Originally Posted by
NY-FLA
Oh right, no-one at the parent agency, DHS, knew that TSA, being given the right to perform unlimited administrative searches, clearly and continuously, as a matter of policy even, transformed these administrative searches into criminal ones. (Of course I don't doubt DHS are rehearsing that position, to leave TSA twisting in the wind.) Whether the upcoming smackdown gets TSA only, or spreads to DHS as well, doesn't matter. Either way, its satisfying and very enjoyable to watch.
You would be surprised at how much operational leeway agencies are granted by their respective Departments.
In the case of DHS and TSA, remember that TSA predates DHS - it was created as an agency of DOT almost a year prior to the creation of DHS. Thus, TSA's regulations were largely already in place once they transferred over to DHS. Given the inherent problems associated with the creation of an entirely new Deaprtment, it wouldn't surprise me in the least bit that DHS OGC wasn't in a position for some time to exercise direct supervision of TSA operations.
However, DHS OGC is fully staffed (almost), and I know for a fact these two legal actions have focused their attention on TSA operations.