Originally Posted by
Pluma
Could these lawsuits backfire?
What if the courts rule that the TSA is within their rights to do the pat downs?
Just by hearing the sentiments of the average person, "Anything is OK if it keeps us safe", maybe the courts will see it the same way.
Courts apply a constitutional standard, not a "public sentiment" standard.
Who will be actually in court to defend the TSA? Their lawyers only?
Lawyers from the U.S. Justice Department.
Sorry to say this, but I really do not have much faith in our court system. It sold out long ago.
Apparently, you know very little about the court system.
Originally Posted by
PhlyingRPh
I have a question concerning evidence of checkpoint abuse...
Clearly, there are multiple cameras at most checkpoints and in cases of passenger abuse, presumably a lawyer could request camera footage from the timeframe in question. However, I have often wondered if the TSA has listening devices at checkpoints too. If not, these devices would in some ways be even more useful than the camera's in that they could potentially provide evidence of actual words spoken during an altercation. Would a FOIA request need to be filed in order to find out if listening devices with recorded footage is in fact available?
This raises an interesting point.
Discovery requests are always defined broadly, e.g. "All documents, regardless of media, which reference, refer or relate to the incident at the checkpoint." "Documents," in turn will be defined to include recordings of any sort. The question isn't how to request this material, but what to do if TSA lies (or invokes SSI). Part of the discovery process involves depositions -- questioning of parties with knowledge, under oath and penalty of perjury, before a court reporter who records the verbatim proceeding. A good lawyer (and I like to think I'm a good lawyer) can usually detect and pursue an evasive or incomplete response -- most people are really very bad at lying. If, in the course of a deposition, the witness reveals the existence of material that is responsive to the discovery request, the lawyer can go to court for an order compelling its production.
SSI is much more difficult to deal with -- there are lots of ways, including in camera inspection by the judge (the judge looks the material over and decides whether it is relevant and admissible), etc. However, most judges abide by the government claim that the material implicates national security.