This video has been forwarded to Maryland news media outlets, every member of the Maryland General Assembly and every member of the Maryland Senate. It was forwarded to each lawmaker with the following message:
The Maryland Legislature has a duty to only enact laws that comply with the U.S. Constitution. Each of you took an oath. You have a responsibility to consider the significant legal expense and burden that enacting an unconstitutional law will place on the state. You are also responsible to only enact laws that are based on factual information, not political bias or political party appeasement.
With regard to the subject bills, the legal standard of "Probable Cause" is the minimum standard required to deny or restrict an individual’s rights and must be supported by due process according to the U.S. Constitution. Due process generally requires the following elements, none of which are afforded to individuals under the subject bills:
- An unbiased tribunal.
- Notice of the proposed action and the grounds asserted for it.
- Opportunity to present reasons why the proposed action should not be taken.
- The right to present evidence, including the right to call witnesses.
- The right to know opposing evidence.
- The right to cross-examine adverse witnesses.
- A decision based exclusively on the evidence presented.
- Opportunity to be represented by counsel.
- Requirement that the tribunal prepare a record of the evidence presented.
- Requirement that the tribunal prepare written findings of fact and reasons for its decision.
The database labeled “The Terrorist Watchlist” is actually not a watch list at all. It was designed for the collection of information regarding an individual that may, through additional data collection and analysis, rise to the level of the individual's inclusion on the “No-Fly List” or justify further investigation. Inclusion on the list itself does not result in an investigation or even rise to the level of reasonable suspicion.
Because probable cause has not been established prior to an individual being placed on the "Terrorist Watchlist" and because there is no due process afforded, using the list to restrict a citizen's rights is a violation of the U.S. Constitution.
These bills must be opposed.
