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Plaintiffs possibly on no-fly list can sue TSA

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    Appeals court allows lawsuit to reveal names to go forward

  • Duration 3:12
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Federal appeals court has ruled that a lawsuit over the government's no fly list can go forward.

The American Civil Liberties Union is represented fifteen US citizens or permanent residents who say the United States will not let them fly back into the country.

Lawyers for the men say they want to know whether they are -- on the government's no fly list with the feds won't confirm or deny whether anybody's on that list.

Last year lower court judge threw -- the suit because she said she did not have authority over the Transportation Security Administration procedures.

Our legal panel now former prosecutor -- tried dial up.

Criminal offense attorney Randy Zell and this no fly list man a lot of people say they get stuck on it and then they won't tell you you're on it.

Or why you can't fly them and tell you anything in there like -- lawsuit time.

How frustrating has got to be shepherd and -- needs of citizens these aren't people in other countries were trying to come to America he did people who are either.

Born here have become citizens or -- have gone to complete the procedures we permanent resident.

And yet the government you they have nowhere to go down like -- -- on the list and that -- my model is why am I on the list.

And they went to court they brought a lawsuit in the judge said well you know bring the TSA into the suit number one and number two I don't even think I can rule on this or you're out.

And then they went up pulling -- chain of command to the appellate court and they said two things they could bring him in now against lower court judge you do have authority.

And that they judges said these people deserve relief they deserve answers given the answers I understand their complaint -- and these are people who done nothing wrong.

Who want to fly like everybody else has done nothing wrong can't fly and don't know why well welcome to the wonderful world of what's called sovereign immunity.

Sovereign immunity simply says that the government can't be sued now in the United States under certain very limited circumstances the government has said you know what.

Bring it on you can see -- it's colts called the federal tort claims act.

Very limited circumstances this isn't one of them when a government official exercise discretion to do something.

Or not do something that doesn't fall within the federal tort claims act so unfortunately these people I think the lower court got it right.

They don't have an avenue overly.

-- scoring is low accords boss they got it wrong of the three judges vs the one job that's never happened defend the three -- on -- -- They -- articulated didn't get -- -- -- legal mumbo Jumbo they said these people have a right to know.

Why there on this list you've got to let -- know lower court judge bring the TSA in and ask -- what's going.

Because if you know why you're on a list -- might then be able to prove that whatever reason they have is wrong.

Or they can prove whatever reason is right like if they think that I've run over a puppy.

But I didn't run over a puppy and I can prove it.

-- -- -- -- Have a -- which you've been doing the normal circumstances when the government isn't involved because the Government of Israel and I'll love you can't get any bigger I had a can't well look we've done that a few times there remedy that.

It would be nice if they did admit that -- really right place to do it while now look checks and balances the court can only act upon with the legislature says that they can do so that's our whole system of checks and balances.

The legislature has to say so it's clear she.

Those of the -- the higher court said Randy is wrong just so what I'm by the way the High Court sent it back to the lower court yet.

Because -- like children.

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