Judge rules FBI terror watchlist violates Constitution
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Judge rules FBI terror watchlist violates Constitution


DAVID: A FEDERAL JUDGE RULING THE FBI’S TERROR WATCH LIST VIOLATES THE CONSTITUTION. THIS LIST ALLOWS THE GOVERNMENT TO IDENTIFY TERRORISTS TRYING TO GET ON PLANES OR ENTER THE U.S. NOW, IT INCLUDES OVER A MILLION PEOPLE, INCLUDING 4600 AMERICANS. HERE NOW FOX NEWS SENIOR JUDICIAL ANALYST JUDGE ANDREW NAPOLITANO. JUDGE, DOES THE TERROR WATCH LIST VIOLATE THE CONSTITUTION?>>WELL, I THINK THAT THIS FEDERAL JUDGE IN ALEXANDRIA, VIRGINIA, MADE THE RIGHT DECISION ON THE BASIS OF THE LAW AS WE UNDERSTAND IT. SO THE FBI — DAVID: NOT EXACTLY AN ANSWER TO MY QUESTION, BUT GO AHEAD.>>WELL, I AGREE WITH HIM, AND I WOULD HAVE DONE THE SAME THING. DAVID: SO IT DOES VIOLATE THE CONSTITUTION?>>YES, YES, OBVIOUSLY NOT EVERYBODY AGREES WITH THAT STATEMENT AND HIS DECISION WILL BE APPEALED. BUT HIS DECISION IS BASED ON THE FOLLOWING: THE FBI USES SUBJECTIVE STANDARDS, UNPROVEN ALLEGATIONS, RUMOR, INNUENDO AND TO SOME EXTENT ETHNIC BACKGROUND IN ORDER TO PUT PEOPLE ON THIS LIST. SO 26 AMERICANS, AMERICAN CITIZENS CHALLENGED THIS. SOME OF THEM AS A RESULT OF BEING ON THIS LIST COULDN’T FLY, COULDN’T GET ON A TRAIN, COULDN’T CROSS AN INTERSTATE BORDER. THEY WERE STOPPED TRYING TO PAY TOLLS AT THE GEORGE WASHINGTON BRIDGE, COULDN’T ENTER SCHOOLS AND COULDN’T ENTER HOSPITALS BECAUSE OF WHAT CAME OUT OF THIS CASE IS THE FACT THAT THE FBI SHARES THIS LIST WITH LOCAL AND STATE GOVERNMENTS. SO WHEN THE FBI TRIED TO DEMONSTRATE THE MANNER WHICH IT PUTS PEOPLE ON HERE, IT WAS SO SUBJECTIVE, THE JUDGE THREW IT OUT. THE RIGHT TO TRAVEL IS A FUNDAMENTAL LIBERTY. THE SUPREME COURT HAS SAID THAT SINCE 1969. A FUNDAMENTAL LIBERTY IS IN THE SAME CATEGORY AS SPEECH AND THOUGHT AND RELIGION AND PRIVACY. THAT CAN’T BE INTERFERED WITH BY A SECRET LIST. IT CAN ONLY BE INTERFERED WITH BY DUE PROCESS. YOU WANT TO PUT SOMEBODY ON THERE? YOU HAVE TO HOLD A TRIAL AND THEY HAVE A RIGHT TO CHALLENGE IT. SENATOR EDWARD KENNEDY WAS PUT ON THE LIST 15 YEARS AFTER HE MADE SOME STATEMENTS IN FAVOR OF THE IRA AND THEIR THEN VIOLENT ACTIVITIES IN NORTHERN IRELAND. IT TOOK HIM MONTHS TO GET OFF THAT LIST.>>JUDGE, GARY KALTBAUM HERE.>>GARY.>>HOW ARE YOU SIR? I WAS LOOKING AT THE NUMBERS, DOESN’T IT HURT THE CASE THE LAST FIVE YEARS THE AMOUNT OF PEOPLE ON THE LIST HAS GONE FROM 600,000 AND CHANGE UP TO 1.2 MILLION AND I GUESS PEOPLE ARGUING CAN SAY LOOK WHAT YOU’RE DOING HERE? YOU’RE JUST THROWING EVERYBODY ON TO THIS LIST?>>IT HURTS THE GOVERNMENT’S CASE, YES.>>YES.>>BECAUSE THE GOVERNMENT — AND ONE OF THE THINGS THAT SO ANIMATED THIS FEDERAL JUDGE IS THAT NO FBI AGENT WHO TESTIFIED IN THE CASE GAVE THE SAME STORY OR THE SAME UNDERSTANDING AS TO HOW THEY PUT PEOPLE ON THE LIST. THEY JUST PUT THEM ON THE LIST, AND IF THERE WAS ANY DOUBT, THE DOUBT SHOULD BE IN FAVOR OF FREEDOM, NOT IN FAVOR OF BEING PUT ON THE LIST. THEY PUT THEM ON THE LIST IF THERE WAS ANY DOUBT.>>WASN’T IT AN ISSUE TOO THAT THEY DIDN’T TELL THEM WHY THEY WERE ON THE LIST TO BEGIN WITH?>>NOT ONLY DID THEY NOT TELL THEM WHY, THEY DIDN’T TELL THEM THEY WERE ON, SO YOU ARE CROSSING THE GEORGE WASHINGTON BRIDGE FROM NEW JERSEY TO NEW YORK, THE WAY YOU GO WHEN YOU PAY A TOLL AND A TOLL TAKER SAYS I’M NOT GOING TO TAKE YOUR MONEY. THE EASY PASS DOESN’T WORK. THEY DON’T LET YOU GO FORWARD. THEY DON’T KNOW WHY. NOBODY TELLS YOU WHY UNTIL A YEAR LATER THE LAWYER FILES A LAWSUIT AND IN THE LAWSUIT SHE FINDS OUT WHY.>>WHAT’S THE RECOMMENDATION GOING FORWARD?>>THE GOVERNMENT WOULD HAVE TO HAVE A TRIAL, A JURY TRIAL, IN ORDER TO PUT SOMEBODY ON THAT LIST.>>IN THE CASE OF A NATIONAL EMERGENCY, WHICH WAS SORT OF HOW 9/11 WAS APPROACHED OR VIEWED, I THINK, BY THE GOVERNMENT, WOULDN’T THERE BE CERTAIN POWERS GIVEN TO THE GOVERNMENT OR THE FBI THAT MIGHT ALLOW SOMETHING LIKE THIS, AT LEAST TEMPORARILY?>>NO, BECAUSE THE SUPREME COURT HAS BEEN VERY CLEAR. THERE’S NO SUCH THING AS EMERGENCY POWER UNDER THE CONSTITUTION, EVEN THOUGH THERE ARE HALF DOZEN STATUTES THAT GIVE THE PRESIDENT OF THE UNITED STATES NEAR DICTATORIAL POWERS IN THE CASE OF AN EMERGENCY THAT HE DECLARES. THERE’S NO AUTHORITY FOR THAT IN THE CONSTITUTION>>SO PRESIDENT TRUMP COULD NOT DECLARE A NATIONAL EMERGENCY AND SAY AS PART OF THE REMEDY OF THIS NATIONAL EMERGENCY, TO ADDRESS IT, WE NEED THIS WATCH LIST.>>HE PROBABLY COULD DO IT, AND BY THE TIME IT WAS INVALIDATED BY THE COURTS, THE EMERGENCY WOULD HAVE PASSED. DAVID: JUDGE I’M GETTING A WRAP. I HAVE TO THROW IN ONE MORE. THE COUNCIL ON AMERICAN ISLAMIC RELATIONS WAS A PART OF THE CHALLENGE TO THIS LAW OR THIS POSITION OF THE MILLION PEOPLE ON THE WATCH LIST. THIS IS A GROUP THAT WAS A CO-CONSPIRATOR — UNINDICTED CO-CONSPIRATOR OF A TERRORIST CASE. THEY’RE A GROUP THAT STILL DOES NOT RECOGNIZE HAMAS AS A TERRORIST ORGANIZATION. IT GIVES ME A QUALM THAT THEY WERE A PART OF THE GROUP CHALLENGING THE GOVERNMENT’S POSITION ON THIS.>>WELL, THE PEOPLE ACTUALLY DOING THE CHALLENGING ARE AMERICAN CITIZENS AND THE ACLU. DAVID: AMERICAN CITIZENS CAN MAKE MISTAKES TOO.>>RIGHT, BUT AMERICAN CITIZENS HAVE RIGHTS THAT CAN’T BE TAKEN

100 Comments

  • Eugen

    For rightists who don't understand the Constitution:

    The Constitution is the supreme law of the land, applying to all people, citizens and non-citizens. It (the Amendments referred to as the Bill of Rights) guarantees rights (such as speech, religion, keep and bear arms, free from search or seizure, etc.) to the people that live in the land (which the Constitution governs). People are citizens or non-citizens. James Madison used people and person in the Amendments, and in the Constitution, he used person and citizen. There is a clear distinction between the two. Furthermore, citizens have extra rights, mainly voting rights and running for legislative branch. Lastly, natural-born citizens have one extra right, that being the ability to run for presidency.

    I hope you now understand.

  • Greg Smith

    if folks are not American citizens. They are not afforded the same "rights" As American citizens. If they are not. Then it goes to international law. However, that being said. If they cross here illegally, they have no protections from their home country either and should be prosecuted as such.

  • Don Rollins

    Of course I see no right to travel in the Constitution so it must be a "created" right. I do not want to pay for 1m trials to ensure that terrorists are terrorists.

  • Thomas Maloney

    These liberal leftist's, career criminal politicians of all parties are pushing all hardworking taxpaying American citizens to take up arms & take this great nation of the USA government to we the people. This makes citizens more vulnerable to terrorist attack & more dangerous for everyday activities such as Work , School , Church & all family activity as we know we must do. These lawyer's makin' $$$ while putting all hardworking taxpaying American citizens in dangerous parel. As Julius Caesar stated centuries ago too many lawyers!!!! The USA will crumble from within. Sad
    TRUMP TRAIN 2020.

  • Expose the Democrats

    "American Citizens can make mistakes???" Sounds like a true treasonous Leftist. But I would expect nothing less from the Satanic Coven of Disney who now owns Faux.

  • American Patriot

    Terrorists that are terrorists should be on a list. It's called being proactive.
    It's gone up because of our open borders.🤦🏻‍♀️

  • John Grist

    99% of what the government does violates the Constitution. They went Way past their enumerated powers long ago. We need to take that power away from the federal government and put it back in the States hands so people can vote with their feet again. You cannot vote with your feet when the entire country is under constitutional assault.

  • Bobbi C

    Every department of our government is responsible for protecting the American people! Change the law! Don’t say it’s unconstitutional. This is ridiculous! Take away our guns and then let terrorist run free! This is not protection WE THE PEOPLE!!!!!

  • longshank drills

    Well , then CLEARLY , "Red Flagging" people trying to purchase a firearm (when they're NOT a "convicted felon") is UNCONSTITUTIONAL !!! RIGHT !!! Since we are referring to *Constitutionality …. SHALL NOT BE INFRINGED UPON !!! RIGHT !!! 🇺🇸🔫⚖️🇺🇸🔫⚖️🇺🇸🔫⚖️🇺🇸🔫👊🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸💪 KEEP AMERICA GREAT !!! 👊💗🇺🇸

  • Tom B

    HOW IS IT THAT BARRY THE LYING SELF-SERVING SELF-ENRICHING LYING THIEVING DEMOCRATIC PINK-O UNAMERICAN PIG FRAUD SCUMBAG OBAMA AND HIS COLLEAGUES — CO-CONSPIRATORS ARE NOT HANGING FROM THE GALLOWS FOR HIGH CRIMES TREASON COMMITTED AGAINST THIS PRESIDENT DONALD J.TRUMP AND WORSE AGAINST AMERICA PERIOD.

  • jacks ridge787

    Of course judge nap thinks the judge made the right decision because he's a never Trumper
    And a treasonous SOB
    Just like everything else this will go to the Supreme Court and we will get a favorable ruling.
    I dont watch scumbags like Nap
    Watch OAN!.

  • Valerie SCHUESSLER

    What is sad is we have alot of terrorist in our country now since 9-11 and we have let so many foreigners in America we need something and someway to protect our country we cannot protect these terrorist in our country

  • T O

    After 9/11, Americans were willing to give up so many privacy rights to our government and this abuse was very predictable. If you give up your rights to authority, you will never get it back. The program continues to expand specially when a guy like Comey is running the program, it is a big disaster and dangerous. He thinks he knows better.

  • chris goebel

    I would rather people have to fight to get off the list rather than being lazy and letting a terrorist through that should have been on the list

  • SgtBeetaBitch Slappahotoo

    Constitutional Rights pertain to American Citizens and the fed judges findings and ruling makes ABSOLUTE SENSE AND THIS IS GOOD FOR U.S CITIZENS

  • WulfOne

    Now he says we have the right to travel and the SCOTUS said that back in 1969. Stopping people from being able to travel interferes with the whole life, liberty and the pursuit of happiness. But I guess it's ok if you are stopped from being able to travel cause you don't have a license. The idea of needing a license to drive is unconstitutional. Having a drivers license doesn't make anyone safer and doesn't make the person a better driver.

  • Clarke Foco

    In other words you can't use your brain and all your years of experience with other people. The other words common sense just doesn't count.

  • Patrick Killilea

    I think Terrorists, need to be on a list and watched closely. And if you're on the list of terrorists…. you should know why it is, that "We The People", think you are a terrorist. Not a secret list. How about a public list of terrorists? I would like to know who is a terrorist.

  • Simply Love

    Can't have a terror watch list, huumm. All of them are not innocent and are terrorists, and those are the ones who should be on the list.

  • Paul Harvey

    Okay, I agree we should keep an eye on known and suspected terrorists. And I agree that Ted Kennedy should've been on that list but for an entirely different reason. He wrote a letter to Yuri Andropov, then Premier of the Soviet Union asking for advice on how to deal with Ronald Reagan. The man who eventually brought down the USSR. It was a treasonous act.
    Having said that, the question is, do you trust the modern FBI? These are the people responsible for Ruby Ridge, for Waco, for the Trump witch hunt. These are the lackies who did Barrack Osama's bidding, spying and harrasing innocent American citizens. These are the things we know about. There is so much more. Can we trust our own government agencies anymore? I mean, seriously, why are the Clintons still walking around free?
    Yes, we have to watch suspected terrorists. But there must be due process before any real action is taken, including any restrictions. And it must be applied to everyone, no matter how important some people think they are.

  • Matthew Ortiz

    Are theses judges American's???? Then why did we serve this country???
    I did 2 tours for what Assh..le..we close the doors judges open it..
    1st Rangers.

  • Strong Minded Individual

    All TARGETED INDIVIDUALS are put on this list and when you're on it, you are put in an illegal harassment program and violates every human right we have. Organized gangstalking.

  • Ian Rivlin

    Much better that a few hundred people get blown to bits, rather than a few overly sensitive SJWs have their feelings hurt, right?

  • Jeremy Dankiw

    There are 6 month old babies on that list. Fact, there are elderly people who never have had as much as a parking ticket on that list. It’s insane

  • Dennis Fournier

    "American citizens have rights that can't be taken away in secret".
    "Yeah, yeah, right".
    Guess he just doesn't like that fact.

  • Charles's Outdoor

    Sometimes things need to just get done without all the strings attached. Evidently what their doing is working to stop terror attacks and were all happy about that. Now what they need is another watch list for domestic terror to try and head off some of these shooting by mentally deranged people. This only works if the public doesn't know it happening.

  • kim wiser

    I have heard that people who are wrongly put on this list have a very hard time getting off the list. I’m glad the judge followed the law. This is the checks and balances we need. After the FISA court abuse I feel like the we need to reign in the power of the government. If they want to have a list like this then they need to give people a way to prove that they shouldn’t be on the list.

  • Concerned Citizen

    American citizens have a fundamental Right to Commerce. That is our Constitutional Right to travel, many forms of commerce involve personal travel, with only our roads, rivers, trains and airplanes able to get us where we need to be in an equal and price competitive cost as any other American can. Or yet another slow rolling Kristallnachting will happen in the actual World, now that you lazy, ignorant fellow Americans have allowed this behavior on line. “ First they came for Pewdie-pie…and nobody spoke up…”. You gotta fight for your right..to party.

  • Martin Todd

    James Madison said, "If tyranny and oppression comes to this land it will come under the guises of fighting a foreign enemy." (Think about it )

  • Dave Richard

    So subjective? Oh, you mean like the unconstitutional "red flag laws". Not going to see a judge rule them unconstitutional! This country is done. Stick a fork in it!

  • Dave Richard

    Who really cares what Yappy Nappy says? What a waste of money Fox Business! I'd ALMOST rather listen to Juan Williams. At least we know that he is a bleeding heart liberal that spews total BS!

  • Bonnie Bon

    This is good. It cannot be used against citizens. Now, get rid of the goddam TSA !!! The bad: The agencies are still corrupt. They're the ones that are supposed to "watch" for terrorists. It's up to them to stave terrorists attacks. If they are rogue, will they just up and say, "Ah. We didn't see that."

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