No-fly list's "T. Kennedy" irks senator

By Sara Kehaulani Goo
The Washington Post

Sen. Edward Kennedy was stopped five times.

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Federal air-security officials said the initial error that led to scrutiny of the Massachusetts Democrat should not have happened even though they recognize that the no-fly list is imperfect. But they privately acknowledged embarrassment that it took the senator and his staff more than three weeks to have his name removed.

Kennedy's air-travel troubles came to light yesterday at a Senate Judiciary Committee hearing on the Sept. 11 commission's recommendations. Security, intelligence and law-enforcement agencies established the no-fly list after the 2001 attacks.

A senior administration official who spoke on condition he not be identified said Kennedy was stopped because the name "T. Kennedy" has been used as an alias by someone on the list of terrorist suspects.

While he worked to clear himself, Kennedy kept having to wait in the terminal at Washington's Reagan National, Boston's Logan International and at least one other airport, his staff said. All the flights were on US Airways. When the senator checked in at the counter, airline employees told him they could not issue a boarding pass because he appeared on the list. Kennedy was delayed until a supervisor could be summoned to identify him and give approval for him to board the plane.

The government does not make public the names or total number of people on the list, which officials say is updated constantly. According to FBI documents obtained by the American Civil Liberties Union under a Freedom of Information Act request, more than 350 Americans have been delayed or denied boarding since the list's inception. The list hasn't led to any arrests, officials said.

The ACLU has filed a lawsuit on behalf of six Americans who have had experiences similar to Kennedy's. They include a Vermont college student, a retired Presbyterian minister and an ACLU employee.

"That a clerical error could lend one of the most powerful people in Washington to the list — it makes one wonder just how many others who are not terrorists are on the list," said Reggie Shuford, senior ACLU counsel. "Someone of Senator Kennedy's stature can simply call a friend to have his name removed, but a regular American citizen does not have that ability. He had to call three times himself."

Transportation Security Administration spokesman Mark Hatfield said the no-fly system occasionally causes problems because airlines are responsible for flagging passengers who show up on the list.

"Administration of the list clearly needs to be changed and consolidated to be government-managed," Hatfield said. "This points out the weakness in having the names checked against passengers at hundreds of different airlines at thousands of different airline counters across the country."

US Airways declined to comment on Kennedy's experience, but acknowledged he is a well-known traveler on the airline.

Copyright © 2004 The Seattle Times Company

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