they just want the power to label someone a terrorist and blacklist them without explaing what they did or proving that they did anything and that gives them power with zero accountability or even definition of what they consider a crime or terrorism. its absurd. its just them asking to be able to criminalize anyone they want without having to justify it at all or even tell the court what the crime even was in the first place. this is power with zero accountability or clarity. you cant charge someone for breaking laws when you refuse to say what the laws are or are not in the first place. this is insanity
And also, it's not laws being broken in most of these cases. It's for being a conservative or being a Trump supporter or saying MAGA or owning a gun or not liking an alphabet person etc. They are LITERALLY jailing Trump supporters and there is NO RECOURSE. What are ya gonna do? The law and justice system can't help you. They hate you
Arguing over legal technicalities of mootness is what is moot. The state is removing a fundamental right, in this case the right to travel by shitting all over the 6th amendment. If the executive branch can act unconstitutionally by saying the magic words "national security" then admit the executive branch is not subject to the rule of law.
The whole misnomer "Patriot Act" must be thrown out as it violates Constitutional Rights in the name of safety, which allows a lot of Governmental abuse of Power!!!
They are named that bill in true 1984 fashion. Quite Orwellian. It would have been much more patriotic to preserve liberty and not abridge the bill of rights and due process and facing one's accuser.
4:50 when you call families terrorists just for wanting their kids safe in school. Then your argument is that if the government doesn't like someone for even political reasons, they could put on a no-fly list arbitrarily, then the FBI could revoke your first and second amendments. This is dangerous for the right on an individual.
I've known a couple of people who have ended up on the no fly list because their name matches, and getting off it is problematic to say the least. My son ( 8 year old at the time with downs ) was put on the no fly list. Had no clue until we showed up at the airport for a flight.
Theis is why it is unconstitutional as there is no due process. The 5th and 14th mentions due process so that government at both levels shall not "deprive any person of life, liberty, or property, without due process of law" (14th Amendment). The 6th Amendment spells out how the accused have the right to know the "nature and and cause of the accusation". This hearing didn't broach the Constitutionally of the process of the no fly list. Yet, the counsel on both sides, and, shockingly, the court as well have conceited that the plaintiff was not afforded the cause or nature of the accusation and none believe that he should.
Let's hope the judges will not surrender individual Constitutional civil rights for the sake of government convenience and phantom safety feeling ! But atlas going by their track record they always do .
But the totality of the circumstances point to the fact that if secret govt sees a loophole they will jump through it and if they don't see the loophole they'll make one and if they get caught ignoring the laws they will investigate themselves and find no wrong doing.
To be fair, that is the states argument.. just reversed.. If they tell everyone why they are on the no-fly list, then terrorists will know how to avoid detection..
"There are very few U.S. people on the no-fly list that satisfy that criteria." Why hasn't any justice asked why there are people on the no-fly list who don't satisfy the criteria? I thought only people who satisfy the criteria were on the no-fly list. Listen from 16:10 onward.
There is no real public knowledge of how many are on the no fly list, what reasons they may be there etc. I know for a fact that a special needs 8 year old was on the list
Whole lotta what ifs and imagine thats.. all you have to do is read and comprehend the English language to fallow the guide lines of the Constitution. Thats not what is going on. Nuance in the supreme court is wrong.
This is considered a “hot bench”. The Court is really engaged and we often don’t see that at the appellate level and not many state courts . It’s great to hear . This is a difficult argument for counsel but he is doing a good job with a questioning court . He’s weaving facts with some law . Facts are his strongest argument here . As a retired trial Atty, It’s my opinion, it’s much harder to argue this than one would think . Especially , when your under fire by questions and the Court has to weigh the public threat against mootness. This should be in high school civics class . 🇺🇸
This is huge for everyone. If they were so scared he’s a terrorist don’t put him on a no fly list just put agents on any plane he flys on. The people they put on lists are part of the public. If they mess up and violate a citizen they should be held accountable.
Its also the usual government argument that we quit doing whatever it is to an individual to remove standing so the case wont be heard and business goes on as usual
No one seems to know what a terrorist is It seems to be used by the FBI against peeple it does not like including parents who complain at schoo board meetings or people with conservative political views. I believe some people should be on a no fly list for various reasons. Yet I believe anyone who is on a no fly list should have the right to contest it in court and be given full due process and full disclosure of why they were put on the list.
YES! (As many of you have pointed out!) It’s time FBI, CIA DOJ, etc go back to obeying rules of the constitution protecting America’s rights & freedoms!!!!
The standing is alive because the individual was put on the NO FLY LIST in the first place..damage has already has happened.. So it is live and NOT MUTE!
The Sixth Amendment's confrontation clause states, "[I]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." The right to confront one's accuser or an adversarial witness existed long before the states ratified the Constitution.
I think if an individual is historically wronged, there isn't a case for government muteness. Government should be held accountable! Infurment of combination of what the Government precieved as a whole. But was there actions that the individual had broke the law and why but on/off list. Just because you think or declare opinions on issues on public media mediums, which is a First Amendment Right to express opinions, as long as those opionins do not threaten or declair illegal actions. Just association with a group doesn't prove any actions. Many of this mirrors what the Government did to Japanese Americans and Japanese citizens living in the United States legally during WWII. They were wrong then, and are acting wrong now!
Maybe National Security assessment does needs to be assessed under more scrutinity under judicial review when it comes to applying to individuals to ensure Constitutional Rights are protected.
SCOTUS should strictly forbid ANY interpretation of the US Constitution where a "savings clause" preserves rights not specified in the document. We, the people, pray that SCOTUS will stick to the rules of law. It means declaring what the law is and NOT what they or anyone else should interpret as it should be ridiculously. It is truly the root of America's Problems.
@@ketanjibrownsfavemolester7592 No one needs to be an expert on anything! Just a shred of common sense. And yes make sure they follow what the constitution reads. Now get back to work Ukraine needs your money. Go oonnnn
Sounds like double jepordy putting someone on a list twice unknown to that individual is doing wrong! Where is that individuals judicial process so that act can be challenged in a court of law? Government wants to be punitive in nature. So punitive should also what they should have to face for their corrept actions against U.S. CITIZENS!
What the Lawyer is saying is totally idiotic. A totality of the conduct makes us suspicious and we all know that suspicion is a crime in unto itself (NOT).
this guy got rolled up and smoked by each of the justices. i honestly hope those IN the fbi are more competent than their lawyer. either that, or the fbi gave him a completely un-winable case
It was an impossible case, because the premise is patently, witheout due process, extra judicial, and unconstitutional. Today it’s this guy tomorrow it’s whoever they say. Scary stuff.
Totality of information interpretation can be wrong! If the Government individuals or agencies that get it wrong, should face repercussions for getting it wrong! When wronged the first time, government should be made to prove beyond a reasonable doubt that the facts of totality needs to be beyond the initial determination to be put on a list. Make it harder for the Government to put an individual back on a list after having been taken off. Stop the on/off list at a whim by the Government or agents or agencies!
Bullshit.. Time doesn't make a difference if the individual if they never knew, don't know now, nor in the future to be put on a list without knowledge. How can you correct action if you don't know if you are doing wrong. This is a argument is mute due to the individual is clueless that any wrong doing has happened.
Yes we can ho'd the Government has wrong deceleration one, should be held accountable for wrong deceleration two. Constitutional Rights are never mute! Before any delceleration, before, during, after. Always. Government CAN'T violate your rights without Due justice through a court of law and judged by a jury of your peers. Simple! If judicial due process isn't afforded an individual, then it is illegal to put anyone on any list for any reason.
Listen more closely. He is not pronouncing the AW sound. The syllables LAW and LAH are different but subtle. Just repeat the words LAW LAW LAW and LAH LAH LAH out loud to yourself. They are different. If they sound the same to you then you're not pronouncing it right and are interpreting the words you hear more by context than it's sound. The AW sound is closer to AWE, and the AH sound is closer to the O in SOCK. The shape and positioning of the of the mouth and tongue is different for the two sounds. That being said, I do realize that the proper pronunciation of Allah is not the same as AH LAH. The first syllable's sound is more like EL (there isn't a good English example I can think of) and the it's a longer L sound between the syllables which makes "ALLAH" sound very different from both "A LAW" and "A LAH" to those familiar with the word. I'm not considering context at all. Just pronunciation. He could have intended to say A LAW, but it doesn't sound like it. It also doesn't sound like the proper way to pronounce Allah. I don't know wither this attorney is actually familiar with the correct way to say Allah and it's not reasonable to assume he does since most Americans don't know how to pronounce it and will pronounce it like it is written, like "A-LAH", and hence the problem. I also made no claim of the reason for the error in his pronunciation which could be due to a regional accent or could be complete ignorance. Thus, your claim of prejudice is uncalled for.
The patriots act needs to be thrown out and no fly is not constitutional at all and also defaming people by means of making public them being no fly this is absolutely in every way unconstitutional and is impeding travel and the freedom of religion and freedom of speech are being violated as well.
@@ms.awesome18 Not speaking for helen, but for me its skin crawling with anyone who still walks the streets when being *accused* of sexual harassment, sexual abuse or rape. Thomas, Kavenaugh, Gaetz, Jordan, 🦨TRUMP and many more.... not racist, just disgusting.
Everything about the no fly list violates the Constitution in multiple ways, starting with deprivation of rights without due process.
they just want the power to label someone a terrorist and blacklist them without explaing what they did or proving that they did anything and that gives them power with zero accountability or even definition of what they consider a crime or terrorism. its absurd. its just them asking to be able to criminalize anyone they want without having to justify it at all or even tell the court what the crime even was in the first place. this is power with zero accountability or clarity. you cant charge someone for breaking laws when you refuse to say what the laws are or are not in the first place. this is insanity
USSA comrade.
welcome to Biden's America.All Jan 6th people are screwed.
Absurd is the WORD
Apparently, law enforcement does not need to tell you which laws they enforce. #MagnaCarta
And also, it's not laws being broken in most of these cases. It's for being a conservative or being a Trump supporter or saying MAGA or owning a gun or not liking an alphabet person etc. They are LITERALLY jailing Trump supporters and there is NO RECOURSE. What are ya gonna do? The law and justice system can't help you. They hate you
Arguing over legal technicalities of mootness is what is moot. The state is removing a fundamental right, in this case the right to travel by shitting all over the 6th amendment.
If the executive branch can act unconstitutionally by saying the magic words "national security" then admit the executive branch is not subject to the rule of law.
The whole misnomer "Patriot Act" must be thrown out as it violates Constitutional Rights in the name of safety, which allows a lot of Governmental abuse of Power!!!
I originally supported the Patriot Act. I was clearly wrong.
They are named that bill in true 1984 fashion. Quite Orwellian. It would have been much more patriotic to preserve liberty and not abridge the bill of rights and due process and facing one's accuser.
Here we are worried about this & our Border is being invaded by God knows who!
Always suspect the government to act in bad faith at time 1 and 2 29:19
The FBI lawyer sounds like an idiot avoiding stating facts about the case vs why the no-fly list reasons can’t be explained. 😂😂😂
We'll see if that sht they do with congress works at The Supreme Court.
Trust us, we're totally unaccountable and make it up as we go.
Said the FBI to nine judges who also aren't accoubtable and make it up as they go..
4:50 when you call families terrorists just for wanting their kids safe in school. Then your argument is that if the government doesn't like someone for even political reasons, they could put on a no-fly list arbitrarily, then the FBI could revoke your first and second amendments. This is dangerous for the right on an individual.
Bingo
I think they already do this, our country is in deep trouble, we are no longer free in so many ways.
I've known a couple of people who have ended up on the no fly list because their name matches, and getting off it is problematic to say the least. My son ( 8 year old at the time with downs ) was put on the no fly list. Had no clue until we showed up at the airport for a flight.
This is what kills me. He is on a no fly list for WHAT action? No notice, no conviction, not even an email or letter.
Theis is why it is unconstitutional as there is no due process. The 5th and 14th mentions due process so that government at both levels shall not "deprive any person of life, liberty, or property, without due process of law" (14th Amendment). The 6th Amendment spells out how the accused have the right to know the "nature and and cause of the accusation". This hearing didn't broach the Constitutionally of the process of the no fly list. Yet, the counsel on both sides, and, shockingly, the court as well have conceited that the plaintiff was not afforded the cause or nature of the accusation and none believe that he should.
Why was he put on it?
Let's hope the judges will not surrender individual Constitutional civil rights for the sake of government convenience and phantom safety feeling ! But atlas going by their track record they always do .
Be wary of the man offering safety and security at the expense of your freedoms.
But the totality of the circumstances point to the fact that if secret govt sees a loophole they will jump through it and if they don't see the loophole they'll make one and if they get caught ignoring the laws they will investigate themselves and find no wrong doing.
I would not put it past them. They made up qualified immunity out of thin air for the police.
“Any power or authority that can be abused, will be abused”, Me
The FBI lawyer is gaslighting??
If the government doesn't provide you notice to why you are on the no-fly list; how the hell can you avoid the act?
To be fair, that is the states argument.. just reversed..
If they tell everyone why they are on the no-fly list, then terrorists will know how to avoid detection..
"There are very few U.S. people on the no-fly list that satisfy that criteria." Why hasn't any justice asked why there are people on the no-fly list who don't satisfy the criteria? I thought only people who satisfy the criteria were on the no-fly list. Listen from 16:10 onward.
There is no real public knowledge of how many are on the no fly list, what reasons they may be there etc.
I know for a fact that a special needs 8 year old was on the list
Sounds to me that they don't want to say why they were put on the list because they didn't really have a legitimate reason
Totality of information they can’t tell for obvious reasons. Huh?!!
If the “standards” are couched” in unknown terms then “totality “ is totally subjective
Whole lotta what ifs and imagine thats.. all you have to do is read and comprehend the English language to fallow the guide lines of the Constitution. Thats not what is going on. Nuance in the supreme court is wrong.
This is considered a “hot bench”. The Court is really engaged and we often don’t see that at the appellate level and not many state courts . It’s great to hear . This is a difficult argument for counsel but he is doing a good job with a questioning court . He’s weaving facts with some law . Facts are his strongest argument here . As a retired trial Atty, It’s my opinion, it’s much harder to argue this than one would think . Especially , when your under fire by questions and the Court has to weigh the public threat against mootness. This should be in high school civics class . 🇺🇸
This is huge for everyone. If they were so scared he’s a terrorist don’t put him on a no fly list just put agents on any plane he flys on. The people they put on lists are part of the public. If they mess up and violate a citizen they should be held accountable.
Its also the usual government argument that we quit doing whatever it is to an individual to remove standing so the case wont be heard and business goes on as usual
Justice Jackson! Finally speaking sense! I’m here for it!
Did she finally discover what a woman is, after getting a degree in biology?
Donnie appointed Chris Wray. Joe should fire him, he sucks.
Crusty crissy was the one suggesting him. And this case is from 2013 or even before! And xho-bidain wont fire Wray cause they are both corrupt!
Wray was suggested by your friend Chris Christy.
Why should Joe fire him ? He’s doing all his dirty wok.
who cares . They shouldn't have this power w/o a trial.
No one seems to know what a terrorist is It seems to be used by the FBI against peeple it does not like including parents who complain at schoo board meetings or people with conservative political views. I believe some people should be on a no fly list for various reasons. Yet I believe anyone who is on a no fly list should have the right to contest it in court and be given full due process and full disclosure of why they were put on the list.
YES! (As many of you have pointed out!) It’s time FBI, CIA DOJ, etc go back to obeying rules of the constitution protecting America’s rights & freedoms!!!!
She is a bully, thief, corrupt and needs to face criminal charges. Disgusting.
The standing is alive because the individual was put on the NO FLY LIST in the first place..damage has already has happened.. So it is live and NOT MUTE!
This seems to me that Article 2 is telling Article 3, that they have no jurisdiction to question their policies and procedures.
May it PLEASE THE HOLY GOVERNMENT COURT
The Sixth Amendment's confrontation clause states, "[I]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." The right to confront one's accuser or an adversarial witness existed long before the states ratified the Constitution.
Criminal persecution is putting individuals on a punitive government list.
Prior government wrong can't be muted when it comes to Constitutional Rights
Attorney-speak! SMH
I think if an individual is historically wronged, there isn't a case for government muteness. Government should be held accountable! Infurment of combination of what the Government precieved as a whole. But was there actions that the individual had broke the law and why but on/off list. Just because you think or declare opinions on issues on public media mediums, which is a First Amendment Right to express opinions, as long as those opionins do not threaten or declair illegal actions. Just association with a group doesn't prove any actions. Many of this mirrors what the Government did to Japanese Americans and Japanese citizens living in the United States legally during WWII. They were wrong then, and are acting wrong now!
Maybe National Security assessment does needs to be assessed under more scrutinity under judicial review when it comes to applying to individuals to ensure Constitutional Rights are protected.
SCOTUS should strictly forbid ANY interpretation of the US Constitution where a "savings clause" preserves rights not specified in the document.
We, the people, pray that SCOTUS will stick to the rules of law. It means declaring what the law is and NOT what they or anyone else should interpret as it should be ridiculously. It is truly the root of America's Problems.
Government has no rights, it only has granted authority under the consent of the governed.
Their job is to interpret
what the constitution says...👈🤔...
Yours is to whine on a
YT thread, about legal
procedures you have
no expertise in...👈🤔
@@ketanjibrownsfavemolester7592
No one needs to be an expert on anything! Just a shred of common sense.
And yes make sure they follow what the constitution reads. Now get back to work Ukraine needs your money. Go oonnnn
Gestspo needs removed from our govt. Guilty till proven innocent is against all our laws
I love this new court getting rid of all the shitty unconstitutional precedence
*This _should* have been settled decades ago in May v [USA].*
He said: "sticky"
He meant: "stinky"
*_This is such an easy fix, abolished fbi, and block known terrorist from entering the country..._*
Sounds like double jepordy putting someone on a list twice unknown to that individual is doing wrong! Where is that individuals judicial process so that act can be challenged in a court of law? Government wants to be punitive in nature. So punitive should also what they should have to face for their corrept actions against U.S. CITIZENS!
Government - "Trust us bro"
Justice - "Why? Doesn't some check or balance make sense?"
Government - "Nah, we like 'trust us bro'"
What the Lawyer is saying is totally idiotic. A totality of the conduct makes us suspicious and we all know that suspicion is a crime in unto itself (NOT).
this guy got rolled up and smoked by each of the justices. i honestly hope those IN the fbi are more competent than their lawyer. either that, or the fbi gave him a completely un-winable case
This man was given an impossible case you can't win if you can't discuss the merits of the case
This lawyer is in court because the people in the FBI are incompetent or intentionally violating people's rights..
It was an impossible case, because the premise is patently, witheout due process, extra judicial, and unconstitutional. Today it’s this guy tomorrow it’s whoever they say. Scary stuff.
Totality of information interpretation can be wrong! If the Government individuals or agencies that get it wrong, should face repercussions for getting it wrong! When wronged the first time, government should be made to prove beyond a reasonable doubt that the facts of totality needs to be beyond the initial determination to be put on a list. Make it harder for the Government to put an individual back on a list after having been taken off. Stop the on/off list at a whim by the Government or agents or agencies!
Bullshit.. Time doesn't make a difference if the individual if they never knew, don't know now, nor in the future to be put on a list without knowledge. How can you correct action if you don't know if you are doing wrong. This is a argument is mute due to the individual is clueless that any wrong doing has happened.
Yes we can ho'd the Government has wrong deceleration one, should be held accountable for wrong deceleration two.
Constitutional Rights are never mute! Before any delceleration, before, during, after. Always. Government CAN'T violate your rights without Due justice through a court of law and judged by a jury of your peers. Simple! If judicial due process isn't afforded an individual, then it is illegal to put anyone on any list for any reason.
Maybe he refused to do what they wanted him to so they punished him by putting him on the no-fly list?
Transcripts are off on this video. Anyone else notice this? @53:26 "... is peaceful. Allah abiding US citizen."
HE is saying "A LAW " ... i.e. "a law abiding citizen " NOT "Allah" abiding citizen!❤ 😆 Surely you jest! REPLAY & pls listen wo/prejudice .🙄
Listen more closely. He is not pronouncing the AW sound. The syllables LAW and LAH are different but subtle. Just repeat the words LAW LAW LAW and LAH LAH LAH out loud to yourself. They are different. If they sound the same to you then you're not pronouncing it right and are interpreting the words you hear more by context than it's sound. The AW sound is closer to AWE, and the AH sound is closer to the O in SOCK. The shape and positioning of the of the mouth and tongue is different for the two sounds.
That being said, I do realize that the proper pronunciation of Allah is not the same as AH LAH. The first syllable's sound is more like EL (there isn't a good English example I can think of) and the it's a longer L sound between the syllables which makes "ALLAH" sound very different from both "A LAW" and "A LAH" to those familiar with the word.
I'm not considering context at all. Just pronunciation. He could have intended to say A LAW, but it doesn't sound like it. It also doesn't sound like the proper way to pronounce Allah. I don't know wither this attorney is actually familiar with the correct way to say Allah and it's not reasonable to assume he does since most Americans don't know how to pronounce it and will pronounce it like it is written, like "A-LAH", and hence the problem. I also made no claim of the reason for the error in his pronunciation which could be due to a regional accent or could be complete ignorance. Thus, your claim of prejudice is uncalled for.
The patriots act needs to be thrown out and no fly is not constitutional at all and also defaming people by means of making public them being no fly this is absolutely in every way unconstitutional and is impeding travel and the freedom of religion and freedom of speech are being violated as well.
liarcan never beleive davy
And how is controlling my hormones?
Double talk and BS
My skin crawls whenever I hear Clarence Thomas voice.
You racists!
@@ms.awesome18 Not speaking for helen, but for me its skin crawling with anyone who still walks the streets when being *accused* of sexual harassment, sexual abuse or rape. Thomas, Kavenaugh, Gaetz, Jordan, 🦨TRUMP and many more.... not racist, just disgusting.
Same for me when I hear Joe Biden, a Chinese patriot
Another TDS form... grow up. The man has been vilified for no reason since the beginning
isn't that the truth...@@Mutlap