Originally Posted by Bart
I'm not saying that the TSA SOP is the end-all for defining the legality of a certain procedure. However, each time the SOP is updated, it undergoes a staffing process that includes a legal review by government lawyers. I don't think it's erroneous to assume that issues, such as the one you've raised, have already been addressed and considered. Even the language in "recommending" that a pair of shoes be removed.
While the OGC of an agency may review it, government lawyers are also notorious for coming up with explanations why they can or cannot do something.
Our Attorney General is probably most noted for this.
Every agency has its own agenda, and the lawyers are privy to it. And they do push the envelope at times on legality ... either venturing deep into gray areas or sometimes outright crossing the line because there's no existing precedent to determine if an action is legal or not. Otherwise we would be seeing the controversies out of Washington that we are now.