSA is preventing him from flying - rather, his employer has determined that as long as his name is on the watch list, they don't want to employ him.  The article states "But he said he and his wife have been detained for hours on several occasions in airports and border crossings and have been told by airport ticket agents and security personnel that they're on a "terrorist watch list"", and also quotes a TSA rep as saying "If Scherfen and Tareen have received boarding passes, they aren't on the "no-fly list, [but might be on a] selectee list [which requires additional security measures in airports]".  - so apparently he has been allowed to fly as a passenger, but perhaps the added scrutiny required makes it difficult for him to perform as a pilot?  You can sort of see the airline's point - after all, it wouldn't really be acceptable to delay a commercial flight for two or three hours while the TSA performs a bumbling background check on the pilot.

11

^ 10

Re: weird story -- something fishy

gerrymander.

Tue Aug 26, 2008 at 12:59:28 PM EST

5.00 (astute)

It would also be embarrassing if the airline had to admit they knew the pilot who just flew his plane into a building was on a watch list. (Which is not to say Scherfen would, only that that's the corporate mindset.)

12

^ 11

Re: weird story -- something fishy

WMK.

Wed Aug 27, 2008 at 08:39:09 AM EST

5.00 (interesting)

Extending the 'corporate mindset' of this bullshit security theater gravy train for bureaucratic thugs with heads full of coprolite - this guy merely needs to kiss up to and gain the favor of some high placed patron of whomever is actually running the show and making the appointments to TSA 'executive' positions.  In corporate America everyone chases their tail citing procedures and regulations until an executive who draws a lot of water says - 'just fucking do it, now' and then as if by magic, everyone stops their CYA procedural circle jerks and email circus requesting clarifications and the need to schedule more meetings to discuss the minutiae of the blah, blah, blah... and shit gets done.

If this guy wants off the list he better find a way to sell some politician with his hand up the TSAs ass on the idea - otherwise he's fucked.  The new bureaucracies created by the Bush admin exist only as parking spots for loyalists needed in future GOP administrations - and to punish the political enemies of the cohort - with a fig leaf of 'accomplishments' like grabbing & jailing immigrants where they rot and sometimes die while waiting for some judge to deport them, screwing over property owners in Texas with their border fence plans, putting Nelson Mandela and this US veteran pilot on no fly lists because 'he's muslim' (and for some people that is all you need to know about him to believe any injustice against him is justified), long lines at airports where we take our shoes & belts off and then put them back on.  Domestic spying operations that so far have been notably used to hunt down the Texas state democrats - which demonstrated what exactly?  That their spying capability works really well as a political weapon?

My sincere hope is that future administrations will wipe away these corrupt and horribly flawed Bush era bureaucratic monstrosities and seek to rehabilitate/restore the institutions that preexisted 'homeland security', 'TSA', and whatever other bullshit nest of conservative neo-con crazy cronyism has an acronym and a secret charter/mandate to subvert the law enforcement and judicial mechanisms of this country - all without oversight.  All of the security and law enforcement concerns of the pre-Bush & pre-911 era had been developed carefully and had experienced occasional expansions/abuses of power which led to proper oversight and 'correction' of the worst excesses via our political process.  Injustices and mistakes inevitably occurred in the history of every agency but at least these institutions had the legitimacy provided by oversight and procedural/regulatory practices that reflected this oversight - Bush's creations are secretive byzantine monstrosities born free from oversight and thus have no real mechanism to restrain them from malfunctioning and becoming the enforcement infrastructure for an unjust and oppressive regime.

"...when theft and high crime becomes obscenely obvious to even the blindest beer sucking idiot, it is always the Republicans who are in office." -- Joe Bageant

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