“Concrete Facts” and “Irrefutable Evidence” Aren’t Needed to Add Someone to the Terrorist Watch List

Recently, I reported on the rapidly growing terrorist watch list in the United States. In the past 5 years, the government has been adding names to the list at an increasingly fast pace, peaking last year with 468,749 names being added.

Well, it seems part of that ridiculously high number may be explained by a new set of counterterrorism guidelines that were quietly implemented last year.

The Intercept is an online media outlet founded earlier this year by the man who broke the Snowden story, Glenn Greenwald, after he left The Guardian. Recently, they obtained a copy of a 166-page document from the National Counterterrorism Center called the “March 2013 Watchlisting Guidance”.

The document outlined new guidelines for adding names to the terrorist watch list. One of the key sections outlined how to establish “reasonable suspicion”. The new guidelines state that,

“Although irrefutable evidence or concrete facts are not necessary, to be reasonable, suspicion should be as clear and as fully developed as circumstances permit.”

One of the charts in the report. Click to enlarge

This basically means that the Counterterrorism Center can place any individual, foreigner or American, on the terrorist watch list without any real evidence.

This “irrefutable evidence or concrete facts are not necessary” clause also allows the Center to designate individuals as members of specefic terrorist organizations without any evidence that they are actually connected.

Surprisingly enough, the guidelines are officially labeled as unclassified, meaning that the public is technically able to view them.

However, both the Bush and Obama administrations have fought to keep the watch-list criteria a secret. In a recent example, Attorney General Eric Holder went so far as to invoke the state secrets privilege to avoid disclosing the criteria (he was defending the government from a lawsuit brought by a number of Muslims who were placed on the no-fly list with minimal supporting evidence).

News of these new guidelines comes just a day after UK’s official counter-terrorism watchdog said that Britain’s new definition of terrorism, “could catch political journalists and bloggers”.

You can check out all 166 pages of the “March 2013 Watchlisting Guidance” here. Read a full report on the document’s full contents in this exclusive piece from The Intercept.

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