Sunday, January 13, 2013

No Fly/Gun LIsts & "Due Process"

The "no fly list" is corrupted with errors listing children, fictional characters and, if my memory serves me, at least one dog. I know that travel outside of the USA may not be a current right for citizens, but it appears that travel within this very large nation is. Because of that size, air travel should be a right to be limited only after minimum due process is had (For which please see below).

SCOTUS has declared that gun ownership is an individual right which cannot be taken away without due process. Even allegations of felony convictions, domestic violence convictions or judicial determinations of dangerous mental illness must be proved if contested.

You might consider how many errors have been found in the "no fly list". You might consider how many, for example, persons are named "John Johnson" in the USA a number of them with the same or very like dates-of-birth.

Before anyone is put OR retained on such lists they must be given:
1. Notice of the reasons for addition on such lists;
2. The statutory and evidential basis for the proposed actions (No "confidential witnesses" to be allowed to meet the "right to confront" standard);
3. A "due process hearing" before an impartial finder of facts and law AND at no great distance from the citizen's residence---Who must have the authority to prevent a person falsely put on such lists OR to remove a person improperly put on such lists.

No comments: