WaPo: TSA nominee misled Congress, violated security protocols
posted at 12:10 pm on January 2, 2010 by Ed Morrissey
After the EunuchBomber attack fizzled on Christmas Day, both Republicans and Democrats wasted no time in pointing fingers, primarily battling over the Department of Homeland Security, even though DHS had little if anything to do with the security issues involved in that attempt. Republicans called for the resignation of Janet Napolitano after her ridiculous insistence two days later that “the system worked.” Democrats blamed the attack on Senator Jim DeMint for placing a hold on Barack Obama’s nominee to head TSA, Erroll Southers, even though Obama hadn’t even bothered to nominate Southers until late September, and TSA had nothing to do with the decision to allow Umar Abdulmutallab onto the Northwest flight he attempted to destroy.
Yesterday, the Washington Post reported that DeMint may have done everyone a favor anyway. According to documents obtained by reporter Robert O’Harrow, Southers misled Congress about an incident in which he violated privacy laws to investigate his wife’s lover:
The White House nominee to lead the Transportation Security Administration gave Congress misleading information about incidents in which he inappropriately accessed a federal database, possibly in violation of privacy laws, documents obtained by The Washington Post show.
The disclosure comes as pressure builds from Democrats on Capitol Hill for quick January confirmation of Erroll Southers, whose nomination has been held up by GOP opponents. In the aftermath of an attempted airline bombing on Christmas Day, calls have intensified for lawmakers to install permanent leadership at the TSA, a critical agency in enforcing airline security.
Southers, a former FBI agent, has described inconsistencies in his accounts to Congress as “inadvertent” and the result of poor memory of an incident that dates back 20 years. He said in a Nov. 20 letter to key senators obtained by The Post that he had accepted full responsibility long ago for a “grave error in judgment” in accessing confidential criminal records about his then-estranged wife’s new boyfriend.
When testifying to Congress, Southers said that it had only happened once, when he asked a friend to check out the man’s criminal background at the San Diego PD. After his testimony, Southers wrote to Joe Lieberman and admitted that he had himself twice checked the database. He also copied the records and handed them off to his friend at the SDPD, apparently hoping to have the wife’s lover harrassed.
There are two problems with this, both of them serious. First, TSA has access to serious, sensitive information that is far more open to abuse than the records at the SDPD. Putting Southers in charge of that would be akin to putting a tax evader in charge of the IRS (or Treasury, for that matter). Second, if Southers cannot give honest testimony the first time in front of Congress about an incident from twenty years ago, what confidence can we have that Southers will tell the truth when things go wrong at TSA under his watch?
Obama needs to find another nominee for TSA, and fast. DeMint needs to maintain his hold on Southers until the White House replaces him.









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Accessing a database is an abuse of his power. Based on what you are saying there was no legitimate legal reason for him to have accessed this guys information. If his reasoning was to protect his son, and who among us would not do our best to protect their children – there were several more appropriate actions he could have taken. He could have hired a private investigator, he could have gone to court for full custody, etc. Accessing information he had no business accessing is wrong. If he’ll do it once, he’ll do it again.
A badge of honor admitting his wrongdoing? ONLY after he was called out on it, did he confess his poor memory.
As far as “how many times does a law enforcement officer access the kind of information…..” I don’t know, do you? Or are you just trying to justify this persons actions? Give us figures please of how corrupt law enforcement really is, accessing information when they have no legal reason to do so. It happens every day you say? HOW do you know this? Again, proof please. If it does happen, then steps need to be taken to prevent it. If it does happen, those people haven’t been nominated to a high ranking position of authority that can affect everyone in this country.
Sure, no one is perfect and everyone has a skeleton in their closet, but when you lie under oath – that’s a problem! I don’t care how nice a guy you think he is.
ladyhawke53 on January 2, 2010 at 4:32 PM
Boy, there’s a ringing endorsement, “He’s no more corrupt than an bunch of other corrput cops”
tommyboy on January 2, 2010 at 4:56 PM
http://www.youtube.com/watch?v=DBs1OEEakNU
Brass on January 2, 2010 at 4:58 PM
Should have mentioned that in that clip that Senator DeMint notes that Obama had not appointed anyone for the TSA slot for 8 months.
Brass on January 2, 2010 at 5:01 PM
This guy’s a stalker.
His confirmation hearing needs a name. I put forward Stalkergate.
BuckeyeSam on January 2, 2010 at 5:19 PM
this guy must be a totally reliable cog in the chicago machine, for them to stand by him.
Chris_Balsz on January 2, 2010 at 5:22 PM
Spying on one’s adversaries is a practice that is vilified by the left and yet they have been quite prolific in exercising it whenever the mood strikes them. Craig Livingstone saw nothing wrong with improperly accessing FBI background checks. The Ma & Pa Democrat party activists saw nothing wrong with illegally eavesdropping/recording Gingrich’s cell phone conversations and then turning it over to Jim McDermott who illegally leaked the recordings to the press.
Nothing new here at all.
Until Democrats are held criminally responsible for their illegal activities there is no reason to believe that anything will ever change.
Visit Conservative Talk Forum by clicking on my name.
trapeze on January 2, 2010 at 5:38 PM
So….this news has been out for days…..but it’s not REALLY news until WaPo covers it?
WTF?
Mr Purple on January 2, 2010 at 5:39 PM
SUGGESTED NEXT TSA NOMINEE?
Need someone with ties to the Muslim Community.
Hopefully someone CAIR would endorse.
Someone familiar with the Airline industry and security issues.
Someone with a global perspective.
Someone not afraid to be a pitchman for Transportation regs and mandates.
“Perfect candidate Mr. President………he’s a fellow named Bin Laden (a Saudi I believe).”
PappyD61 on January 2, 2010 at 5:39 PM
Can someone enlightem me as to WHO nominated this person for the job?
Who moved the nomination / application ?
Who cleared the nomination before it reached Hussain/White House ?
Who had been watching this creep since his days in San Diego ( like Valerie Jarrett was watching Van Jones in Oakland ) and said ” This guy needs to lead the TSA”
What else is there that Hussain+Rhambo+Asslrod+Jarret covering up about this guy?
macncheez on January 2, 2010 at 5:41 PM
“any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.”
Which other of your “facts” would you like me to correct? Notice I was able to do that without attacking you personally – awesome huh! Thats the good thing about MOST conservatives; we can argue rationally.
Sorry, you’re incorrect. The inappropriate access of the criminal database was part of the record, the Senators knew it in advance. What is being questioned now is his amended testimony. He admitted the general wrongdoing upfront. And this is a terribly minor issue. By the way, the guy’s privacy rights he violated was a *criminal* – so in that regard I could really care less. I’d love to educate you about day-to-day law enforcement activities but this isn’t the appropriate forum and I’m not a professor.
I’m with my fellow Conservatives on most issues – but this one I have to disagree and I think eventually Southers will be confirmed and will do an excellent job. If you really want to complain about Obama’s appointments, people like Geithner and Napalitno are far worthier targets. Southers has been in the trenches keeping his head down working to make travel and transportation safe for Americans. Even if he isn’t confirmed by the Senate for this position, he’ll still be working on that mission.
I wouldn’t be surprised if he withdrew his name for consideration after all of this. He is about the mission – not job titles. So good job guys on crapping on a good man who made a very minor mistake.
palinforamerica on January 2, 2010 at 5:51 PM
Not entirely, according to this article and other articles I’ve read,
He admitted he “asked” a friend to check the background when in reality he later admitted he accessed the records himself – twice!! That’s a big difference! I’m really flabbergasted you find this to be a minor offense!! He abused his powers! It’s that simple and then LIED about it under oath! He was privy to private information and used it for his own benefit. Yes, the FBI fired him with just cause – and now we want to let him be in charge of a potentially high authority position – that allows him to be privy to tons of information. A GOOD man would have said up front to Congress – I made a mistake, here’s what I did – I lost my job over it, I’ve learned a lesson – here’s what I could/would do in this position if given the opportunity….. etc etc. But he didn’t do that.
I’m all for forgiving mistakes, this wasn’t a mistake, his actions were deliberate. Both the original act and just recently to Congress. I can’t see where he’s trustworthy – he just proved that he isn’t. Sorry friend or not, this is not the right person for this job.
You are right that Geithner and Napolitano are worthy of complaints and investigation. Neither one of them deserve the positions they hold. But they are not the topic of discussion here, are they?
We aren’t the ones doing the “crapping” He did it all to himself…
ladyhawke53 on January 2, 2010 at 6:12 PM
This guy wants to unionize TSA. Regardless of his little records peeking peccadilloes (which, sorry, I do not agree with your assertion that it’s a “minor” issue), the fact that he wants to unionize govt employees in a security field should give you pause. After all, there’s a very good reason why no other security employees (FBI, CIA, or any of the other Three Letter Agencies) are unionized.
Can you honestly believe for so much as a moment that a unionized TSA under Bammy would not go on strike???
Wanderlust on January 2, 2010 at 6:28 PM
Good.
I’m sure we all agree that heading a federal agency is still a privilege, not a right. For now.
Chris_Balsz on January 2, 2010 at 6:55 PM
Take a look at this guy’s bio,
http://create.usc.edu/about/leadership.html
Just a short note from someone who has spent a day or two as a LEO this guy is pretty boarderline in the experience department for a National Security Position. Best experience was running the Intel Unit for five Southern California airports, not really operational experience but I am sure he knows how to post intel bulletins from Homeland Security. Also the FBI unit he was suppose to be part is known as HRT not SWAT.
I find it interesting that his FBI career was shorted by his illegal use of federal database information. Generally the Office of Professional Responsibility takes a pretty dim view of unauthorized behavior but really gets pissy when someone lies to them, you know like my buddy did it for me.
Viking6 on January 2, 2010 at 6:56 PM
I had no idea as I had seen no picture of this guy but now it all makes sense. Opposing Southers is going to be characterized as racist. His being black is no small part of why Obama chose him and why he will be confirmed no matter how dishonest he is.
Not racist.
Matter of fact. Watch.
drjohn on January 2, 2010 at 7:02 PM
Boy, there’s a ringing endorsement, “He’s no more corrupt than an bunch of other corrput cops”
Nah, this guys pretty much run-of-the-mill machine thug like so many of the other creeps in the O Admin.
And you’re surprised………???
JoeinTX on January 2, 2010 at 8:41 PM
This guy is a perfect match for the O adminstration.
mobydutch on January 2, 2010 at 11:31 PM
Southers is perfect for the job. He’s an incompetent, dishonest token, just like his boss.
leftnomore on January 3, 2010 at 12:48 AM
Sorry Moby, our minds just think alike!
leftnomore on January 3, 2010 at 12:49 AM
Every move Oh!Boma makes from here on out will be a political killer for him and his party. The self-destructive tendencies are becoming obvious, and they can’t run from themselves when they are the focus of the nation. Flush-away, jerkface.
leftnomore on January 3, 2010 at 12:53 AM
The odds of a conservative bringing up a black person’s race for no apparent reason, in a thread having nothing to do with race, are even greater, sadly.
Narutoboy on January 3, 2010 at 2:14 AM
If Zoe Baird or Kimba Wood were nixed for 1992 Clinton’s Attorney General spot for “nanny problems”, surely this guy should have to go for abusing a security system. You can trust him, to abuse the system for his own benefit. He blew it, and shouldn’t be put in this position of power.
Paul-Cincy on January 3, 2010 at 8:44 AM
Another Brother that gets caught with his hands in the cookie jar, and claims No mame I was not going to take cookie I was just checking to see how full the jar was.
So I could take more than one later.
MSGTAS on January 4, 2010 at 9:19 AM
Sounds like he’ll fit right in to this Administration.
rjoco1 on January 4, 2010 at 12:58 PM
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