Pilot Sues U.S. Over Terrorist Watch List

A "Law-Abiding Combat Veteran," Who Converted To Islam, May Lose His Job At A Commercial Airline

(AP)  A commercial airline pilot and convert to Islam who says his name is on the U.S. government's secret terrorist watch list has fought back, filing a federal lawsuit against the Homeland Security Department and various other federal agencies.

Erich Scherfen says that unless his name is removed from the list, he faces losing not only his job but the ability to make a living in his chosen profession.

"My livelihood depends on being off this list," Scherfen told reporters Tuesday after his lawyers filed the lawsuit in U.S. District Court in Harrisburg.

He alleges that the government's actions have violated his and his wife's constitutional rights. The suit seeks a hearing and a decision before he is scheduled to lose his job on Sept. 1.

A New Jersey native, Scherfen, 37, said he believes his name was placed on a watch list because he converted to Islam in 1994 - even though he is a Gulf War combat veteran. Both he and his Pakistan-born wife, who is also a Muslim, said they have no criminal records or ties to terrorists.

In their lawsuit, the couple said they have been repeatedly subjected to searches, questioning and detention at airports and border crossings since 2006. Ticket agents and others have made vague references to their names being on lists, but there was no clear explanation for the extra scrutiny.

Scherfen said he learned that he was a "positive match" on a list maintained by the Transportation Security Administration in April, when his employer, Colgan Air Inc., suspended him for that reason. The Virginia-based regional carrier continued to pay him for the first two weeks of his suspension, but he is currently on unpaid leave and expects to lose his job if his name is not taken off the list by the end of this month.

Scherfen had worked for the airline for about a year when he was suspended, a Colgan spokesman confirmed.

The couple said their attempts to resolve the situation through the government have been unsuccessful.

Transportation Security Administration spokeswoman Ann Davis said the TSA gets watch lists from the FBI and requires airlines to cross-check the lists before issuing passengers boarding passes.

While declining comment on the lawsuit, Davis said "religious and political affiliation does not impact whether an individual is placed" on a list.

The Justice Department declined comment on the lawsuit and said in a statement that the FBI's Terrorist Screening Center, "for both national security and personal privacy reasons," does not confirm or deny the existence of any name on the watch lists that it maintains.

"We have a problem when a law-abiding combat veteran is about to lose his job because the government has placed him on a terrorist watch list, but refuses to tell him why," said Harrisburg lawyer Amy C. Foerster, who is working with the Pennsylvania chapter of the American Civil Liberties Union on the case.

[patriot12436]

The govt has people watching everywhere. When i finished my first enlistment i passed the word around base i was interested in working for the govt. I had a top secret clearance. When i was awaiting my flight to returrn to the states an gentleman in a suit walked up and flashed a state department id. He said he had been told to contact me and handed me a list of companies i had been cleared to work for. I asked if he was cia, he said he couldn''t tell me that but was on his way home to see hios family and two days before had been trudginbg thru a rice paddy in Vietnam. The govt asked him to drop the information to me.

[patriot12436]

adillon70
I was only pointing out the possibility. Perhaps his wife from Pakastan turned up to have some questionable relatives. A number of things could have triggered it for him to be added to the list. If my govt has any questions about me they are welcome to check anything they like and i will gladly answer any questions. I would hope this would speed up the process and they could move on to someone who is really a threat to our counbtry.

[impeach__w]

The Justice Department has agreed to delay new rules covering how the FBI investigates suspected terrorists, deferring to senators'' concerns that innocent Americans might be targeted without evidence of wrongdoing.

In a letter to Senate Judiciary Chairman Patrick Leahy, the department said Thursday it will not put the rules into effect until after FBI Director Robert Mueller appears before the panel on Sept. 17.

The Justice Department still wants to have the rules in place by Oct. 1.

Six senators have raised concerns that the rules could target Americans in part based on their race, ethnicity or religion.

[impeach__w]

the country was born on the principle of relious freedom. If you don''t like it, get out for you are no true american with this type of opinion. Just a racist idiot.

[babooph]

Spend a wad watching Moslems-they are about equal to Jews in # in the States-name 1 US Islamic traitor ONE!!Starting with the A bomb,no room to list Jewish spies-why are we so focused on Islam-Christian George & his idiot crusade-NEITHER GROUP NEEDS MONITORING!!!

[st1dagain]

Your d-a-m-ned if you put people on the list and your D-a-m-ned if you don''t and they kill people...

Islam is a religion of hate.. and should be banned from the US.. No other religion preaches that you must kill non believers.. Maybe he should become a Buddhist..

[babooph]

He got caught in the war against Islam,could have been the war in S. America or the cold war brewing against Russia-ww1 bankrupt England. their rich pulled most of the $ & invested it in the States,letting the low classes rot-now they are investing in China-best to join them.

[chimpyout]

If pilot doesn''t watch his mouth, he''s liable to find himself in a Danish dungeon, and a year or so after, strolling a scenic road in El Salvador. How he gets there can only be imagined--state secret, you know!

[mediabrat60]

Certainly not okay with typing in the dark though!

[mediabrat60]

I, for am, am glad that when there was an alarm, they were put on the watch list. Apparrentalt something triggered this.
If they do not continue to take precaution we will end up with another 9/11 attack.

I, as an american, am okay with this.

[impeach__w]

All tyranny needs to gain a foothold is for people of good conscience to remain silent.
Thomas Jefferson

Do you want to know who you are? Don''t ask. Act! Action will delineate and define you.
Thomas Jefferson

I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.
Thomas Jefferson
(it works for all religions with a GOD!)

[adillon70]

You think there must be other reasons why his name is on the list, patriot12436? I seriously doubt it. The government is very capable of pointing the finger just because of his religion. This is profiling at its worst! I know several people of that religion and they are fine upstanding citizens, not terrorists. Unfortunately, trying to get something corrected that was done in error by the government is like trying to erase a headstone...the information is carved permanently. Look how difficult it is to get identity theft cleared up..and some people are never able to do it. I wish him well, but it will probably take years to get his name removed, if it ever can be.

[brianbwb-2009]

"This administration wants to keep an eye on things - like your cell phone, bank account, telephone records, hard drive ..............." Posted by RJSparling

So from now on answer your phone with the words "Buck Fush" with the first letters of each word exchanged, and put the same in a few unencrypted text files on your HDD.

You might want to create a company bank account under the same name, and transfer your money to and from it regularly.

[rjsparling]

This administration wants to keep an eye on things - like your cell phone, bank account, telephone records, hard drive ...............

[brianbwb-2009]

"I just googled the watchlist and it says it cannot reveal who is on the watch list so how did this man find out he is on the watch list ?" Posted by patriot12436

"Scherfen said he learned that he was a "positive match" on a list maintained by the Transportation Security Administration in April, when his employer, Colgan Air Inc., suspended him for that reason."

Someone in the loop ratted him out to Colgen Air. The better questions are who ratted, and what they hoped to gain by doing so.

[brianbwb-2009]

"Both he and his Pakistan-born wife, who is also a Muslim, said they have no criminal records or ties to terrorists."

"While declining comment on the lawsuit, Davis said "religious and political affiliation does not impact whether an individual is placed" on a list.''

Someone is lying here, and I don''t think it is the pilot, or his wife.

"Yes i would agree 90 % of terrorists are Muslim..." Posted by patriot12436

I wouldn''t, because 99% of the terrorist acts carried out in the US have been from neonazi ultra-right wing fake Christians, like the kkk, aryan nations, and criminal organizations like the Mob, the Crips, and the Bloods, not to forget Hell''s Angels, those who murder abortion doctors, and deluded kids who shoot up high schools. Outside the US, the US government has this century''s current lead in number of innocent civilians killed in acts of terrorism.

[patriot12436]

The article said his wife was from Pakistan. perhaps there is some documentation concerning her that caused them to put him on this list.

[patriot12436]

I just googled the watchlist and it says it cannot reveal who is on the watch list so how did this man find out he is on the watch list ?

[patriot12436]

jehovah witness
Now here is a surprise a cult follower saying he should be on a watch list.

[patriot12436]

If he was put on the list only because he joined this religion, then that is wrong. There is a possibility that they have other things in his file and the the total together is why he went on the list.