TSA defies the courts (editorial)/EPIC mandamus

Discussion in 'Aviation Passenger Security in the USA' started by Doober, Jul 18, 2012.

  1. Caradoc

    Caradoc Original Member

    Same reason you'll never see Nappy walk into a Nude-O-Scope.
  2. TravelnMedic

    TravelnMedic Original Member

    ewwwwww just about went into a seizure on reading that...The Dude the dude looks like a lady...
  3. Elizabeth Conley

    Elizabeth Conley Original Member


    I hope this message sinks in with the TSA's apologists. I find the current administration's lawlessness deeply offensive. I would be hard pressed to point to who offends me most, Pistole, Holder, Napolitano or Obama.
  4. RB

    RB Founding Member

    And it's not just TSA that seems to disregard the laws of this nation. Many of the agencies of DHS plus the whole of the Justice Department seem to believe that our laws don't apply to them.

    When government refuses to abide by the laws of the land then we no longer have a government acting in the interest of the people.
    jtodd and Elizabeth Conley like this.
  5. Elizabeth Conley

    Elizabeth Conley Original Member

    Each POTUS takes his contempt for the rule of law a little further than the last. We desperately need a president who will return credibility to the Executive Branch, or a Judiciary and Legislative Branch willing to force the Executive Branch back within its proper boundaries.

    Needless to say, I don't pin any hopes on Obama or Obomney. They're both filth.
  6. RB

    RB Founding Member

    We can see Obama's lack of respect for the Constitution. However, we have no such evidence in Romney's case so I will withhold judgement on him. Hopefully we will have the opportunity next year.
  7. jtodd

    jtodd Original Member

    Careful, with those crooks running the country, you may be taken out by a drone or end up lost in some military prison overseas with no access to a lawyer or actually having been charged. Must conform and be a good party member.

    (sarcasm off, kind of)
  8. nachtnebel

    nachtnebel Original Member

    there is some basis of hope in this regard, since Mormons tend to know and revere the Constitution, experiencing oppression as they have historically. but yes, "hope" is the operative word. There really is no other choice as Obama is the reason we have the abusive practices we have at TSA.
  9. CelticWhisper

    CelticWhisper Founding Member

    I'm not quite as optimistic about Romney, Nacht.

    From what I can tell he's having to massively downplay his Mormonism to be taken seriously as a candidate. While nobody should reasonably see reverence for the SLotL as a bad thing, I wouldn't count on any religion-borne motives surviving the campaign trail.

    Aside from that, let's not forget that Chertoff is in Romney's little circle of conspirators. Nobody who affiliates with that monster is getting my vote. Yes, it's possible that he'll keep Chertoff in check, but I doubt it. Chertoff has too much money and influence to be trusted around a president.

    So far the only candidate who has, themselves, explicitly said they will act to curb TSA abuse is Gary Johnson. I really wish Jill Stein would make a stand on it as well but so far I haven't heard anything from her about it. I agree with her politics more than Johnson's overall, but if push comes to shove, I may have to cast my vote for Johnson on the matter of TSA.
    Doober and Elizabeth Conley like this.
  10. nachtnebel

    nachtnebel Original Member

    don't get me wrong. I live in California. Therefore, my vote doesn't count. I will not be voting for Romney, I will write in Ron Paul, maybe vote for Johnson, who I like, somewhat.

    But, just thinking who of these two likely winners will end up oppressing me, I think I'll be marginally less oppressed by the rich white guy, not the rich black guy who pretends he's one with the poor and oppressed.
  11. Sunny Goth

    Sunny Goth Original Member Coach

    Is Gary Johnson even on the ballot? If not, I'll write him in. :)
    Elizabeth Conley likes this.
  12. Mike

    Mike Founding Member Coach

    This is one of two areas where TSA has really been getting hammered in the media for the last 24 hours. There's really nothing new to report except that it seems like everyone is taking notice of & watching this case.

    The other area is general feedback & scorn after Halinski's pathetic performance in the oversight hearings.
  13. Mike

    Mike Founding Member Coach

    This is showing up in some Sunday papers ...

    Charlotte Observer: TSA flouts the law on body scanners

    For more than five years, the Transportation Security Administration has been deploying full-body imaging scanners in our nation’s airports. About 700 scanners have been deployed in nearly 190 airports nationwide. While the agency keeps installing these devices – which most people agree intrude on our privacy – there are real doubts whether these are actually making anybody safer. Yet because TSA failed to solicit public comments about the scanners – in violation of federal law – the agency is flying blind.
    In 2010, the Electronic Privacy Information Center sued the Department of Homeland Security to compel TSA to solicit public and expert input. In July 2011, the D.C. Circuit Court of Appeals ordered TSA to “promptly” begin a rulemaking to allow for legally required public comments.

    A year later, TSA has not even begun the process. The law empowers courts to compel agency action when it is “unreasonably delayed.” TSA says it does not have the resources. But it has a discretionary budget larger than that of the entire federal judiciary and a staff larger than those of the Departments of State, Labor, Energy, Education, and Housing and Urban Development combined. This supposed lack of capacity has not prevented TSA from opening new proceedings on far less important matters, adding many more body scanners at airports nationwide, and launching the new PreCheck program for frequent fliers during the last year.
    Elizabeth Conley likes this.
  14. lkkinetic

    lkkinetic Original Member

    Yes, in all states (although the state of Michigan has manufactured a bureaucratic, administrative kerfuffle that might be a problem there ...). I'm of the mind that Obama and Romney are variations on a theme of control, two branches of the Authoritarian Party, and that people of all beliefs who are principled civil libertarians and outraged at the unanticipated lawlessness of the current administration should vote for Johnson. If he gets anything north of 5% of the vote the dominant duopoly will have to pay attention, and I think that's our best hope for avoiding becoming a 21st-century Rome.
  15. Frank

    Frank Original Member

    No, they won't. They'll find some way to marginalize him, changing the rules as they go. Look at what the GOP did to Ron Paul the last two election cycles.

    Third parties are tolerated, because the Gestapo uses them as traps for the unmutual. As the (expletive deleted) from DISCO who tried to revoke my security clearance way back when put it: "If you're not a Democrat, and you're not a Republican, you're not an American."
    Elizabeth Conley likes this.
  16. lkkinetic

    lkkinetic Original Member

    They've marginalized Paul, but incorporated aspects of his arguments and positions, because they perceive that they have to appeal to Paul's voters. That's got to constitute progress; it's all we've got.
  17. Frank

    Frank Original Member

    They've pretended to, yes. We'll see what happens. What scares me is this ugly feeling in my gut that says whoever wins in 2012, there won't be an election in 2016.
    Elizabeth Conley likes this.
  18. Mike

    Mike Founding Member Coach

    Good update, this blog post also contains links to recent filing by the government (in opposition to EPIC's request for a writ of mandamus) and EPIC (responding to the government's opposition) ...

    Blog of Legal Times: Privacy Group Pushes TSA to Start Review of Airport Screening Program

    Privacy advocates are urging a federal appeals court in Washington to pressure the Transportation Security Administration to begin the rulemaking process on the agency's controversial airport screening program.

    The Electronic Privacy Information Center in July filed a petition in the U.S. Court of Appeals for the D.C. Circuit asking the court to force the transportation agency to initiate the process, which would allow the public to provide comment about the use of whole body imaging screeners.
  19. Mike

    Mike Founding Member Coach

    Nothing like poking a stick in the eye of the court and the American public -- while they are thumbing their nose at the court and ignoring the mandate for public comment, they have issued a quarter billion dollar contract for more Nude-O-Scopes.

    Government Security News: AS&E’s advanced imaging technology contract from TSA could reach $245 million

    TSA has awarded an indefinite delivery / indefinite quantity (IDIQ) contract to American Science and Engineering Inc., of Billerica, MA, to deliver an unspecified number of “second generation” Advanced Imaging Technology (AIT) screening systems for use at U.S. airports, whose maximum value cannot exceed $245 million.

    “The AIT-2 system provides Transportation Security Officers (TSOs) additional threat detection capabilities to locate potential threats concealed from view on a passenger,” explains the TSA’s solicitation document. “The AIT-2 system detects metallic and non-metallic anomalies* such as weapons, Improvised Explosive Device (IED) components and plastic threats.”

    * Except when they are hidden in the by now well-known Corbett Blind Spots.

    If you just arrived from Mars and still think these machines actually work, watch the video:

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