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request.
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131. In June 2012, Agent Artousa and a new FBI agent, Defendant  John Doe #5, stopped
Mr. Algibhah while he was driving his car told him they wanted to speak with him. Mr.
Algibhah told Agent Artousa that after the last time that Agent Artousa questioned him,
Mr. Algibhah had been placed on the No Fly List. Agent Artousa denied placing Mr.
Algibhah on the No Fly List, but informed Mr. Algibhah that he would take Mr. Algibhah
off of the No Fly List in one week s time should their present conversation  go well and
should Mr. Algibhah work for them. John Doe #5 told Mr. Algibhah that  the
Congressmen can t do shit for you; we re the only ones who can take you off the list.
132. Mr. Algibhah answered the agents questions because he believed he was required to do
so in order to have his name removed from the No Fly List. Agents Artousa and John
Doe #5 asked Mr. Algibhah questions about his religious practices, his community, his
family, his political beliefs, and the names of websites he visited. They asked him where
he went to mosque and asked him about the types of people who go to his mosque. They
also asked him specific information, such as whether he knew people from the region of
Hadhramut in Yemen.
133. After this interrogation, the FBI agents again told Mr. Algibhah that they wanted him to
access some Islamic websites for them. They asked for his e-mail address and told him
that they would provide him with the names of websites, and that he would need to
access them and  act extremist. Mr. Algibhah understood these requests to be
conditions that he needed to satisfy to have his name removed from the No Fly List.
134. In order to end the lengthy and intimidating interaction with the FBI agents, Mr. Algibhah
told the agents that he needed time to consider their request that he work as an informant.
Mr. Algibhah did not want to become an informant, but in the hope of being removed
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from the No Fly List, he assured the agents that he would work for them as soon as they
took him off the No Fly List. Agent Artousa responded that he  didn t need to worry,
removing his name would only take one week. Approximately ten days later, Agent
Artousa called Mr. Algibhah and told him that he was working on removing Mr.
Algibhah s name from the No Fly List, but that it would take a month or more to do so
and that he would have to meet with Mr. Algibhah one more time. Agent Artousa
reiterated that it would be very helpful if Mr. Algibhah decided to become an informant.
Agent Artousa also told Mr. Algibhah that only the FBI could remove his name from the
No Fly List. Mr. Algibhah told Agent Artousa to call before he came, but Agent Artousa
neither called nor ever came.
135. Mr. Algibhah was not and is not a  known or suspected terrorist or a potential or actual
threat to civil aviation. The Special Agent Defendants who dealt with Mr. Algibhah,
including Artousa and John Doe #5, had no basis to believe that Mr. Algibhah was a
 known or suspected terrorist or potential or actual threat to civil aviation. Had Mr.
Algibhah actually presented a threat to aviation safety, Agents Artousa and John Doe #5
would not, and could not, have offered to remove Mr. Algibhah from the List merely in
exchange for his willingness to become an informant. Yet, knowing that Mr. Algibhah
was wrongfully placed on the No Fly List, Agents Artousa and Defendant John Doe #5,
kept him on the No Fly List to retaliate against Mr. Algibhah s exercise of his
constitutionally protected rights and to coerce him into becoming an informant.
136. After this third attempt by the FBI agents to use the No Fly List to coerce him into
becoming an informant, Mr. Algibhah retained legal counsel in late June 2012. His
counsel spoke to Agent Artousa that month, who confirmed that the FBI could be  of
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assistance in removing Mr. Algibhah from the No Fly List, and mentioned again that he
wanted Mr. Algibhah to go on Islamic websites, looking for  radical, extremist types of
discussions, and  perhaps more aggressive information gathering.
137. On or about August 28, 2012, Mr. Algibhah s neighbor was visited by the FBI and asked
about Mr. Algibhah. FBI agents also went to two stores in his neighborhood asking about
Mr. Algibhah.
138. In November 2012, Mr. Algibhah, through his counsel, informed Agent Artousa that he
would only speak with the FBI on the condition that he be removed from the No Fly List
and allowed to travel to Yemen. In response, Agent Artousa said that he would speak
with his supervisors to look into this possibility and would inform Mr. Algibhah s counsel
of their response.
139. FBI Agent Artousa did not immediately respond to Mr. Algibhah s request via his
counsel. Mr. Algibhah did not hear from the FBI for approximately six to seven months.
On or about May 29, 2013, Agent Artousa again reached out to Mr. Algibhah, telling him
that Agent Artousa was still interested in helping Mr. Algibhah get off the No Fly List and
that he wanted to meet with him. Mr. Algibhah told Agent Artousa that he should contact
Mr. Algibhah s counsel about the matter.
140. That same day, Mr. Algibhah s counsel reached out to Agent Artousa, who informed
counsel that he was simply reaching out to Mr. Algibhah to  touch base regarding the
matters he had previously discussed with him. Agent Artousa stated he was still [ Pobierz całość w formacie PDF ]