(Cory Doctorow) Phil writes, “Edward Hasbrouck of the Identity Project is doing a fantastic job of reporting on-site from Ibrahim v. DHS, the first legal challenge of United States government’s no-fly list that has ever seen a courtroom. On the first day of trial, the judge learned that the plaintiff’s daughter, scheduled to testify, was delayed because she had been denied boarding of her flight because she was put a Department of Homeland Security no-fly list. DHS staff deny this. The government’s lawyers told the judge that the daughter is lying. The airline provided documentation of the DHS no-fly order. The subject matter of this trial is intense—restriction of movement based on blacklists—but there’s no sign of an end to the jaw-dropping entertainment.”
“None of that was true,” Ms. Pipkin told the court this morning. “She didn’t miss the flight. She was there in time to check in. She has not been rebooked on another flight.” And most importantly, it was because of actions by the DHS — one of the defendants in Dr. Ibrahim’s lawsuit — that Ms. Mustafa Kamal, was not allowed to board her flight to SFO to attend and testify at her mother’s trial.
Ms. Pipkin said that Ms. Mustafa Kamal had sent her a copy of the “no-board” instructions which the DHS gave to Malaysia Airlines, and which the airline gave to Ms. Mustafa Kamal to explain as much as it knew about why it was not being allowed to transport her. Ms. Pipkin handed Judge William Alsup a copy of the DHS “no-board” instructions to Malaysia Airlines regarding Ms. Mustafa Kamal.
Major props to Malaysia Airlines for providing a copy of the DHS instructions to Ms. Mustafa Kamal. Other airlines receiving similar instructions have acquiesced to DHS orders to keep the instructions from the DHS, and the reasons for the airlines’ actions, secret from the would-be travelers whose rights are affected. So far as we know, this is the first time an actual no-fly order has been disclosed to a would-be traveler or potentially to the public.