In the Eastern District of Virginia, the Justice Department has been fighting a lawsuit brought by a US citizen, who claims his constitutional rights were violated when he was placed on the No Fly List.

The judge has not blindly accepted the government’s state secrets claims and left open the possibility that the government may fail to get the case thrown out. However, the day before a major hearing for summary judgment, the FBI put the US citizen’s brother on the Bureau’s list of “Most Wanted Terrorists.”

When Gulet Mohamed went to renew his Kuwaiti visitor’s visa on December 20, 2010, he was handcuffed and blindfolded by men in civilian clothes, who took him to a location approximately fifteen minutes from the airport [PDF]. He was kept in detention for over a week and suffered torture.

Interrogators transferred him to a deportation facility on December 28. As Kuwaiti officials tried to deport him, he found out he had been placed on a No Fly List. He remained in the deportation facility for a couple weeks and FBI agents visited him twice. Mohamed believes the agents did this to “pressure him to forgo his right to counsel, submit to invasive questioning and become an informant for the FBI upon returning to the United States.”

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