Gabe Schoenfeld says that in the wake of the Christmas terrorist’s failed bomb plot, and questions about how he got on an airplane even though he’d been flagged as a potential problem, civil libertarians have some explaining to do:
And here is where the political context becomes critical. The Bush administration was subjected to withering criticism for the way it managed the no-fly list. The American Civil Liberties Union put the system on its own list of the “Top Ten Abuses of Power Since 9/11,” asserting that “the uncontroversial contention that Osama bin Laden and a handful of other known terrorists should not be allowed on an aircraft” has been exploited “to create a monster.” In one of several lawsuits the group has filed involving terrorist lists, the ACLU alleged that they “violate airline passengers’ constitutional right to freedom from unreasonable search and seizure and to due process of law.”
Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, has been one among a chorus of voices that accused the former administration of being far too sweeping, placing “infants, nuns and even members of Congress” on terrorist watch lists. The writer Naomi Wolf has called travel restrictions such as the no-fly list, “a classic part of the fascist playbook” akin to the depredations of Nazi Germany, where “families fleeing internment were traumatized by the uncertainties that they knew they faced at the borders.” This was hysteria directed against Bush counter-terrorism mechanisms that the Obama administration has left almost entirely unchanged.