Colorado Lawyer Files Injunction Against Janet Napolitano and TSA
Nov 27, 2010 | 8:24 pm
#1
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Colorado Lawyer Files Injunction Against Janet Napolitano and TSA
Gary D. Fielder, in his individual capacity, brings this action under the Fourth Amendment to the Constitution of the United States of America to enjoin certain agencies of UNITED STATES OF AMERICA, namely, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION, and its chief executive officers, respectively, from continuing to unreasonably search the people of the United States of America through the use of whole body imaging scanners and enhanced “pat down” procedures before boarding a commercial aircraft.
Currently, there are over 330 million citizens of the United States, none of whom have ever engaged in any terrorist activity onboard a commercial airliner, at any time or place on the planet Earth. Despite that fact, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION have turned their effort to “keep us safe,” not on terrorists (who from time-to-time threaten the security of the nation), but on its people—who throughout history have shown and established a collective spirit to care for itself and specifically not terrorize others in or outside of the country.
The terrorist’s job is to terrorize the people—to interfere with freedom in such a way that disrupts ordinary life and commerce. With due respect, it is clear that the above referenced governmental agencies are aiding the terrorists’ objective to: fear monger, disrupt travel, cause great expense, pit the people against one another, restrict commerce, destroy our freedom, and (through the photographing and touching of our private areas) infuse the people with negative, and quite literally, radioactive energy.
Accordingly, it is with great sadness and much reservation that one citizen stand-up to the most powerful country in the world to ask that it be enjoined by this Honorable Court from unreasonably searching one of its own, when no reasonable and articulable basis exist to go beyond the use of conventional and time-tested methods of metal and contraband detection.
Currently, there are over 330 million citizens of the United States, none of whom have ever engaged in any terrorist activity onboard a commercial airliner, at any time or place on the planet Earth. Despite that fact, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION have turned their effort to “keep us safe,” not on terrorists (who from time-to-time threaten the security of the nation), but on its people—who throughout history have shown and established a collective spirit to care for itself and specifically not terrorize others in or outside of the country.
The terrorist’s job is to terrorize the people—to interfere with freedom in such a way that disrupts ordinary life and commerce. With due respect, it is clear that the above referenced governmental agencies are aiding the terrorists’ objective to: fear monger, disrupt travel, cause great expense, pit the people against one another, restrict commerce, destroy our freedom, and (through the photographing and touching of our private areas) infuse the people with negative, and quite literally, radioactive energy.
Accordingly, it is with great sadness and much reservation that one citizen stand-up to the most powerful country in the world to ask that it be enjoined by this Honorable Court from unreasonably searching one of its own, when no reasonable and articulable basis exist to go beyond the use of conventional and time-tested methods of metal and contraband detection.
http://www.informationliberation.com/?id=33447
Last edited by Deinonychus; Nov 27, 2010 at 8:30 pm
Nov 27, 2010 | 8:33 pm
#6
Join Date: Nov 2010
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http://www.youtube.com/watch?v=Ni4GVWvT2Zs
Mo McGowan is considered a "Plank Holder"/founder of TSA but tsa.gov decided to scrub his bio after this incident:
http://i.imgur.com/agAje.png
http://www.reddit.com/r/politics/com...x_news/c15p4bi
Nov 27, 2010 | 8:34 pm
#7
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Well it isn't John Pistole, but here is Mo McGowan saying that:
http://www.youtube.com/watch?v=Ni4GVWvT2Zs
Mo McGowan is considered a "Plank Holder"/founder of TSA but tsa.gov decided to scrub his bio after this incident:
http://i.imgur.com/agAje.png
http://www.reddit.com/r/politics/com...x_news/c15p4bi
http://www.youtube.com/watch?v=Ni4GVWvT2Zs
Mo McGowan is considered a "Plank Holder"/founder of TSA but tsa.gov decided to scrub his bio after this incident:
http://i.imgur.com/agAje.png
http://www.reddit.com/r/politics/com...x_news/c15p4bi
How low can you get. Wow.
Nov 27, 2010 | 8:44 pm
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Nov 27, 2010 | 8:50 pm
#11
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It's a well-pleaded complaint. He's alleged specific violations and specific harm. He has standing. The complaint should survive a 12(b)(6) motion (failure to state a claim). If it survives the procedural challenge it will proceed on the merits. What will be particularly interesting is discovery.
Nov 27, 2010 | 9:17 pm
#12
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It's a well-pleaded complaint. He's alleged specific violations and specific harm. He has standing. The complaint should survive a 12(b)(6) motion (failure to state a claim). If it survives the procedural challenge it will proceed on the merits. What will be particularly interesting is discovery.
- Claimant requests all documents regarding the policies and decision making around implementation of body scanners and equivalent pat downs.
- Claimant requests all documents regarding safety research into the scanners
- Claimant requests all documents relating to test procedures and resulting metrics used to evaluate the machines.
- Defendant responds to all requests with motions to suppress based on Executive Privilege, or State Secrets Doctrine.
- Regardless of judges response to these motions, very few, if any additional documents that aren't public will be released. Any new documents that are filed will be filed under seal to protect competitive interests of OSIS/LLL or in deference to aforementioned Executive Privilege/State Secrets Doctrine.
- Defendant attempts to shut down the entire case on national security grounds and something about overwhelming public safety interest. This motion may or may not pass depending on how sympathetic the judge is to the case.
- If the case is still going at this point, legislative steps will be taken to retroactively protect DHS/TSA officials, and employees from legal consequences, a few congressmen will oppose it, but it will pass attached to a tax cut, defense spending, or other unrelated bill with wide support, and a fancy name like the Start Thinking Of the Children's and Kid's Safety Regarding Intrusive Scanner Energy act.
In other words, this case will be decided on existing publicly available information, and play out very similar to the NSA/AT&T warrant less wiretapping case. Hoping to get any new info about the new procedures or the history of their implementation through this lawsuit is wishful thinking at best. Regardless of the outcome, none will be held accountable for any laws broken, but *maybe* just *maybe* if we get lucky a judge along the way will have some common sense and at least put an end to the enhanced pat down madness.
Not a lawyer, but this has all happened before
. As you say, the best thing he has going for him is that he has clear standing even without additional data (one of the biggest problems with the warrant less wiretapping cases was that no single individual could prove standing while the government was exerting state secrets doctrine to keep from responding to any discovery requests)
Nov 27, 2010 | 9:25 pm
#13
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I agree. Lets hope Colorado governor will kicked all TSA agency out of Airports immediately. Because it was reason why it is violations of the 4th. This is not real specific time for me at all. Lets hope legislation will removed all TSA out of airports and I do not appreciate it for TSA behaviors. I am too embarrassment for what TSA done something wrong. Fired TSA immediately.
Nov 27, 2010 | 10:07 pm
#14
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It's a well-pleaded complaint. He's alleged specific violations and specific harm. He has standing. The complaint should survive a 12(b)(6) motion (failure to state a claim). If it survives the procedural challenge it will proceed on the merits. What will be particularly interesting is discovery.
Counselor Fielder interviewed in March 2010 about his fight against The Naked Body Scanner
Last edited by Fredd; Nov 27, 2010 at 10:13 pm Reason: adding a link