Judge rebuffs feds’ secret arguments on no-fly list | POLITICO.com

U.S. District Court Judge William Alsup turned down a motion by the Justice Department to dismiss former Stanford student Rahinah Ibrahim’s lawsuit against various federal government agencies over her reported inclusion on the no-fly list as well as an incident in September 2005 where she was barred from taking a flight from San Francisco and detained for a couple of hours.  Alsup, who sits in San Francisco, also refused the Justice Department’s offer to show him affidavits from law enforcement officials which the government would not share with Ibrahim or her attorneys…

“Here the government seeks to affirmatively use allegedly privileged information to dispose of the case entirely without ever revealing to the other side what its secret evidence might be … Only in the rarest of circumstances should a district judge, in his or her discretion, receive ex parte argument and evidence in secret from only one side aimed at winning or ending a case over the objection of the other side. Here, the government has not justified its sweeping proposal.  It has gone so far as even to redact from its table of authorities some of the reported caselaw on which it relies! This is too hard to swallow…” Alsup wrote.

via Judge rebuffs feds’ secret arguments on no-fly list – POLITICO.com.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s