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.

[buttonjockey]

: "Erich Scherfen says that unless his name is removed the list . . . "

CBS News still doesn''t have a good editor! Hey Folks, I''m warming up to CNN and BBC news now. You should see the political coverage from Britain that''s actually focusing on the real issues. Not bad!

Oh yes, about the story? When did we give over such control of our lives to a portion of the government that apparently has no checks and balances? This is a bigger threat to us than terrorism.

[whatthe7700]

Convert back and have your wife convert with you or go fly for Saudi air. Move to Pakistan and try to fight over your rights with the government and see how far that gets you. Thank you for serving our country but just because your wife is Muslim does not mean that you have to be. Welcome to the US Mrs. Scherfen.

[antoniof123]

Oh yes, about the story? When did we give over such control of our lives to a portion of the government that apparently has no checks and balances? This is a bigger threat to us than terrorism.

Posted by buttonjockey at 12:02 PM : Aug 20, 2008

And this is what the GOP give us not less government but more. In fact the only person to do what the people asked him aside from the BJ was Clinton. Hey but Republicans have a good sound bite too bad that is all it is.

[forasongca]

Are we being run by the Constitution, or by a bunch of Christian Taliban wannabes? Granted, not all veterans are automatically Good Guys...but not all Muslims are automatically Bad Guys. The watch list needs way more oversight and due process than it currently has.

DaVicar: Betcha if *you* showed up on the watch list, you''d be singing a different tune. Go get yourself intelligence and tolerance certified.

[charlieot]

Now I am no expert here...but I am thinking that converting to Islam WAS NOT a good career move for Erich Scherfen.

I am basing that on the fact that when Erich Scherfen was NOT an Islam, he also WAS NOT on the terror list. And now that Erich Scherfen IS an Islam, he IS on the terror list.

Instead of suing somebody, which could take YEARS, and TONS of MONEY, I suggest that Erich Scherfen go get himself Un-Islam Certified.
Posted by DaVicar2 at 12:01 PM : Aug 20, 2008
+

Umm..DaVicar...did you note that he converted in 1994?
Did you also note that the TSA spokesperson stated that religious affiliation does not impact list status?

You are implying that the government is violatingits own rules and the constitution (Is DaVicar a closet liberal??). That may be so...

I, on the other hand, would prefer that the government disclose it''s reasons and either the correctness of the listing or summarily removing the gentleman''s name from the list.

[trumpetstuff]

Instead of suing somebody, which could take YEARS, and TONS of MONEY, I suggest that Erich Scherfen go get himself Un-Islam Certified.

Posted by DaVicar2 at 12:01 PM : Aug 20, 2008

=================================================

Oh, puh-leeze. Well, at least you say you`re no expert. You get credit for that.

Whatever happened to freedom of religion?

[charlieot]

Convert back and have your wife convert with you or go fly for Saudi air. Move to Pakistan and try to fight over your rights with the government and see how far that gets you. Thank you for serving our country but just because your wife is Muslim does not mean that you have to be. Welcome to the US Mrs. Scherfen.
Posted by whatthe7700 at 12:20 PM : Aug 20, 2008

whatthe,
Are you implying that in the US, it is ok for our government to sanction someone for their religious beliefs? Are you also implying that asserting one''s rights under our Constitution is an improper action?

As I said to DaVicar, the appropriate thing is for the government to either affirm its reasons for having Mr. Scherfen on the list or summarily remove his name from the list.
Cut and dried, plain and simple.

[missingamerica]

Whatever happened to freedom of religion?

Posted by trumpetstuff at 12:26 PM : Aug 20, 2008

You are free to practice any fundamentalist Christian religion you want to.

[charlieot]

That will teach him to convert to Islam.
posted by gop_forever at 12:27 PM : Aug 20, 2008
+ report abuse

Will anyone ever be able to convert you to the human race gop?

[docpeter-2009]

You are free to practice any fundamentalist Christian religion you want to.

Posted by ibsteve2u at 12:31 PM : Aug 20, 2008
_____________

And if you don''t believe that just ask GOP_Forever

[bobnjersey]

[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. ]

this so called list ... and all the conflicting information about who keeps it ... about who reconciles it ... and yet nothing is done to correct these conditions, indicates that it is the way it is because there are those who choose to keep it that way.

all anyone has to do to scrutinize you is say ''you are on the list'' ... but you can''t see the list ... when you question you''re told you are ''not'' on the list ... and again, nobody knows how anyone gets on the list ... other than saying it was someone else who did that. and of course, you can''t get yourself off ''the list''.

nice strategy ... blame it on the list ... a list that nobody is actually responsible for ... except for the entity ''over there''.

[gangesdak]

Sorry Mr. Pilot and your wife. It was your choice. You gave us no choice.

[charlieot]

Sorry Mr. Pilot and your wife. It was your choice. You gave us no choice.

Posted by gangesdak at 12:39 PM : Aug 20, 2008

???? How do you figure "we had no choice?"

[jmurrieta1]

Perhaps the Bush-cheney regime could arrange for all such suspects to wear a cloth badge on their clothing--perhaps a moon/star--to identify themselves adequately to the WASP Master Race.

[charlieot]

Erich Scherfen IS NOT some innocent little naive boy with an astonished look on his face! He KNEW this little religious stunt would cause problems at his job LONG BEFORE he ever tried it!

Posted by DaVicar2 at 12:48 PM : Aug 20, 2008

DaVicar...
Did you even read the article????
He converted in 1994...long before any of this became an issue in the United States.

[lfitts1]

Everyone wants to push the envelope, see what stupid things they can do and then complain that their rights are being violated. Shut the hell up or move over seas. I am so sick of hearing about this kind of stuff. Everyone feels the need to speak out about everything.

Posted by whatthe7700

Absolutely, what do you think--my country--right or wrong--stop speaking outif we wanted to give you the right of free speech or freedom of religion we would have put it in the constitution--oops--it''s in the constitution--people like whatthe7700 should not be able to vote !!!

[missingamerica]

And if you don''t believe that just ask GOP_Forever

Posted by docpeter at 12:37 PM : Aug 20, 2008

lolll...after watching GOP_Forever, I think half or more of the stuff he sez is "tongue in cheek"...

I have this visual of him sitting in a bar with a laptop with a cluster of his friends, going "Hey, watch this....this will fire ''em up!"....

[missingamerica]

The islamic fundamentalists are a short-term, immediate threat to America....

The right-wing neocons? They are a permanent if furtive - threat to America...

[gangesdak]

Did you even read the article????
He converted in 1994...long before any of this became an issue in the United States.
Posted by charlieot at 12:53 PM : Aug 20, 2008

Twin Tower bombing happened in 1993; that is what prompted him to convert himself to Islam- the fun religion to blow others away with sanction from their scriptures. He knew what he was up to. We are glad, the Homeland Security has done something good.

[missingamerica]

The islamic fundamentalists are a short-term, immediate threat to America....

The right-wing neocons? They are a permanent - but furtive - threat to America...

[darkfyreaol]

Fact: Islam is not in itself a ''terrorist faith''.

Fact: Terrorists come from all walks of life.

Fact: America is a country based on a separation of powers, AND a separation of church and state.

Fact: In America, discrimination based on race, nationality, gender, or religious beliefs is a crime.

[missingamerica]

Fact: In America, discrimination based on race, nationality, gender, or religious beliefs is a crime.

Posted by darkfyreaol at 01:03 PM : Aug 20, 2008

What if my religion sez I''m supposed to smoke de ganja, mon?

[missingamerica]

Twin Tower bombing happened in 1993; that is what prompted him to convert himself to Islam-

-------------------------- Posted by gangesdak

THANK YOU!!!

(I knew that, I just didnt want to brag)

Posted by DaVicar2 at 01:05 PM : Aug 20, 2008

Observe how neither one of the neocons offer any proof of their claims.

Reminds you of Stalin, Mao, and Hitler, does it not?

"I do not like them, so they are guilty of [fill in something that sounds awful] and shoot them at dawn."

[skyhawk761]

What if my religion sez I''''m supposed to smoke de ganja, mon?


--------------------------------------------------------------------------------

Posted by ibsteve2u at 01:04 PM : Aug 20, 2008
+ report abuse

What religion is that? I sure as he11 want to join if that is one of the rules! :)

[gangesdak]

Fact: Islam is not in itself a ''''terrorist faith''''.
FALSE
Fact: Terrorists come from all walks of life.
TRUE
Fact: America is a country based on a separation of powers, AND a separation of church and state.
TRUE
Fact: In America, discrimination based on race, nationality, gender, or religious beliefs is a crime.

Nope. When religious belief is connected with high profile continuing crimes, no one can hide behind Bill of Rights. Bill of Rights is not license. Check again.

Posted by darkfyreaol at 01:03 PM : Aug 20, 2008

[missingamerica]

Fact: Islam is a great bullet point when profiling terrorists.

Fact: Terrorists come from all different Islamic Countries.

Fact: America is a Country based on FREEDOM, not the separation of ANYTHING

Fact: In America, discrimination based on race, nationality, gender, or religious beliefs is COMMON, and VERY EASY to disguise.

Posted by DaVicar2 at 01:09 PM : Aug 20, 2008

Supposition: If DaVicar2 did not have Muslims to pick on, he would be picking on [choose one or more of Asians, Hispanics, African-Americans, Native Americans, Jews, Catholics, women, "hippies", people who drove Fords, left-handed people, people with red hair...].

[stevex47]

boosh is the one that should be on the terrorist watch list.

He supports the saudi''s who bombed the WTC. He kisses them, and holds their hand. That''s what he calls tough on terrorism.

[missingamerica]

Observe how neither one of the neocons offer any proof of their claims

---- Posted by ibsteve2u

Huh? You JUST READ ABOUT IT, in black-and-white, and you still want PROOF?

...silly

Posted by DaVicar2 at 01:11 PM : Aug 20, 2008

What I read in "black and white" was an unsubstantiated claim by gangesdak that the Twin Towers bombing of 1993 is what prompted Erich Scherfen to convert to Islam.

Now if you consider an unsubstantiated claim by a right-wing type to be "proof", then I am sad to say that you are doomed to be a Republican your entire life...

[dagrandma]

Why won''t the "keepers of the list" say why he is on it? Is this all because he converted to Islam?

[crescentgirl]

It is really scary that the gov''t has a blank check to ruin people''s lives...simply because of the fact that they belong to a certain religious group. This guy is a citizen and fought for his country for God''s sake and still they persecute him. The gov''t hides behind some sorry excuse of "national security" and they think that this is good enough...they don''t have to provide an explanation for why they are persecuting him? And people actually believe that profiling and bigotry is not alive and well in this country? His only crime is that he reverted to Islam (everyone is born submitting to the will of God...i.e...a Muslim when they are born...so, if when they reach adulthood, they come to Islam...they are reverting to their original state of being Muslim...not converting)...and now, because of that he faces losing his livelihood. That is very sad and unacceptable.

[missingamerica]

I am sad to say that you are doomed to be a I call it blissful enlightenment, you call it doom...why split hairs?

Posted by DaVicar2 at 01:18 PM : Aug 20, 2008

I would observe that ignorance is also bliss...

[hurtmorons]

What the hell is a "neocon"? I see this dumb *** word more and more on these posts, neocon. How fasionable I feel! neocon. ooooh!

[missingamerica]

What the hell is a "neocon"? I see this dumb *** word more and more on these posts, neocon. How fasionable I feel! neocon. ooooh!

Posted by hurtmorons at 01:20 PM : Aug 20, 2008

Most neocons do not know that they are neocons...they think they are right to oppress others, start wars, dodge taxes, and use the Constitution for a doormat ''cuz "God is on their side.".

[crescentgirl]

I am sickened and saddened by the comments that i have read on this story. People....being Muslim is not a crime!!!!...it is a blessing from God. Our forefathers came to this country in the hopes of escaping religious persecution....how ironic it is that our current society is doing the exact same thing to Muslims. We are a country of principles (well, at least that''s what i thought.) Why do we go back and ignore our principles of freedom of religion, freedom of expression and everything else that makes this country so great...are we so weak in our nation''s character that we cannot even stick to our own principles in the face of adversity? The gov''t should disclose exactly why this gentleman appears on their list or remove his name. period.

[missingamerica]

A list of VOTERS, as long as you are a resident and are 18 years old [...] there are LOTS of lists, with lots of restrictions and exceptions!

Posted by DaVicar2 at 01:30 PM : Aug 20, 2008

lollll...tell the truth, DaVicar2...you Republicans think that voter list is wayyyyyy too long.

You would love to add some more conditions, would you not? Like "Must own a business, must own property, must attend one of these approved churches..." and so on?

C''mon...''fess up...

[missingamerica]

Like most dunderheads dont know they are dunderheads...they just sit there and wait for someone to change their diaper!
Aint that right, Steverino?

Posted by DaVicar2 at 01:38 PM : Aug 20, 2008

Tsk, tsk...always the retreat to prepubescent behavior with you right-wing types.

I guess those much-touted private schools are not really very effective at teaching the social graces, because more and more any time that a Republican begins losing an argument, they just talk louder and louder, then resort to name-calling...

Although, come to think of it, their penchant for lying anymore kinda says it all....

[crescentgirl]

DaVicar2, if the same persecution (i hope it never does), happened to people in the same race, ethnicity, religious affiliation, etc that you belong to, you would feel this gentleman''s pain. If you knew what it was to have people in the airport look at you like you are some kind of alien...when you haven''t even done anything wrong...when you are stopped at the airport for the "random screening" each time you fly...you will know what it feels to be persecuted for no reason. For now, however, you live in your blissful ignorance.

[bobnjersey]

[I thought all you flaming NeoLibs wanted to force EVERYONE to accept EVERYBODYS culture, heritage, beliefs, handicaps, deformities, secks preference, and all that jazz?]
[Posted by DaVicar2 at 01:23 PM : Aug 20, 2008]

it''s called tolerance of others who don''t speak like you ... don''t look like you ... don''t live like you.

it has nothing to do w/ neolibs ... whatever that is. it has to do with being a decent human being ... to other human beings. maybe you''ll read about it some day in a book ... or you can get someone to explain it to you.

[gangesdak]

This pilot cannot hide behind his service at his combat duty in the Gulf war. Gulf war was in 1991. Then came 1993- first Twin Tower bombing. Only then came his call for his conversion to Islam- the favorite religion for vile terrorists. The government did the right thing in putting his name of the "list"- May that "list" last.

[hwy71so]

Its a neocon conspiracy I tell ya!! All neocons should be locked up and banned from all future elections. They''re anti-american because they don''t want the liberals to smoke pot and stroke their buddy!!!!

Yeah, that''s what it is, uh huh! Hang ''em all and pass the marijuana!!!

[missingamerica]

it has to do with being a decent human being ... to other human beings. maybe you''ll read about it some day in a book ... or you can get someone to explain it to you.

Posted by bobnjersey at 01:45 PM : Aug 20, 2008

"being a decent human being"...ya know, if everybody took that to heart I sincerely do not believe that there would be an epithet like "neocon".

I KNOW we would not be in Iraq...

[tootoo68]

10 years ago, a muslim pilot took an Air India 747 and crash dived it in the Atlantic ocean sceaming Alah is great...killing all on board. ( it was on the cockpit recorder for those of you un-belivers).. Do we really need to look the other way, and NOT be suspicious of someone who suddenly decided to change to a radical religion that hates anyone who doesn''t believe as they do??? I think not.. I''m proud we have the forsight to put this guy and others like him on the list.. He should be banned from flying..Screw his rights. What about my rights.. I know I''m not getting on the plane with this guy..

[charlieot]

Twin Tower bombing happened in 1993
Posted by gangesdak at 12:59 PM : Aug 20, 2008

True gangesdak...and at that time the discussion centered around "Arab" terrorists...as a nation not much attention was paid to "Islam" until after 9/11. American Muslims in the US were under no more scrutiny in 1994 than any other group. It wasn''t until 2001 that they became targeted.

[missingamerica]

Its a neocon conspiracy I tell ya!! All neocons should be locked up and banned from all future elections [...]

Posted by Hwy71So at 01:46 PM : Aug 20, 2008

Not all of them - just all of them who were ever involved - even peripherally - with PNAC.

The world would be a better - and far safer - place...

[missingamerica]

You know what the fundamental difference between the "Muslim haters" that post here and the Islamic fundamentalist terrorists is?

Beyond the difference in how they spread their message, the only real difference that I can see is their religions.

Both groups seem to exist soley to spread hate and intolerance.

Quite the ambition, for people who wish to be known as civilized, eh?

[missingamerica]

Voters list, schmoters list...lets let the Supreme Court decide!

Posted by DaVicar2 at 01:56 PM : Aug 20, 2008

Sigh...I would jump on that idea, if only we had a truly impartial - and I mean no right OR left bias - SCOTUS.

[charlieot]

10 years ago, a muslim pilot took an Air India 747 and crash dived it in the Atlantic ocean sceaming Alah is great...killing all on board. ( it was on the cockpit recorder for those of you un-belivers).. Do we really need to look the other way, and NOT be suspicious of someone who suddenly decided to change to a radical religion that hates anyone who doesn''''t believe as they do??? I think not.. I''''m proud we have the forsight to put this guy and others like him on the list.. He should be banned from flying..Screw his rights. What about my rights.. I know I''''m not getting on the plane with this guy..

Posted by tootoo68 at 01:47 PM : Aug 20, 2008

tootoo...No one will force you to get on a plane he flys. Nowhere in the article does it indicate that he "suddenly decided" convert. Nothing in the article indicates that he may go off the deep end like the Air India pilot (it should be noted that no one ever indicated that his was a political act). As a result, there really are no legal grounds publicly available to prevent him from flying or to justify placing his name on a watch list. I only want the governmemt to present evidence to substantiate it''s position.

[crescentgirl]

"Do we really need to look the other way, and NOT be suspicious of someone who suddenly decided to change to a radical religion that hates anyone who doesn''''t believe as they do??? I think not.. I''''m proud we have the forsight to put this guy and others like him on the list.. He should be banned from flying..Screw his rights. What about my rights.. I know I''''m not getting on the plane with this guy.. "

It is people who post comments such as these that spread the hate. I don''t know if you have ever even opened a book to really learn what Islam teaches...if you did, you might learn that it is actually a religion of peace, diversity and tolerance. A religion that tells you to pray to your creator five times a day, give alms to the poor, fast during Ramadan to feel the pain of the poor that cannot feed themselves, to respect your mother (and your father)..to take care of them in their old age, to shelter orphans and to make peace with adversaries...you would learn all this and much more about what Islam teaches. Unfortunately, you are too busy hoarding your hate to really learn anything.

[crescentgirl]

"Do we really need to look the other way, and NOT be suspicious of someone who suddenly decided to change to a radical religion that hates anyone who doesn''''t believe as they do??? I think not.. I''''m proud we have the forsight to put this guy and others like him on the list.. He should be banned from flying..Screw his rights. What about my rights.. I know I''''m not getting on the plane with this guy.. "

It is people who post comments such as these that spread the hate. I don''t know if you have ever even opened a book to really learn what Islam teaches...if you did, you might learn that it is actually a religion of peace, diversity and tolerance. A religion that tells you to pray to your creator five times a day, give alms to the poor, fast during Ramadan to feel the pain of the poor that cannot feed themselves, to respect your mother (and your father)..to take care of them in their old age, to shelter orphans and to make peace with adversaries...you would learn all this and much more about what Islam teaches. Unfortunately, you are too busy hoarding your hate to really learn anything.

[liberalme]

There are over 800,000 names on the terror watch list, I''m sure every name on there is a terrorist and you can bet they have busted 100''s of terror cells with this ohhhhh so accurate list!!!!

Bunch of idiots!!

That list has done nothing more than harass AMERICANS