CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, July 15, 2008

Former Assistant AG Winds Up on Feds' Terror Watch List

The Justice Department's former top criminal prosecutor says the U.S. government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled.

Former Assistant Attorney General Jim Robinson would know: he is one of them.

Robinson joined another mistaken-identity American and the American Civil Liberties Union on Monday to urge fixing the list that's supposed to identify suspected terrorists.

"It's a pain in the neck, and significantly interferes with my travel arrangements," said Robinson, the head of the Justice Department's criminal division during the Clinton administration. He believes his name matches that of someone who was put on the list in early 2005, and is routinely delayed while flying -- despite having his own government top-secret security clearances renewed last year.

"I suppose if I were convinced that America is a safer place because I get hassled at the airport, I might put up with it," Robinson said. "But I doubt it."

He added: "I expect my story is similar to hundreds of thousands of people who are on this list who find themselves inconvenienced."

The government calls its watch list one of the most effective tools in its fight against terrorism. It was created after the Sept. 11, 2001, attacks to consolidate 12 existing lists and make sure no terrorists slipped through the cracks -- whether when entering the country or if otherwise stopped for questioning. Last year, congressional investigators found "general agreement that the watch list has helped to combat terrorism."

Other audits of the watch list over the last several years, however, have concluded that it has mistakenly flagged innocent people whose names are similar to those on it. More than 30,000 airline passengers had asked the Homeland Security Department to clear their names from the list as of October 2006. Additionally, as many as 20 suspected terrorists were left off the list as of last year due to a technology glitch.

Chad Kolton, a spokesman for the FBI's Terrorist Screening Center, which maintains the list, said the government is working to fix the gaps. [Mark Godsey]

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