“Would Winston Smith and Josef K. please return to the gate? Your flight is ready to depart.”

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2 Responses

  1. Jim Maloney says:

    Well, kudos to Kozinski, Tashima, and Tallman, and I look forward to reading Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists.

    But what is it about the FBI, airplanes and Egyptians? It seems to be a magic formula for that sort of zeal that Justice Murphy mentioned in his dissent in Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 219 (1946)(“Liberty is too priceless to be forfeited through the zeal of an administrative agent.”). I am reminded of an Egyptian student who was in the wrong place at the wrong time in September 2001, i.e., at the Millenium [sic] Hotel in lower Manhattan, and of the interrogation he claims to have experienced at the hands of an agent concerning a certain two-way radio that was recovered. The Second Circuit included some details in its first online release of Higazy v. Templeton, 505 F.3d 161 (2d Cir. 2007). Oh, did I bother giving the cite? Well, you won’t find it there. The Court redacted those sordid details the very next day, and of course they never found their way into the published opinion. But wait! Some brave soul (no, not I) posted it at http://howappealing.law.com/HigazyVsTempleton05-4148-cv_opnWithdrawn.pdf. See pages 7-8. Scary stuff, and all too credible. And if any Bureau guys (or gals) out there are reading this, and think I trivialize your job by equating you with a mere administrative agent (via the above Murphy quote in context), take heart: if you honor your oath to defend the U.S. Constitution against all enemies, foreign and domestic (in large part by not becoming one of the domestic ones), you are “special” to me. Seriously, you have my support and respect. “One bad apple…” etc.

  2. Jim Maloney says:

    Re the question, “what is the nature of the substantive component of Latif’s claim?” etc.: I have pulled what appears to be the currently operative pleading (2d amended complaint), as well as the D.Ct. docket sheet, from PACER and made them available at:




    When first reading the above post, I had thought there ought to be an APA claim in there, and indeed there is. (If the APA doesn’t have the teeth to bite this Orwellian/Kafkaesque arrangement in the glutes, maybe it needs reform.)