Former Marine hopeful after no-fly list ruling

Published on NewsOK Modified: June 25, 2014 at 6:59 pm •  Published: June 25, 2014

PORTLAND, Ore. (AP) — Abe Mashal couldn't get his boarding pass to print before a flight out of Chicago four years ago. The woman behind the airline counter gave him a strange look and then a cadre of federal agents surrounded him.

"It was the biggest shock you can even imagine," said Mashal, a Marine veteran from Naperville, Illinois.

The airline employee told him: "You're on the no-fly list. I can't say anything else."

For Mashal and a dozen others, the experience was the same: Without warning, they were told they couldn't get on a plane, and like Mashal, three others are military veterans. They sued in Portland, Oregon, claiming the U.S. government's no-fly list violated their constitutional right to due process.

On Tuesday, a federal judge agreed, saying the 13 plaintiffs, all Muslims, have been unconstitutionally deprived of their right to fly and lack a meaningful way to challenge their inclusion on a list that bars them from flying to or within the United States.

The 13 had a right to hear why they were placed on the list, U.S. District Court Judge Anna Brown ruled. If the information is not classified, Brown urged the U.S. Department of Homeland Security to release it.

If it is classified, the government should at least inform them of the "nature and extent" of the information, Brown said.

The no-fly list, a well-protected government secret, decides who is barred from flying at U.S. airports. The FBI has said the list requires secrecy to protect sensitive investigations and to avoid giving terrorists clues for avoiding detection.

It contains thousands of names and has been one of the government's most public counterterrorism tools since 9/11. It also has been one of the most condemned, with critics saying some innocent travelers have been mistaken for terrorism suspects.

Mashal said he can't imagine why he would be on the list. He, like the other plaintiffs, is Muslim and believes that played a role.