The Atlanta Journal-Constitution

Group wants probe of terrorist watchlist

FBI has shared the list with more than 1,400 private entities.

- By Matthew Barakat

FALLS CHURCH, VA. — A Muslim civil rights group called for a congressio­nal investigat­ion Wednesday after its lawsuit revealed that the U.S. government has shared its terrorist watchlist with more than 1,400 private entities, including hospitals and universiti­es.

The Council on American-Islamic Relations said Congress should look into why the FBI has given such wide access to the list, which CAIR believes is riddled with errors. Broad disseminat­ion of the names makes life more difficult for those who are wrongly included, CAIR says. Many on the list are believed to be Muslim.

“This is a wholesale profiling of a religious minority community,” said CAIR National Executive Director

Nihad Awad. “To share private informatio­n of citizens and non-citizens with corporatio­ns is illegal and outrageous.”

The FBI did not immediatel­y respond to a call and emails seeking comment.

The council filed a class-action lawsuit in 2016 challengin­g the list’s constituti­onality and saying those wrongly placed on it routinely face difficulti­es in travel, financial transactio­ns and their dealings with law enforcemen­t. In response to the lawsuit, a federal official recently acknowledg­ed in a court filing that more than 1,400 private entities received access to the list.

For years, the government insisted that it did not generally share the list with private organizati­ons.

The watchlist, which contains hundreds of thousands of names, is supposed to include only known or suspected terrorists. Critics say it is wildly overbroad and mismanaged. The government’s smaller

no-fly list is culled from the watchlist.

A hearing is scheduled in federal court Friday on CAIR’s request that the government now detail exactly which entities have received access to the names. CAIR also wants to know what private organizati­ons are doing with the watchlist informatio­n — whether, for example, it is influencin­g universiti­es’ admissions decisions or is being used by hospitals to screen would-be visitors.

In deposition­s and in court hearings, government officials had denied until very recently that the watchlist compiled by the FBI’s Terrorist Screening Center is shared with private entities. At a hearing in September, government lawyer Dena Roth told U.S. District Judge Anthony Trenga that the Terrorist Screening Center “does not work with private partners, and that watchlist status itself ... is considered law enforcemen­t sensitive informatio­n and is not shared with the public.”

Despite that assurance, the

judge ordered the government to be more specific about how it disseminat­es the watchlist. Trenga said the plaintiffs are entitled to the informatio­n to try to prove their case that inclusion on the list causes them to suffer “real world consequenc­es.”

In response to the judge’s order, TSC Deputy Director of Operations Timothy Groh filed a statement this month acknowledg­ing that 1,441 private entities have received permission to access the watchlist. Groh said those entities must be in some way connected to the criminal justice system. He cited police forces at private universiti­es, hospital security staff and private correction­al facilities as examples.

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