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Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Old Jan 20, 11, 8:23 pm
  #1261  
 
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Breedon said, in close to these words: "I don't know why the TSA checks IDs. I just do what they tell me to do." It was quite a moment.
Priceless, but at least the guy was being honest. Can we consider Breedon as a spokesperson for the TSA, and under oath has admitted that he has no clue as why ID is important to be a passenger on an airplane.
This can't be good for the prosecution, nor the TSA.
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Old Jan 20, 11, 9:13 pm
  #1262  
 
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Originally Posted by bdschobel View Post
I flew to Albuquerque to attend the trial. I had numerous travel problems and didn't land until 1:00 a.m. last night, then had to get up at 7:00 to get to the courthouse when it opened at 8:00. Being somewhat tired, I may leave something out, but I have my niece here to help me write this report. She attended the whole day with me.

*snip*

I'll report on day 2 tomorrow.

Bruce
hi bruce
I was also there, back row on aisle. I had a slightly different take. While I agree with the very junior prosecutor and senior advisor - I got the impression that they thought it was a slam duck case and good for the junior's CV. I thought that today was even or slightly against Phil. If the cop comes off well tomorrow, I think Phil is in trouble.

Hopefully I will see you tomorrow. I am the long haired hippy looking guy in his 60s.

Last edited by essxjay; Jan 21, 11 at 1:13 am Reason: brevity
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Old Jan 20, 11, 10:12 pm
  #1263  
 
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Originally Posted by IslandBased View Post
Bruce-
^^^^^^^

Great job of reporting. Sounds like Phil is in very good hands.

My thanks for your efforts.:-:
^^^^^^

Many thanks from me as well, for lending support to Mr. Mocek.
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Old Jan 20, 11, 10:20 pm
  #1264  
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Bruce! Thanks for the detailed and for showing your support! ^^^
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Old Jan 20, 11, 11:20 pm
  #1265  
 
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Originally Posted by bdschobel View Post
Instead, Breedon said, in close to these words: "I don't know why the TSA checks IDs. I just do what they tell me to do."
I find this exceptionally troubling.

A government actor is doing a job with no rhyme, reason or concern other than the fact that he is told to do so.

If he was told to insert his fingers into the vagina of any female passenger that set off the WTMD, would he do it? What about doing a full body strip search and examination of a 5-year-old boy?

This is exactly the type of citizen that will sit back and allow "Mr. President" to become "Dear Leader" and allow a Pinochet-like ruler to whisk people away never to be heard from again.

Disgraceful.
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Old Jan 21, 11, 12:48 am
  #1266  
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Originally Posted by bocastephen View Post
Two letters...

O J
You can says objections and overruled.

Let me know if you hear Phil's trials doing tomorrow and I will hear it. If his case will eventually to wins against TSA/APD.
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Old Jan 21, 11, 2:27 am
  #1267  
 
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Originally Posted by bdschobel View Post
I flew to Albuquerque to attend the trial. I had numerous travel problems and didn't land until 1:00 a.m. last night, then had to get up at 7:00 to get to the courthouse when it opened at 8:00. Being somewhat tired, I may leave something out, but I have my niece here to help me write this report. She attended the whole day with me...

...I'll report on day 2 tomorrow.

Bruce
Many thanks, both to you and the young lady. I hope you're getting some good family time out of all of this.
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Old Jan 21, 11, 7:23 am
  #1268  
 
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Originally Posted by PhoenixRev View Post
I find this exceptionally troubling.

A government actor is doing a job with no rhyme, reason or concern other than the fact that he is told to do so.
That's one of the (many) problems with SSI. If you're told that it's vitally important to do the job exactly the way proscribed in the SOP, but are also told that the reasons for doing so can't be revealed because of "security concerns", what other recourse do you have?

There is a time and a place for compartmentalized information. Not everyone has to understand all the reasons behind everything they do. I'm sure the HR staff at the CIA aren't regularly briefed about covert operations in Afghanistan.

The real issue here, IMHO, is that the reasoning behind requiring ID documents seems somewhat suspect.
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Old Jan 21, 11, 7:41 am
  #1269  
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Originally Posted by Pluma View Post
Priceless, but at least the guy was being honest. Can we consider Breedon as a spokesperson for the TSA, and under oath has admitted that he has no clue as why ID is important to be a passenger on an airplane.
This can't be good for the prosecution, nor the TSA.
All he had to do was to quote his former boss, the estemmed Mr. Hawley, who said on PV: "ID matters."
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Old Jan 21, 11, 7:41 am
  #1270  
 
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With the court's permission, we've been recording the trial, and will post full audio at PapersPlease.org as soon as we can get it processed.

Here's our report from the first day of the trial:

http://www.papersplease.org/wp/2011/...-moceks-trial/

Many more news reports are linked at the bottom of our FAQ:

http://www.papersplease.org/wp/mocek

If anyone has a copy of the *latest* version of the TSA "Certification Of Identity" form (the one they give you to sign if you don't have ID) or knows where it's posted online, please get it to pmocek or send him a pointer ASAP.
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Old Jan 21, 11, 8:01 am
  #1271  
 
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Originally Posted by bdschobel View Post
He acknowledged that he ordered Phil to stop filming but never told Phil why at the time. In court, he explained that the camera could potentially capture (1) SSI information (i.e., the form that Breedon was using to record Phil's information -- which could hardly be secret before completion!) and (2) the x-ray monitors, which faced the opposite direction and were quite far away. Thus, his excuses for violating TSA's own posted messages about allowing filming and videotaping appeared hollow, though Phil's lawyers didn't quite demolish Breedon on those points.
Under the CFR's, it is the duty of "covered persons" to protect SSI. That would apply to TSO's, but not to Phil. The TSO's appropriate response should have been to ensure that Phil could not see the "form" or the monitors, not to require him to stop filming.

If Phil was in a public place and the filming was "not interfering with the screening process" (which I don't believe he was since the filming did not interfere with what was being required of him to transit the checkpoint), then no issue should have existed. But we continue to hear about LEO's and TSO's that don't know the rules.
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Old Jan 21, 11, 8:24 am
  #1272  
 
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Originally Posted by ehasbrouck View Post
If anyone has a copy of the *latest* version of the TSA "Certification Of Identity" form (the one they give you to sign if you don't have ID) or knows where it's posted online, please get it to pmocek or send him a pointer ASAP.
I assume that this is not the latest.
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Old Jan 21, 11, 8:24 am
  #1273  
 
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Originally Posted by ehasbrouck View Post
If anyone has a copy of the *latest* version of the TSA "Certification Of Identity" form (the one they give you to sign if you don't have ID) or knows where it's posted online, please get it to pmocek or send him a pointer ASAP.
Found this. Not sure if latest version.

http://papersplease.org/wp/wp-conten...checkpoint.pdf
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Old Jan 21, 11, 12:25 pm
  #1274  
 
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If you can't see the form, how do you get to see the privacy disclosure notice on the bottom telling you how your information is going to be used before you surrender the information ?

It seems to me, that the information (once filled out) is SSI to protect the applicant, not the surveyor.
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Old Jan 21, 11, 2:04 pm
  #1275  
 
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Originally Posted by Pluma View Post
Found this. Not sure if latest version.

http://papersplease.org/wp/wp-conten...checkpoint.pdf
Although this document has a Privacy Act verbiage, it cannot be a valid version. All valid documents under the Privacy Act and the Paperwork Reduction Act, (44 USC 3512) have an OMB control number. Without that number, unless they have another law that allows it, they may not require an answer.

§ 3512. Public protection

(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if--

(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or

(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.

(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
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