First no-fly list case in history, witness can't make it because...Submitted by ptpete25 on Thu, 12/05/2013 - 00:16
... She was just put on the no-fly list and prevented from boarding her flight to testify.
Malaysian PhD student, Rahinah Ibrahim, living with her 14 yr old daughter in Stanford, CA is to go to a conference in Malaysia that Stanford is holding. Recovering from surgery, she asks for a wheelchair to get to the gate at the San Francisco airport. When she gets to the ticket counter, she's told that she's on the no-fly list, and is handcuffed and detained for 2 hours, missing her flight. The FBI tells the airport to let her go, and she hears she is no longer on the no-fly list. She reschedules for the next day, shows up to the airport, but again they tell her she's on the no-fly list. But they let her board the flight anyway and she leaves for her school's conference.
After the conference, at the Malaysian airport, she tries to board her return flight to finish her PhD work at Stanford. She was told she couldn't board the flight, and DHS wanted authorities to arrest her. The Malaysian officials said "fuck the DHS" and didn't arrest her, but they didn't let her board either. She never returned to the US. Her daughter was born here and is a US citizen.
She submitted a request to clear her name from the list and was told they revoked her student visa too. Demolishing her professional goals. Stanford continued to work with her abroad, but she was severely limited in her professional abilities without the ability to travel to CA. This was in 2005.
Rahinah filed suit against the DHS with help from lawyers in CA, but the supposedly unbiased District Court said, "Fuck you!! You think you can sue the DHS?! You're a terrst!! [sic]. We don't care what you say, we won't do shit for you. DHS!! USA!! DHS!! USA!!" (Paraphrase). This was in 2006.
She appealed the dismissal with the help of pro-bono lawyers in the States. The appeals court ruled in 2008 that the district court had jurisdiction and remanded them to try the civil lawsuit.
Fast forward to today, and the District Court in SF is finally hearing the case. This marks the first case in history that a court is trying about the secretive no-fly list. This is a black eye on the reputation of the Judicial System that the unconstitutional no-fly list has been unchallenged for so long. Countless lives affected like Rahinah, many lives ruined.
Anyway, Rahinah can't show up to court because she can't get there, but her lawyers call as a witness her daughter to testify on her behalf. Her daughter, a natural-born US citizen, is now 22 and practices law in Malaysia. On the day of her testimony, she didn't show up to court.
Apparently, a subsidiary of the defendants (DHS), placed Rahinah's daughter on the no-fly list, preventing her from testifying in the trial. Oh the disgusting Irony. After nearly a decade of stress, hard work and government bullshit, all just to get off the no-fly list. She's rewarded with the whimsical press of a button in a secret room so that now her daughter is on the no-fly list too. If her daughter would like to challenge that, she's got a long road ahead.
When the judge asked DHS if this was true, they denied it and said the daughter was lying. Malaysian Airways backed up Rahinah's lawyers with a copy of the no-fly request from DHS, proving she was not allowed to board the flight because of DHS.
The trial is ongoing. And if everything goes just right, and the government doesn't cheat the trial, and the judge actually rules in Rahinah's favor, and the government doesn't appeal, or loses on appeal, the Best-Case scenario for Rahinah at this point is she gets her name taken off the list, and her daughter will possibly be able to challenge her own No-Fly listing in court.
Statists are responsible for this absolute travesty of human rights violations. This case is but one lottery winner who overcame extremely poor odds of getting these human rights violations heard in a courtroom. This is a violation of Rahinah's rights to freedom of speech by association, and her rights to due process. If you think she doesn't have those rights because she's not a US Citizen, well then you're an idiot! Since when did "human rights" become "American rights", you egotistical jerk. It's an exceptionalism farce. America is not exceptional or alone or even in the minority in recognizing human rights like due process, or freedom of speech or association, or trial by jury. The powers that be would like you to think this, so they can deprive us all of our rights in increments. It is impossible to take away the rights of a few, without taking away the rights of us all. If we think rights are just a US thing, for US citizens, then maybe it's not so bad without them, the rest of the world is without rights (FALSE).
Those that don't oppose the TSA or DHS, this is why some of us do. Some people are abused without possibility of repercussion, arbitration, mediation or justice. That is absolutely absurd as some sort of social order, it's disgusting.
Appeals court ruling:
Reporter for the case: