Wartime interpreter says his problems with FBI began with co-worker in Afghanistan

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March 29, 2017 2:14 PM

Wartime interpreter says his problems with FBI began with co-worker in Afghanistan

Afghan allies from war on terror struggle to find the American dream

The State Department offers Special Immigrant Visas to Afghans who risked their lives translating and providing other services to U.S. and allied forces during the war on terror. Sacramento’s ethnic diversity and mild climate have made it a magnet for the

Jessica Koscielniak McClatchy

“We are pleased with the opinion, because it gives our client a shot at justice,” McMahon said, adding that Majid “so much believes in American values, and can’t believe why he’s being scrutinized by the FBI.”

Majid’s lawsuit claims the FBI invaded his privacy and violated his constitutional rights to due process, among other arguments. Last August, the FBI asked Kessler to dismiss the agency from the suit.

“There has been no waiver of sovereign immunity for a money damages claim,” the Justice Department said in a court filing. It further argued that Majid has “no individual right of access, to amend or to seek damages for inaccuracies in the FBI’s investigative files,” because such files in the agency’s Central Records System have been made exempt from the Privacy Act.

In her decision Tuesday, Kessler countered that “there is a major problem with the FBI’s argument” concerning potential investigative records because, she noted, some files may also be located outside of the Central Records System. This possibility keeps part of Majid’s complaint alive.

Kessler added, however, that sovereign immunity protected the FBI from Majid’s due-process complaint, while some other parts of the lawsuit weren’t addressed at all.

Michael Doyle: 202-383-6153, @MichaelDoyle10

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