The Obama administration is fighting a federal judge's order requiring it to explain why the government places US citizens who haven't been convicted of any violent crimes on its no-fly database.
The administration is challenging the demand from US District Judge
Anthony Trenga, who is presiding over the Virginia federal court case.
In asking Trenga to reconsider his August 6 order, the government
responded last week: "Defendants request clarification of the purpose of
the requested submission so that defendants may respond appropriately."
Trenga's decision is among a series of setbacks to the government's
insistence that any serious discussion about the no-fly list—about how
people get on or off it—would amount to a national security breach.
A federal judge in June, for example, ruled that the Department of Homeland Security's method for the public to challenge placement on a no-fly list is unconstitutional.
The government was ordered to revise the removal process, which
was called "wholly ineffective." And just last month, a government
manual on how the authorities place people on the no-fly database—being a
terrorist not required—was leaked and published by The Intercept.