“The recipients have six months to respond before the
lawsuit moves forward in federal court. Bill Kingsford, a spokesman for the
Spokane sector, declined a request for comment on behalf of the agency, saying,
“We don’t comment on current litigation.”
It is too bad other Media didn’t contact Bill Kingsford and
ask the right questions prior to the inevitable ACLU claim against CBP. I and
CBP were expecting this and certainly Mohanad Elshieky, Mohanned El-Shieky,
Muhanad Saleh, whatever his name is MAY BE a good pick by the ACLU for an
individual with “standing” to purse a claim against the US Government or he may
NOT BE depending upon the extent DOJ looks into the issue to defend the claim.
Elshieky’s social media account of the incident, whether true or not, received
national attention and even an apology from current City of Spokane Council
President and candidate for Mayor of the City of Spokane Ben Stuckart. It would
appear that Mr. Stuckart and others actually just jumped to conclusions without
much in the way of checking the facts.
When this whole issue was brought to the forefront by the
comedian, it immediately struck me as odd so prior to contacting Agent
Kingsford, like any Investigative Reporter would, I did a little background on
the comedian and took note of the fact that he has used a number of different
names while he has been here in the US.
I also wanted to determine whether CBP’s preliminary and
cursory inquiry into the allegation had come up with anything which may have
been a violation of CBP policy a policy which was established to conform with
Almeida-Sanchez v. United States the SCOTUS a Carroll Doctrine case and the
case that Breean Beggs and the ACLU are hanging their hat on when it comes to
bus searches by CBP.
During my interview with Agent Kingsford, he was very open
and told me that they had no evidence at that point that CBP policy and procedure
had been violated, whether or not anything else has come up since that
interview I don’t know and of course it would be inappropriate for Kingsford to
comment now because of the ongoing possibility of litigation, however if there
was a policy violation I’m sure the ACLU will bring it forward if this thing
gets to Court.
Having done my share of “Terry Stops”, and actually teaching
the reasonable suspicion aspect to Rookie Cops, I of course asked Agent
Kingsford whether or not the fact that the name on the comedian’s bus ticket
being completely different from other documents he provided to the CBP agents
would have been an additional reasonable suspicion element to detain and check
further. Kingsford obviously and rightfully answered in the affirmative.
It looks like CBP is going to get beat up by most of the
local and national media folks, so I thought I would just throw in a little
I honestly wish our local elected officials would spend as
much time worrying about the possibility that our own SPD is violating Civil
Rights rather than worrying about what the Feds are doing!