Pat-down: Federal court demands TSA explain why it’s defying court order

posted at 10:26 am on August 2, 2012 by Mary Katharine Ham

Earlier this month, we checked in on the TSA scanner issue and found out the federal agency has been ignoring a year-old federal court order to hold public hearings and comment on the controversial back-scatter machines used in screenings.

Wednesday, the same federal court demanded the TSA explain itself, as reported by the good folks at Wired:

A federal appeals court Wednesday ordered the Transportation Security Administration to explain why it hasn’t complied with the court’s year-old decision demanding the agency hold public hearings concerning the rules and regulations pertaining to the so-called nude body scanners installed in U.S. airport security checkpoints.

The U.S. Circuit Court of Appeals for the District of Columbia Circuit’s brief order came in response to the third request by the Electronic Information Privacy Center for the court to enforce its order.

The court will only accept TSA’s response in 3 oz. bottles that fit inside a quart Zip-lock bag. Tough luck.

The TSA had previously told Wired it might get around to hearings “next year,” but it must now provide an answer to the court by Aug. 30. Remember, though, TSA is full of nothing but hard-working, totally trustworthy professionals who are merely enforcing rules for the sake of civil society and do not feel their badges give them license to ignore those rules themselves.

If you’d like to try to get the White House to answer questions about why the TSA is ignoring a court order, sign the petition started by a Cato scholar. Theoretically, by its own rules, the White House would have to answer the question after 25,000 signatures, and we know how good the White House is about following its own rules.

In good news, TSA is worried enough about its public image these days that it’s taken to actually firing people caught stealing.

And, credit where it’s due: there are good ones out there.


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funny headline. why is THIS government doing something ILlegal. ha ha. good one.

t8stlikchkn on August 2, 2012 at 10:30 AM

This is the Obama administration and they are above the law.

Axion on August 2, 2012 at 10:31 AM

TSA’s response

I hope y’all are Three Stooges fans.

Steve Eggleston on August 2, 2012 at 10:31 AM

Scanners, lights at every traffic light, scanning license plates – when they came for me there was no one left

ArthurMachado on August 2, 2012 at 10:32 AM

Because the jackholes running the TSA are as clueless, feckless, ignorant and stupid as everyone else in the administration; they had to hire an outside consulting company simply to figure out what a “hearing” is.

Bishop on August 2, 2012 at 10:33 AM

Im thinking it’s because they have a lot of briefs they need to collect and file.

michaelthomas on August 2, 2012 at 10:35 AM

Im thinking it’s because they have a lot of briefs they need to collect and file.

michaelthomas on August 2, 2012 at 10:35 AM

After they touch the junk inside?

Steve Z on August 2, 2012 at 10:40 AM

required random screenings

That’s the problem in a nutshell. What good does it do to randomly molest people, except to instill fear and intimidation????

I noticed at the airport this week that the patdowns were less frequent because the airport was mobbed. The airlines have cut flights so everyone get to the airport at the same time. We were nervous we were going to make our flight b/c security was slow at 6 a.m.!

So everyone got through. That’s the key I guess, fly when it’s busy if you have to fly at all.

PattyJ on August 2, 2012 at 10:41 AM

Big Sis will look good in an orange jumpsuit.

meci on August 2, 2012 at 10:41 AM

Remember, though, TSA is full of nothing but hard-working, totally trustworthy professionals who are merely enforcing rules for the sake of civil society and do not feel their badges give them license to ignore those rules themselves.

Hard-working? Trustworthy? Professional?

I usually fly in and out of Reagan National. The good TSA workers must be working somewhere else because the screeners I see are nothing more than unionized federal employees who are no better than the Wackenhut security guards they replaced.

I realize that the screeners have a tough and thankless job. There are stupid and arbitrary rules (why do you have to separate out your cell phone in one airport but are to put it in your carry on in another? Why didn’t I have to take off shoes and belt when flying back from Germany but have to practically get undressed to fly to Chicago?) Far too many of the screeners deserve the hostility they encounter.

Happy Nomad on August 2, 2012 at 10:44 AM

Obama asserts executive privilege.

The Rogue Tomato on August 2, 2012 at 10:47 AM

That’s the problem in a nutshell. What good does it do to randomly molest people, except to instill fear and intimidation????

PattyJ on August 2, 2012 at 10:41 AM

What other choice do they have since the left refuses to allow profiling? We know exactly who to look for. Young Muslim male with a one-way ticket. Yet in order to appease terrorist-funding hate groups like CAIR, we molest elderly grandmothers and six-year-olds.

Happy Nomad on August 2, 2012 at 10:47 AM

The court will only accept TSA’s response in 3 oz. bottles that fit inside a quart Zip-lock bag.

Um, be very careful what you wish for, the TSA confiscates all kinds of “liquids”, they have a lot to choose from.

Difficultas_Est_Imperium on August 2, 2012 at 10:48 AM

One other thing…….

Why is the fact that you have to show a government issued ID to get past the TSA not racist and discriminatory? Why hasn’t the TSA been accused of having a Jim Crow mentality that discriminates against the poorest among us seeking to board a plane????

Happy Nomad on August 2, 2012 at 10:50 AM

Since we are talking about the TSA I want to present a little anecdotal story. Yesterday my bodacious (read gorgeous) 19 year old daughter was making her first solo plane trip. I’m usually with her and act as her protector since I’m a mama grizzly. I warned her that the TSA will probably have her do a pat down and to just keep cool since she is a gorgeous female on her own. Sure enough she called me to say she was chosen “at random” for a patdown including the usual indignities. The reason I’m bringing this up is that we fly all the time for dance competitions and this is the first time she has gone through the pat down. I’m sick and tired of the TSA and think they are just a bunch of thugs. Here’s an idea, instead of worrying about my 19 year old how about you concentrate on being less PC and actually doing patdowns on those individuals who would be most likely to be a terrorist? Oh yeah, that’s right they don’t want to be labelled as profilers.

spit!

neyney on August 2, 2012 at 10:50 AM

I wish they’d get around to arresting these TSA clowns who grope the customers. Who the hell do these federal types think they are, anyway: This ugly and illegal stuff must stop.

MTF on August 2, 2012 at 10:51 AM

Well . . . this IS a case of Government vs Government (Spy vs Spy?).
.
Wow . . . . . . decisions, decisions . . . . . . . . .

listens2glenn on August 2, 2012 at 10:51 AM

The TSA: Big Government we are better off without.

Same for DHS.

And DNI.

Three post-9/11 Charlie Foxtrot ‘we have to do something!’ organizations that are counter-productive and a threat to liberty.

Hopefully we can get a Congress to actually get rid of these monstrosities… along with EPA, Energy, Education, Agriculture… no one can claim that I’m not willing to do without parts of the government concerning National Security. Perhaps we could even keep the M1 Abrams upgrades if we got rid of these tentacles that have no place on our government.

ajacksonian on August 2, 2012 at 10:54 AM

One other thing…….

Why is the fact that you have to show a government issued ID to get past the TSA not racist and discriminatory? Why hasn’t the TSA been accused of having a Jim Crow mentality that discriminates against the poorest among us seeking to board a plane????

Happy Nomad on August 2, 2012 at 10:50 AM

Because getting from Point A to Point B is not a “New Right” as defined by the Left. After all, if one saw that the grass was really greener on the other side, they might vote out the local Socialists.

Steve Eggleston on August 2, 2012 at 10:54 AM

In good news, TSA is worried enough about its public image these days that it’s taken to actually firing people caught stealing.

excerpt: MKH

.
Aw yeah.

You can’t have something like that tarnishing your image.

listens2glenn on August 2, 2012 at 10:55 AM

Mark Steyn wrote some time back about the irony of watching some guy wearing a “live free or die” T-shirt being frisked by the TSA.

Why is it that we “liberty-loving” Americans put up with institutionalized check point indignities unmatched by almost any other country in the world?

Drained Brain on August 2, 2012 at 11:01 AM

Here’s an idea, instead of worrying about my 19 year old how about you concentrate on being less PC and actually doing patdowns on those individuals who would be most likely to be a terrorist? Oh yeah, that’s right they don’t want to be labelled as profilers.

spit!

neyney on August 2, 2012 at 10:50 AM

Trust me, they “profiled” your 19-year-old daughter. They’re just working on a different profile.

Bitter Clinger on August 2, 2012 at 11:02 AM

Because getting from Point A to Point B is not a “New Right” as defined by the Left. After all, if one saw that the grass was really greener on the other side, they might vote out the local Socialists.

Steve Eggleston on August 2, 2012 at 10:54 AM

You have a point there. After Hurricane Katrina, many of the evacuees that made it to Houston discovered that Texas’s welfare system was much more generous than Louisiana’s and decided to stay. And if you think I’m being harsh, ask somebody from Houston about it.

Happy Nomad on August 2, 2012 at 11:03 AM

Why is it that we “liberty-loving” Americans put up with institutionalized check point indignities unmatched by almost any other country in the world?

Drained Brain on August 2, 2012 at 11:01 AM

Germany was worse but their checkpoints made sense. The most interesting part was that you self-scanned through the boarding gate but then you had to show your boarding pass and passport to an employee standing right by the door to the plane.

Happy Nomad on August 2, 2012 at 11:05 AM

This is the Obama administration and they are above the law.

Axion on August 2, 2012 at 10:31 AM

…and we get example, after example, after example…and the MSM doesn’t notice a thing!

KOOLAID2 on August 2, 2012 at 11:07 AM

You have a point there. After Hurricane Katrina, many of the evacuees that made it to Houston discovered that Texas’s welfare system was much more generous than Louisiana’s and decided to stay. And if you think I’m being harsh, ask somebody from Houston about it.

Happy Nomad on August 2, 2012 at 11:03 AM

I know a lot about welfare magnets as I’m in Wisconsin (an ex-magnet), though the welfare reference was not what I was referring to.

Steve Eggleston on August 2, 2012 at 11:13 AM

…and we get example, after example, after example…and the MSM doesn’t notice a thing!

KOOLAID2 on August 2, 2012 at 11:07 AM

Not true! Did you see how stunning Mooch looked at the Olympics opening ceremony. Not like that Ann Romney in her expensive blouse and with her expensive theraputic habit. Oh, and Mitt’s a whimp or something.

George Bush couldn’t fire a dozen incompetent US Attorney’s without a full blown investigation. Obama literally steals billions for his cronies and dead silence.

And, of course, Chick-Fil-A outlets nationally were mobbed yesterday in support of free speech and the Washington Post coverage? One photo on page A11.

Happy Nomad on August 2, 2012 at 11:14 AM

I’m betting they simply defy THIS too.

They are a rogue agency, one of many, that simply cries out to be dissolved in its entirety and everyone involved, top to bottom — worker bees too, charged with crimes against the Constitution.

People need to learn that there is a penalty for terrorizing their fellow citizens. And this is terrorizing, every bit as much as al Queda, the terror of unending fear.

clippermiami on August 2, 2012 at 11:14 AM

But but but… WE allow it by continuing to FLY!

The TSA is not going to stop until the airlines are hurt in their bottom line…

Blathering and bemoaning and the wringing of hands will do nothing!

Just Quit Flying…

I am not being sarcastic, just stating the obvious.

Scrumpy on August 2, 2012 at 11:23 AM

Scrumpy on August 2, 2012 at 11:23 AM

Slight flaw in your logic – the TSA is already expanding into AMTRAK and intercity bus stations.

Steve Eggleston on August 2, 2012 at 11:30 AM

Obama probably wrote an secret executive order that said TSA did not have to obey the court.

albill on August 2, 2012 at 11:32 AM

If you’d like to try to get the White House to answer questions about why the TSA is ignoring a court order, sign the petition started by a Cato scholar. Theoretically, by its own rules, the White House would have to answer the question after 25,000 signatures, and we know how good the White House is about following its own rules.

8,459 signatures still needed by August 09, 2012 to reach goal of 25,000.

It’s painless to sign up. You just need an email account. I’m guessing you might get Obama fundraising letters after you sign-up but they are quite amusing to read anyway.

Fallon on August 2, 2012 at 11:33 AM

Said Halinski: “I’m not saying we’re different from any other group of Americans. I’m saying we’re exactly like any group of Americans.”

So…you pick your TSA screeners at random from the general population and have no standards of conduct above those of the same general population and then give them police powers and dangerous X-Ray machines? Damn!

SKYFOX on August 2, 2012 at 11:40 AM

I knew a guy back around 2001 whose job it was to research stocks and investments, and I remember him telling me that airport security machines were a great future investment. Fast forward to 2012, and I think it’s safe to say we can follow the money.

lea on August 2, 2012 at 11:43 AM

Here’s an idea, instead of worrying about my 19 year old how about you concentrate on being less PC and actually doing patdowns on those individuals who would be most likely to be a terrorist? Oh yeah, that’s right they don’t want to be labelled as profilers.

neyney on August 2, 2012 at 10:50 AM

If you were a TSA employee (sorry!) and had a choice to choose which group of traveling ladies would you rather subject to the routine, whom would you select:

1) Sarah Palin, Kristi Noem, and Michelle Bachmann, or
2) Hillary Clinton, Nancy Pelosi, and Debbie Stabenow.

See? You would profile by party affiliation, too!

Archivarix on August 2, 2012 at 11:45 AM

And the machines they have now — when we see the image, it’s just an outline. What do the TSA guys behind the screen see? Naked lady parts or an outline?

PattyJ on August 2, 2012 at 11:47 AM

Pat-down: Federal court demands TSA explain why it’s defying court order

…let’s go after their junk!

KOOLAID2 on August 2, 2012 at 12:09 PM

Look, the TSA just didn’t have the time to comply with a mere judicial order!

Okay?

They were way too darn busy squeezing in a mandatory seminar that ALL current TSA agents must now attend, no?

I think the following might be the title of that required seminar.

“Ensuring ‘special handling’ for those who are traveling abroad without any documentation.”

My sources tell me the mandatory seminar features three hours of Nancy Pelosi and Jerrold Nadler kvetching with Homeland Security officials, including lecturing them about all the “dos and don’ts” of this touchy topic.

Trochilus on August 2, 2012 at 12:13 PM

Me = signature #16,604

BobMbx on August 2, 2012 at 12:18 PM

But but but… WE allow it by continuing to FLY!

The TSA is not going to stop until the airlines are hurt in their bottom line…

Blathering and bemoaning and the wringing of hands will do nothing!

Just Quit Flying…

I am not being sarcastic, just stating the obvious.

Scrumpy on August 2, 2012 at 11:23 AM

I haven’t flown since the TSA set up their porno scanners and started sexually assaulting people. And I don’t intend to until they are gone from airports.

I won’t vacation anywhere I can’t drive to. I suspect I am far from alone, the TSA by it’s existence is harming our economy.

The TSA has also decided it can stake out highways and rest areas. I will NOT submit to any TSA “officer” for any reason on the road.

wildcat72 on August 2, 2012 at 12:33 PM

Said Halinski: “I’m not saying we’re different from any other group of Americans. I’m saying we’re exactly like any group of Americans.”

So…you pick your TSA screeners at random from the general population and have no standards of conduct above those of the same general population and then give them police powers and dangerous X-Ray machines? Damn!

SKYFOX on August 2, 2012 at 11:40 AM

I know! Just unbelievable! When I read that, all I could think of was Forrest Gump . . .

“My momma always said, ‘stupid is as stupid does.’

Trochilus on August 2, 2012 at 1:00 PM

wildcat72 on August 2, 2012 at 12:33 PM

The TSA has also decided it can stake out highways and rest areas. I will NOT submit to any TSA “officer” for any reason on the road.

You bring out a point. As far as I know, TSA personnel are not attendees of any of the Federal academies/training institutions that grant LEO status. Highways and rest areas are not the same tactically as airports.

Subotai Bahadur

Subotai Bahadur on August 2, 2012 at 1:05 PM

One other thing…….

Why is the fact that you have to show a government issued ID to get past the TSA not racist and discriminatory? Why hasn’t the TSA been accused of having a Jim Crow mentality that discriminates against the poorest among us seeking to board a plane????

Happy Nomad on August 2, 2012 at 10:50 AM

The poorest amongst us can’t afford to fly or they’re smart enough not to.

RickB on August 2, 2012 at 1:19 PM

Hard-working? Trustworthy? Professional?

I usually fly in and out of Reagan National. The good TSA workers must be working somewhere else because the screeners I see are nothing more than unionized federal employees who are no better than the Wackenhut security guards they replaced.

Happy Nomad on August 2, 2012 at 10:44 AM

Lol, I think MKH was just engaging in some well-deserved, good, biting sarcasm!

Sir Rants-A-Lot on August 2, 2012 at 2:14 PM

If I ignored a court order, someone with a badge and a gun would be at my front door. Why isn’t the local sheriff doing the same thing for Janet Napalitano?

What law protects government employees from prosecution?

Portia46 on August 2, 2012 at 2:17 PM

Here’s an idea, instead of worrying about my 19 year old how about you concentrate on being less PC and actually doing patdowns on those individuals who would be most likely to be a terrorist? Oh yeah, that’s right they don’t want to be labelled as profilers.

neyney on August 2, 2012 at 10:50 AM
If you were a TSA employee (sorry!) and had a choice to choose which group of traveling ladies would you rather subject to the routine, whom would you select:

1) Sarah Palin, Kristi Noem, and Michelle Bachmann, or
2) Hillary Clinton, Nancy Pelosi, and Debbie Stabenow.

See? You would profile by party affiliation, too!

Archivarix on August 2, 2012 at 11:45 AM

LoL! Shudder…yuck (Clinton, Pelosi, Stebenow, Warren, etc….)

Oh believe me I’m aware that it was her bodaciousness that got her noticed and she is too. This is why I warned her in the first place because I was thinking she’d be “profiled” by some perv working for the TSA. It’s a scary time to live in America. It isn’t freedom when you can’t refuse this type of treatment. If a guy on the street touched her the way these TSA thugs did she could call it assault. This c–p needs to stop. How about looking at Muslim men between the ages of 20-45? My tall, gorgeous, obviously harmless daughter is not your target….unless you are a perv. Oh and guys, she’s a Republican which just goes to prove that Republican women are hot and Dem women NOT!

neyney on August 2, 2012 at 3:12 PM

Scrumpy on August 2, 2012 at 11:23 AM

Slight flaw in your logic – the TSA is already expanding into AMTRAK and intercity bus stations.

Steve Eggleston on August 2, 2012 at 11:30 AM

And they’ll be monitoring our cars any day now . . .

Trochilus on August 2, 2012 at 3:23 PM

Portia46 on August 2, 2012 at 2:17 PM

What law protects government employees from prosecution?

I believe it is a writ of Ultima Ratio Regum also known as Te occidere possunt sed te edere non possunt nefas est.

Subotai Bahadur

Subotai Bahadur on August 2, 2012 at 3:47 PM

What’s the big deal about nude body scanners? It’s not like we have any civil rights left available to us in this nation.

Hey man, a woman can’t choose who she has sex with – when compensation is involved – even though compensation IS ALWAYS involved.

I can’t distill whiskey in my backyard.

Or smoke pot on my back porch.

So WTF? Nude body scanners are the least of my problems. Besides, I have an awesome body and I know that because of all the gay guys and pregnant women who oogle me in the gym each morning.

MKH doesn’t look to me like she’d have much to be embarrassed about if a nude scan of her ended up on the internet. It’s only you fat boys and girls who are really concerned.

Maybe when you conservatives realize that supporting liberty killing laws against conduct you don’t approve of leads to violations of YOUR own civil rights eventually – then maybe there will be hope for us all.

HondaV65 on August 2, 2012 at 5:01 PM

What law protects government employees from prosecution?

Portia46 on August 2, 2012 at 2:17 PM

No law protects them …

The gutless GOP establishment protects them.

HondaV65 on August 2, 2012 at 5:03 PM

In good news, TSA is worried enough about its public image these days that it’s taken to actually firing people caught stealing.

Uh yeah. Except now they’re going to be unionized. Good luck firing the crooks now.

quikstrike98 on August 2, 2012 at 7:37 PM

Happy Nomad on August 2, 2012 at 10:44 AM

Dude, your sarcasm detector is broken. Get it looked at.

So…you pick your TSA screeners at random from the general population…

SKYFOX on August 2, 2012 at 11:40 AM

Actually, if they were randomly selected from among ordinary Americans we would be a lot better off. Unfortunately, the people who apply are … not exactly in the middle-to-right-hand-side of that bell curve.

And, credit where it’s due: there are good ones out there.

Interesting that the one bright spot in this involves the folks that TSA has resisted so mightily – profilers. It was the Behavior Detection Officer who caught this kidnapping going down.

GWB on August 3, 2012 at 11:11 AM