Judge Nap: Muslims Suing over Terror Watch List Must 'Pierce Veil of Secrecy' to Win
More than a dozen Muslim Americans have filed a class action lawsuit after being placed on the terror watch list.
These 18 individuals are now seeking monetary damages for the “unpleasant and constitutional” consequences of having their names on the list, Stuart Varney reported.
Judge Andrew Napolitano joined Fox Business’ Varney & Co. this morning to weigh in on their chances of a court victory.
In order to win, these people would have to "pierce the secrecy" to “find out why and how” they got on the list, he said.
They would then have to “demonstrate that it was done arbitrarily or unconstitutionally,” such as on racial, ethnic or religious grounds.
But “the government doesn’t want to reveal that, because they like to put people on the list under the veil of secrecy,” said the Fox News senior judicial analyst.
Isn’t there a role for secrecy in government when it comes to fighting terror? Varney asked.
“You must also protect the rights of those who have no involvement with it whatsoever,” Judge Napolitano replied.
“If you lump people together, because of their skin color or their name or religion, you violate profound values in the Constitution, as well as much federal law.”
Watch his full analysis, above.