Qualified Immunity May Shield FBI Agents Who Abused the No-Fly List

Posted on by Lone Candle

“”Following the Sept. 11, 2001, terrorist attacks, FBI agents unsuccessfully attempted to pressure a group of innocent Muslims, including Muhammad Tanvir, to become informants for the Bureau,” notes the Institute for Justice (I.J.), which filed an amicus brief in Tanvir v. Tanzin. “Tanvir and the others—who were all either American citizens or lawful permanent residents—declined to become informants, because doing so goes against their sincerely held religious beliefs. FBI agents then harassed the group and placed them all on the No-Fly List.”
The Center for Constitutional Rights acts as co-counsels for the plaintiffs alongside the CUNY School of Law’s CLEAR Clinic. They sued under the Religious Freedom Restoration Act (RFRA) on the grounds that the plaintiffs’ Muslim faith forbids them to inform on coreligionists. The defendants—FBI agents who put Tanvir and the other plaintiffs on the no-fly list—protested that the RFRA doesn’t provide for monetary damages against government officials who violate rights, but the U.S. Supreme Court ruled otherwise in an important 2020 decision written by Justice Clarence Thomas.”

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“In 2021, The Intercept’s Murtaza Hussain wrote about Aswad Khan’s mistreatment by the FBI when he refused to be an informant. That same year, Ahmad Chebli, a U.S. citizen, described a similar ordeal.

“Agents threatened my family and me,” he wrote. “They said that if I didn’t agree to become an informant, my family would be investigated, my wife and I could be arrested, my children could be taken away, and my wife’s immigration status could be at risk.”

Chebli was finally removed from the No Fly list after the ACLU sued on his behalf.

Watchlists aren’t supposed to be used this way. In 2014, a federal district judge declared the byzantine process for people to challenge their inclusion on the no-fly list unconstitutional and ordered better guarantees of due process. But as Chebli’s case demonstrates, it’s easy for the government to put people on the lists and then pull them off years later only after they’ve gone through the hassle and expense of filing a federal lawsuit—if they ever do. With no further consequences, that leaves administrative tools like the No Fly List available for ongoing abuse.”

Biden Escalates Trade War With China

Posted on by Lone Candle

“Biden declared a new national emergency and immediately used it as the justification for creating a new screening system that will limit Americans’ ability to invest overseas.
The new rules, which have been in development since last year, will prohibit private equity and venture capital firms from investing in China-based businesses working in a variety of high-tech fields”

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“Narrow or not, this is the first time that the U.S. government has targeted outgoing investments in such a manner.”

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“There are only two other countries—South Korea and Taiwan—that have outbound investment screening systems”

The U.S. Credit Rating Just Dropped. It’s Time for Radical Budget Reform.

Posted on by Lone Candle

“Fitch Ratings..downgraded the U.S. government’s credit rating due in part to Congress’ erosion in governance. Indeed, year after year, we see the same political theater unfold: last-minute deals, deficits, and, all too often, the passage of gigantic omnibus spending bills without proper scrutiny, along with repeated debt ceiling fights and threats of shutdown.
But these are just symptoms of a budget-making process that remains in desperate need of reform. With legislators chronically delinquent about following their own rules, the change may need to be as much cultural as procedural. No matter how good the rules are, they’re useless if politicians ignore them. And in a world where politicians are rarely told no when it comes to creating or expanding programs, most simply refuse to have their hands tied or behave as responsible stewards of your dollars.”

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“What we need is a comprehensive budget process under which programs like Social Security, Medicare, and Medicaid are no longer permitted to grow without meaningful oversight. Combined with other mandatory, more-or-less automatic spending items, they make up more than 70 percent of the budget. Thus, they must be included in the regular budget process and subjected to regular review. Only then will our elected representatives be forced to stop ignoring the side of the budget that requires their attention the most.”

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“Enter a “Base Closure and Realignment Commission (BRAC)”-style fiscal commission, an idea promoted by the Cato Institute’s Romina Boccia. This commission would be staffed with independent experts appointed by the president. It would be “tasked with a clear and attainable objective, such as stabilizing the growth in the debt at no more than the GDP of the country, and empowered with fast-track authority, such that its recommendations become self-executing upon presidential approval, without Congress having to affirmatively vote on their enactment,” Boccia explains.

I’m uneasy about delegating the president power to appoint “experts.” Unfortunately, Congress has proven they will never seriously address the problem unless forced to. The idea is not unprecedented. Congress has already delegated a lot of its legislative power to administrative agencies and the executive branch. It’s also how the political class dealt with the closures of military facilities after the Cold War—another set of hard choices they refused to make on their own.

What’s more, Congress would retain some veto power. If they disapprove of the proposal, the House and Senate can reject it through a joint resolution within a specified period. Whether it’s the best solution to address our fiscal problems remains to be seen, but it’s worth considering.”

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“Making continuing appropriations automatic in case of a lapse could remove the threat of shutdowns.”

Florida’s drive to scrutinize what kids read is costing tens of thousands of dollars

Posted on by Lone Candle

“Florida school districts are spending tens of thousands of dollars to comply with a new state law that’s increased scrutiny — and removal — of books in K-12 school libraries.
The new law requires all campuses to digitally chronicle each book shelved and available for students in classroom libraries. Yet many schools, tight on staff with thousands of books to inventory, are outsourcing the arduous work of making all books searchable on local websites to a third-party company. Those services are costing districts between $34,000 to $135,000 annually, according to contracts reviewed by POLITICO.”

‘Jack Smith Has Made Sure That the System of Laws Still Holds’

Posted on by Lone Candle

“this indictment is on more serious charges — an attack on American democracy. Trump’s effort to overturn the 2020 election amounted to a conspiracy to defraud the United States and led directly to the deadly riot at the U.S. Capitol, according to

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Trump’s Georgia Indictment Raises Familiar Questions of Knowledge and Intent

Posted on by Lone Candle

“the proof beyond a reasonable doubt required for a criminal conviction. Eastman (who is one of Trump’s co-defendants) said Trump had been “made aware” that the claims about ballots cast by dead people, felons, and unregistered voters were “inaccurate.” But even if someone told him the numbers were wrong, and even if Trump was paying attention, it would have been perfectly in character for him to continue believing them.
The federal indictment is filled with examples of information that Trump ignored or rejected because it conflicted with his stolen-election narrative. That stubborn resistance can be interpreted either as evidence of his dishonesty or as evidence of his longstanding tendency to embrace self-flattering delusions and never let them go.”

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“At a certain point, as George Mason law professor Ilya Somin suggests, willful blindness to reality is hard to distinguish from deliberate deceit, and this example vividly illustrates that point. But in assessing Trump’s state of mind when he made unsubstantiated claims like these, a jury will have to decide whether there is reasonable doubt as to whether he knew they were false.”