Denials Long a Feature of U.S. Foreign Policy
Nestmann Group, Ltd.
by Mark Nestmann: U.S.
Courts Penetrate Domestic Asset Protection Trusts
eggnog, opening gifts, along with a bout of flu, last week I reviewed
a fascinating article dealing with the near century-long tradition
of passport denials by U.S. officials.
You can read
the entire article here.
Dr. Jeffrey Kahn demonstrates that todays refusal by the U.S.
State Department to issue passports to suspected terrorists or those
suspected of possessing terrorist sympathies is nothing new. Indeed,
for decades, the authority to approve or deny a passport was vested
in a single State Department official. The decisions of this official,
Mrs. Ruth Shipley, werent subject to judicial review. Her
powers, and the arbitrary ways in which she employed them, were
conceptually little different from those existing today in terrorist
watchlists and similar government efforts.
headed the State Departments Passport Division from 1928 to
1955, and personally reviewed every passport application submitted.
Her decision was final, because until a 1958 Supreme Court decision,
passport denials werent subject to judicial review.
to todays modern screening methods to keep terrorists including
U.S. citizens from traveling in U.S. airspace. While the issuance
of a passport now is subject to judicial review, once you have it
in your possession, if youre on the FBIs Terrorist No
Fly List, you wont be allowed to leave or re-enter the
United States by air.
more, the Transportation Security Administration, which hears appeals
to individuals placed on the list, routinely refuses to confirm
or deny inclusion on the list. Nor will it disclose the basis for
your apparent inclusion, or to provide any assurances about future
travel. All you know is that you cant leave the United States
by air, and that if youre traveling abroad, you cant
re-enter the country. At least with Mrs. Shipley, you knew who had
made the decision to deny you a passport.
Want to appeal
the decision to place you on the No-Fly List? Good luck! Federal
law stipulates that appeals of this status may only be brought in
a U.S. federal court of appeals. The procedural and evidentiary
obstacles to such a challenge are overwhelming. The lawsuit that
has proceeded the furthest in the courts to challenge this policy
was filed in 2006 by a Malaysian student placed on the No-Fly List.
The lawsuit, filed in 2006, has already traveled twice to the U.S.
Court of Appeals for the 9th Circuit.
The most recent
ruling in the lawsuit came last week, when a district court judge
rejected the Obama administrations effort to use secret arguments
and evidence to throw out the case. I anticipate that the government
will now invoke the State Secrets Privilege to prevent
the lawsuit from moving forward. This court-created doctrine permits
the government to force a court to dismiss litigation that the government
believes would jeopardize U.S. national security.
In 1954, Ruth
Shipley was nominated for the Presidential Medal for Merit, the
highest civilian honor then awarded by the U.S. government. The
citation commended Mrs. Shipley who being alert to the dangers
inherent in the travel abroad of communists and other subversives,
initiated and steadfastly adhered to the policy of refusing passports
to applicants whose prior actions indicated that the proposed travel
would be inimical to the best interests of the United States.
List is the digitized 21st-century version of Mrs. Shipley. It has
the same purpose as well: to deny individuals whose views are deemed
to contravene current U.S. government policies. Moreover, the No-Fly
List plainly violates fundamental national and international laws.
On April 2, 1992, the United States ratified the Universal Declaration
of Human Rights. Article 13 of the Declaration states:
has the right to freedom of movement and residence within the borders
of each state. Everyone has the right to leave any country, including
his own, and to return to his country. Under Article VI, Section
2 of the U.S. Constitution, treaties made, or which shall
be, made, under the authority of the United States, shall be the
supreme law of the land.
national nor international law appears likely to stop the U.S. governments
concerted efforts to deny due process to those placed on the No-Fly
List. While todays mechanisms of travel control are far more
sophisticated than those that Mrs. Shipley had at her disposal,
the net effect is virtually identical: Both U.S. citizens and those
wishing to visit the United States are denied a fundamental human
youll never be placed on the No Fly List. But if you are,
youll appreciate the utility of a second passport, just
in case. No, you wont be able to leave or enter the
United States by air. But once youve departed, youll
be able to travel free of U.S. government imposed restrictions.
Group, Ltd. can assist individuals seeking a legitimate second citizenship
and passport through an economic contribution or investment in Dominica,
St. Kitts & Nevis, and in selected EU countries. Please contact
us for more information.
Nestmann [send him mail]
is a journalist with more than 20 years of investigative experience
and is a charter member of The
Sovereign Society’s Council of Experts. He has authored over
a dozen books and many additional reports on wealth preservation,
privacy and offshore investing. Mark serves as president of his
own international consulting firm, The
Nestmann Group, Ltd. The Nestmann Group provides international
wealth preservation services for high-net worth individuals. Mark
is an Associate Member of the American Bar Association (member of
subcommittee on Foreign Activities of U.S. Taxpayers, Committee
on Taxation) and member of the Society of Professional Journalists.
In 2005, he was awarded a Masters of Laws (LL.M) degree in international
tax law at the Vienna (Austria) University of Economics and Business
© 2013 Mark
Best of Mark Nestmann