TSA and the Law
#121
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Join Date: Jun 2005
Posts: 72,305

So you see, it wasn't lax gate security. And yet the traveling public has been forced to endure TSA as a response to the 9/11 hijackings - a level of security that wouldn't have prevented 9/11. Given these facts, how do you justify the existence of TSA?
The thing is, I work with TSA and DHS on a routine basis as part of my job, and if anyone deserves the label of ignorance, it would be you with regard to your view as to just how important TSA really is. Inside the Beltway in government, TSA is widely considered to be a joke.
Of course, when your leadership rejects an analysis of the current threats to aviation security produced by real aviation security professionals because it doesn't fit their preordained expectations, what do you expect.
Last edited by halls120; May 2, 2009 at 3:38 pm
#122


Join Date: Feb 2005
Location: Upstate NY or FL or inbetween
Programs: US former CP Looking for a new airline to love me
Posts: 1,694
The same thing can be said about your beliefs, Ron. 
....
The thing is, I work with TSA and DHS on a routine basis as part of my job, and if anyone deserve the label of ignorance, it would be you with regard to just how important TSA really is. Inside the Beltway in government, TSA is widely considered to be a joke.

....
The thing is, I work with TSA and DHS on a routine basis as part of my job, and if anyone deserve the label of ignorance, it would be you with regard to just how important TSA really is. Inside the Beltway in government, TSA is widely considered to be a joke.
As I'm sure you're aware, TSA = joke (and a bad, expensive, damaging one at that) is not a perspective specific to inside the Beltway.
#123
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Join Date: Jun 2005
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#124




Join Date: Mar 2005
Location: boca raton, florida
Posts: 621
I'm pretty confident which 50% of the TSA screeners TSScreenerRon falls into. But he is doing a better job than I can proving why TSA screeners should be treated in the same manner that the TSA treats people.
I'm going to keep my fingers crossed that I'll have the chance to run into him one day at a checkpoint or even better on the General Aviation side of the FAR part 139 aircraft operating area.
#125
Join Date: May 2009
Posts: 10
I am amazed. Although I am not a lawyer, I was required to take some law classes for my degree.
I agree that TSA appears to have ignored the Constitution.
FYI - I also spent 10 years in the military.
TSORon, I respect your service to our country. However, during your swearing in, you swore to defend the Constitution of the United States. At least I did, every time I re-enlisted.
The 4th Amendment is very clear. The search(es) you perform is administrative.
Routinely, TSA finds my pocket knife, which I always carry with me. It is in the tub along with everything else that I take out of my pockets to prevent the metal detector from beeping. I am then escorted back around. I return to my truck and secure my knife. I have carried it for over 20 years. Like my wedding band, I feel naked without it. I am a frequent flier on commercial airlines and also a pilot.
My time in the military taught me many things. One of them was the difference between military and civilian life. In fact, I have told many that I would rather be arrested on-base than off. Things in the military were very structured and tended to be black and white. Although I was never arrested, I knew exactly what to expect from the SP's. I also knew that my CO would press for discipline, if an SP was out of line.
You ask for specifics. They were given. Yet, your responses are not direct and fail to provide any 3rd party support for your position.
Could we just address the shoe removal issue? Let's limit the discussion to that topic.
Regarding shoe removal, you have responded, but not defended TSA's position.
"Name other countries that require passengers to remove their shoes for X-ray prior to boarding a flight? This cannot include countries that require shoe inspection when flying to the United States. I doubt if you can name five. Countries like Israel, France, Germany, England, Spain, and Italy have all had past or current problems with terrorists and yet they don’t have this poorly designed policy." - magellan315
You never answered his question, yet it should be easy to defeat. Locate another country that has been attacked by terrorists AND requires shoe removal. Locate a web site and quote (or link to it) in your response.
If magellan315 is correct and we are the only country that requires this, then challenging TSA's position is warranted. We share the same intelligence. Why are they not requiring shoe removal?
The question is simple and straight forward. Please answer.
I do have an answer:
"I believe that TSA continues this dance to avoid being challenged in other areas. If they stopped requiring the removal of shoes, then the public might expect them to stop gate searches."
I agree that TSA appears to have ignored the Constitution.
FYI - I also spent 10 years in the military.
TSORon, I respect your service to our country. However, during your swearing in, you swore to defend the Constitution of the United States. At least I did, every time I re-enlisted.
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
The UCMJ provides specific guidance concerning lawful orders.The 4th Amendment is very clear. The search(es) you perform is administrative.
Routinely, TSA finds my pocket knife, which I always carry with me. It is in the tub along with everything else that I take out of my pockets to prevent the metal detector from beeping. I am then escorted back around. I return to my truck and secure my knife. I have carried it for over 20 years. Like my wedding band, I feel naked without it. I am a frequent flier on commercial airlines and also a pilot.
My time in the military taught me many things. One of them was the difference between military and civilian life. In fact, I have told many that I would rather be arrested on-base than off. Things in the military were very structured and tended to be black and white. Although I was never arrested, I knew exactly what to expect from the SP's. I also knew that my CO would press for discipline, if an SP was out of line.
You ask for specifics. They were given. Yet, your responses are not direct and fail to provide any 3rd party support for your position.
Could we just address the shoe removal issue? Let's limit the discussion to that topic.
Regarding shoe removal, you have responded, but not defended TSA's position.
"Name other countries that require passengers to remove their shoes for X-ray prior to boarding a flight? This cannot include countries that require shoe inspection when flying to the United States. I doubt if you can name five. Countries like Israel, France, Germany, England, Spain, and Italy have all had past or current problems with terrorists and yet they don’t have this poorly designed policy." - magellan315
You never answered his question, yet it should be easy to defeat. Locate another country that has been attacked by terrorists AND requires shoe removal. Locate a web site and quote (or link to it) in your response.
If magellan315 is correct and we are the only country that requires this, then challenging TSA's position is warranted. We share the same intelligence. Why are they not requiring shoe removal?
The question is simple and straight forward. Please answer.
I do have an answer:
"I believe that TSA continues this dance to avoid being challenged in other areas. If they stopped requiring the removal of shoes, then the public might expect them to stop gate searches."
#126


Join Date: Feb 2005
Location: Upstate NY or FL or inbetween
Programs: US former CP Looking for a new airline to love me
Posts: 1,694
I believe your answer to be correct. If TSA is seen to be backing away from one facile thing they do, the circus as a whole becomes visible in a different light, and is in danger of collapse
ie how could shampoo be dangerous yesterday, but not today? People only passingly involved will begin to question the whore
on water, the nonsensical demands for GIPID to check against your home printed BP, the need to have shoes upright in the X-Ray, as well as more telling ignorance symptoms such as the blind spots for non-liquid explosives.
#127
Join Date: Apr 2009
Location: FrostByte Falls, Mn
Programs: Holiday Inn Plat NW gold AA gold
Posts: 2,157
The question is simple and straight forward. Please answer.
I do have an answer:
"I believe that TSA continues this dance to avoid being challenged in other areas. If they stopped requiring the removal of shoes, then the public might expect them to stop gate searches."
It might go as far as; if they were wrong on the shoe issue, what other things are they wrong about? That would open TSA to a scrutiny they know they would never endure without people being fired and possibly having charges filed against them in federal courts.
#128
Join Date: Jul 2008
Location: Florida
Posts: 3,006
I'm not sure what "properly" means, but the above is false in terms of the law as it's applied in the US. You only need to have intent to do the thing that's against the law; you need not know that it's against the law. It's illegal to juggle without a license in Hood River, OR. If some visitor to the city juggles, they've violated that law as long as they intended to juggle. The fact that they didn't know it was illegal (friends of mine who grew up there know it), is irrelevant.
The intent to break a law is against the law so that separation is moot.
I thought I was clear that my statement pertained to criminal matters, the juggling without a license law you referred to is most likely a civil ordnance or law, similar to most traffic laws.
As Holmes wrote in The Common Law,
"A law which punished conduct which would not be blameworthy in the average member of the community would be too severe for that community to bear."
Please note I am NOT saying that you can use as an excuse that you did not know a particular statute existed.
#129
Join Date: Aug 2004
Posts: 4,704
Funny you should mention that. There is a story today about a cop that wrote a kid a ticket for wearing a NOBAMA shirt at a school function. The charges of "interference with staff of an educational facility," were dropped.
That charge does not sound like one a cop would act on his own if all the kid was doing was wearing a NOBAMA shirt and holding a McCain sign.
I think a school employee told the cop the sign was not allowed and that is what the cop acted on. (pure speculation on my part)
From the article.
Sounds exactly what you were talking about.
That charge does not sound like one a cop would act on his own if all the kid was doing was wearing a NOBAMA shirt and holding a McCain sign.
I think a school employee told the cop the sign was not allowed and that is what the cop acted on. (pure speculation on my part)
From the article.
Sounds exactly what you were talking about.
#130
Join Date: Aug 2004
Posts: 4,704
I'm not sure what "properly" means, but the above is false in terms of the law as it's applied in the US. You only need to have intent to do the thing that's against the law; you need not know that it's against the law. It's illegal to juggle without a license in Hood River, OR. If some visitor to the city juggles, they've violated that law as long as they intended to juggle. The fact that they didn't know it was illegal (friends of mine who grew up there know it), is irrelevant.
#133
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Join Date: Jun 2005
Posts: 72,305
As I've noted previously, a report prepared by an interagency experts on aviation security last year was rejected by Kip Hawley and his cohorts, in part because it didn't produce the answer he wanted. The report concluded that the biggest threat to aviation security was under the wing - cargo, not passengers. Since that would undermine the whole TSA Kabuki theatre, he rejected it.
#134
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Join Date: Mar 2008
Location: DFW
Posts: 30,988
As I've noted previously, a report prepared by an interagency experts on aviation security last year was rejected by Kip Hawley and his cohorts, in part because it didn't produce the answer he wanted. The report concluded that the biggest threat to aviation security was under the wing - cargo, not passengers. Since that would undermine the whole TSA Kabuki theatre, he rejected it.
Was this report ever released to any public source?
I would really like to read it.

