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The <em>Intercept</em> on NCTC Guidance for Putting People on Terrorism Watchlists

Wells Bennett
Wednesday, July 23, 2014, 4:30 PM
Over at the Intercept, Jeremy Scahill and Ryan Devereaux have this piece on the NCTC's guidelines for adding citizens and foreigners to terrorism watchlists.

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Over at the Intercept, Jeremy Scahill and Ryan Devereaux have this piece on the NCTC's guidelines for adding citizens and foreigners to terrorism watchlists. Their article opens:
The Obama administration has quietly approved a substantial expansion of the terrorist watchlist system, authorizing a secret process that requires neither “concrete facts” nor “irrefutable evidence” to designate an American or foreigner as a terrorist, according to a key government document obtained by The Intercept. The “March 2013 Watchlisting Guidance,” a 166-page document issued last year by the National Counterterrorism Center, spells out the government’s secret rules for putting individuals on its main terrorist database, as well as the no fly list and the selectee list, which triggers enhanced screening at airports and border crossings. The new guidelines allow individuals to be designated as representatives of terror organizations without any evidence they are actually connected to such organizations, and it gives a single White House official the unilateral authority to place “entire categories” of people the government is tracking onto the no fly and selectee lists. It broadens the authority of government officials to “nominate” people to the watchlists based on what is vaguely described as “fragmentary information.” It also allows for dead people to be watchlisted.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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