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So is he the actual person on the list or is it just someone that shares his name?
Since he is the one taking the government to court to get his name off the list, then HE needs to prove his case. He isn't being charged with anything, like you said, HE is charging the government with something and now the burden of proof is for him to prove that he was wrongfully put on the list. The only way to do that would be to prove why he isn't a terrorist. This time the government is "INNOCENT UNTIL PROVEN GUILTY".
He is probably on the list because his wife owns a store that sells islamic literature that according to her is "non political"
From the CNN article..
"She runs a small business selling books and DVDs about Islam, publications she describes as nonpolitical"
A part of me feels bad for this guy. But in todays world, if you marry a girl from Pakistan and convert to Islam, you're just asking for trouble! Especially if you are an airline pilot. Keep this guy on the ground until we know for sure what the deal is.