I have previously written about how the Transportation Security Agency (TSA) set out to create a crime never approved by Congress: the crime of making a joke in an airport about security issues. The TSA has long appeared to chafe at the notion of an agency dependent on Congress or the public for its authority. That appears the message being sent to John E. Brennan. You may recall Brennan from a story last year when he stripped in the Portland International Airport in protest of increasing invasive TSA security measures. He was cleared by a judge who found his stripping was a form of protest. However, the TSA was clearly miffed by decision of the judge, so Brennan was pulled into the administrative abyss by TSA with an agency charge. It appears that, if the law will not punish a citizen, TSA will.
Agency fines and charges place citizens into a system that is heavily weighted in favor of the agency and denies basic due process protections found in courts. After the judge threw out the charge against Brennan, 50, the TSA got one of its administrative judges to fine him $1,000 for violating a federal rule stating passengers may not “interfere with, assault, threaten, or intimidate” TSA screeners. You may ask how stripping is an act of interference or assault or threat or intimidation. It does not matter. Once in the administrative process, the agency gets a huge degree of deference in determining violations with judges who are dependent on the agency for the very jurisdiction of their “court.”
What is equally troubling is the news blackout imposed by TSA over the case. Administrative judge George Jordan was asked to make an exception and allow cameras into the courtroom but he denied the request. The message seemed to be that Brennan’s move was in the hands of TSA and neither a court nor public opinion would save him now. TSA has refused to even answer questions on the case.
We can debate the ruling of the court in finding no criminal conduct, but the subsequent effort to fashion a new crime from the TSA regulations should be a matter of concern for all citizens. The TSA is taking an act found by a court to be an act of protest and re-defining it as an act of intimidation or threat to the TSA. The case should also focus attention at the ever-expanding system of administrative courts that are pulling citizens into a bureaucratic vortex where they face unfair procedures and treatment.
By the way, after the incident, Brennan was fired from his job as a web development manager at Seagate Technology.
Source: Oregon
There can be no “reform” of these kinds of govt agencies. They must be eliminated. When will the American people, at large, wake up to this degradation of their rights?
The TSA could not get away with this if the court system was not in their pocket to the degree that it has been captured. But the real problem of judicial capture is only revealed by this abuse of power example. The real problem is power relations in justice itself and the insidious capture of the courts and judges.
http://www.pbs.org/wgbh/pages/frontline/shows/justice/etc/synopsis.html
In “Justice For Sale,” FRONTLINE correspondent Bill Moyers examines the impact of campaign cash on the judicial election process and explores the growing concern among judges themselves that campaign donations may be corrupting America’s courts.
In the 39 states where voters elect some or all of their judges (see map of states), special interest money is pouring into judicial races helping to finance expensive tv ads, media advisers and pollsters, and threatening to compromise judicial independence and neutrality. This report includes a rare interview with U.S. Supreme Court Justices Stephen Breyer and Anthony Kennedy who speak out about the threat to judicial integrity.
“If there is the perception or the reality that courts are influenced in their decisions based upon campaign funding sources,” says Justice Kennedy, “we will have a crisis of legitimacy, a crisis of belief, a crisis of confidence.”
“Justice for Sale” looks at judges’ races in three states–Pennsylvania, Louisiana and Texas–talking to judges, media consultants and special interest groups who are donating big money to judicial campaigns.
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http://www.pbs.org/wgbh/pages/frontline/shows/justice/
I have long maintained the TSA intervening themselves between you with your ticket and an airline company is obscene. Where else in our society do we have a federal agent search you before you can engage in a contract with another party? Bron has a great slogan in the making “End the TSA NOW!”
Strategically placed (bought and captured political positions: the new game of “JUDICIAL CAPTURE”) judgeships are equally serviced by the extensive selective neglect of appointments left to opportunists to manipulate..
The move to power control
rule 1. Block finance from existing administration.
rule 2. REGULATORY AND LEGISLATIVE CAPTURE
rule 3 Control the CAPITAL by controlling the “capital”
rule 4 Capture a supreme court judge and have older standing rules thrown out.
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http://prospect.org/cs/articles?article=the_vacancy_crisis
Obama has made fewer judicial nominations than any president in recent history — with disastrous consequences.
The Vacancy Crisis
Jamelle Bouie November 15, 2010
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WASHINGTON — It’s bad enough that there are 82 vacant federal judge slots around the country, a level so high that many observers have deemed it a crisis situation.
But perhaps even more startling is the fact that of those 82 vacant slots, 61 of them don’t even have a nominee.
(read full article @ link)
http://www.huffingtonpost.com/2013/04/29/obama-judicial-nominees_n_3156050.html?ir=Politics&utm_campaign=043013&utm_medium=email&utm_source=Alert-politics&utm_content=FullStory
by Jennifer Bendery
And as we all know, the TSA is armed to the teeth and ready, all you malcontents!!
The TSA is above the law. As a result every American citizen has to be aware that their freedom is always at risk when they go to the air port. Where are the freedom loving Constituion hugging Republicans on this issue?
Democrats hold be pressing Obama to get the TSA in line. They would be if Bush was allowing this to be done.
It is time for the TSA to be brought under the law instead of being free to make its own.
Seagate Technology
http://en.wikipedia.org/wiki/Seagate_Technology
Products Hard disk drives
Revenue Increase US$ 14.93 billion (2012)
Operating income Increase US$ 3.10 billion (2012)
Net income Increase US$ 2.86 billion (2012)
Total assets Increase US$ 10.10 billion (2012)
Total equity Increase US$ 3.49 billion (2012)
Employees 57,900 (2012)
“We can debate the ruling of the court in finding no criminal conduct, but the subsequent effort to fashion a new crime from the TSA regulations should be a matter of concern for all citizens.”
Yep. And it’s worse than many think. I’ll just keep saying it…
Considering that programmers have historically dressed rather casually, I don’t understand why he would lose his job.
The TSA needs to lose about 95% of its funding. Their purpose is to intimidate the public, else they would be providing better security around the planes and the loading.
frankly:
TSA = DHS = Gestapo = KGB. Department of Homeland Security = Secret State Police = COMMITTEE FOR STATE SECURITY
your math is wrong.
From the Oregon article:
“I totally support airport screening,” Brennan said Thursday. “I just don’t want it to be at the expense of my constitutional rights.”
Brennan’s stance spurred onlookers to pull out their cellphones and cameras and document it during the five minutes it took police to arrive.
Multnomah County prosecutors charged Brennan with violating a city ordinance that forbids people from exposing their genitalia in public and in the presence of the opposite sex. Judge David Rees last July cited a 1985 Oregon Court of Appeals ruling that nudity laws don’t apply in cases of protest.
Next week, however, the administrative law judge won’t be allowed to consider Brennan’s defense that he was exercising his constitutional rights, his attorney said.
If Brennan loses, Callahan said they’ll appeal to a higher court — either U.S. District Court or the 9th U.S. Circuit Court of Appeals. Both courts can consider Brennan’s free speech defense, Callahan said.
Regardless of whether Brennan successfully appeals the fine or not, the incident at the airport has cost him.
Brennan worked as a web development manager at Seagate Technology, but said he was fired days after incident at the airport. In December he reached an undisclosed settlement with his employer.
“Nobody admitted to any wrongdoing, but I think the settlement itself speaks volumes,” Brennan said.
So basically, the TSA is pulling a double-jeopardy and it’s completely legal. Awesome.
Love your articles and what you do, Mr. Turley, but perhaps some additional proofreading is needed for this post.
Reminds of of the Burn Notice episode when Sam was taken captive and tortured to some degree.
After the first round, bleeding and disheveled, he said to his ‘interrogator’ “Was that as good for you as it was for me?”
I know that the TSA court is an “administrative proceeding”, but have we once again eroded the Bill of Rights with another double jeopardy exception?
The TSA definitely needs an attitude adjustment along with some much better procedures and guidelines. They don’t add much of anything to actual security. This sort of over reaction by some angry gnat isn’t going to help security and needs to be squashed by higher ups.
But TSA=KGB? eh, not so much. Probably should dial back the hysteria below 11 otherwise it starts to lose its impact.
oh wow, just wos. I bet the KGB just started out with fines too. How long will it be until a midnight knock on the door and a bullet to the back of the head and a cremation and distribution of ashes to a sewer system?
This is how evil starts, end the TSA now. They pose a far greater threat to the American people than a couple of Islamofascists with bombs.
Say what…. Isn’t that a form of forum shopping….