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Armed TSA Agents Threaten Travel Journalist

TSA shows up at the door of a Connecticut blogger, demands he relinquish his laptop, and says "we could make this difficult for you."

by
Annie Jacobsen

Bio

December 31, 2009 - 11:38 am
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But why come at Frischling with such heavy-handed tactics? In a statement, TSA later said that security directives “are not for public disclosure” — which hardly sounds like it’s against federal law per se. (If it were, it’s almost certain the TSA would have said so in its statement.) But that didn’t help Frischling in the heat of the moment.

So, why then?

In covering the attempted bombing of Northwest Flight 253 for Pajamas Media, and also for a column I write at LATimes.com, I have spoken with five different FBI and TSA agents — none of whom are presently authorized to make statements about Northwest Flight 253 on the record. That job has been relegated to the Department of Justice, whose spokesman, Dean Boyd, had only this to say to me:

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Because this is an ongoing criminal investigation, we are not at liberty to provide you with any comment beyond the public allegations that are contained in the criminal complaint.

But I did find my answer — in a pre-recorded message at the FBI’s Detroit Metro Bureau to which press are referred. The message there states that anyone seeking information about “the Christmas Day event at Detroit metro airport” should call the Department of Justice in Washington.

Wait. A Christmas Day “event”?

The FBI makes the attack against Northwest Flight 253 sound more like a shopping sale or a rock concert than the terror strike that it was. Trying to kill 298 airline passengers, destroy an airplane, and crash it into the suburbs of Detroit is now called an “event”? Could the jackbooted TSA visit to blogger Steven Frischling’s Connecticut home be just another trickle-down result of DHS Secretary Janet Napolitano’s insistence that terrorist attacks be referred to as “man-caused disasters”?

You see, in the TSA directive which Frischling’s posted online, the TSA was caught calling a spade a spade:

INFORMATION: On December 25, 2009, a terrorist attack was attempted against a flight traveling to the United States.

Yup, “terrorist attack.” In plain old English, spelled out. When out of public earshot, apparently the TSA is allowed to call a terrorist attack a terrorist attack by name. But when the public is listening, it’s to be referred to as a Christmas Day event.

“We are a free society, knowledge is power, and informing the masses allows for public conversation and collective understanding,” Frischling wrote on his blog. “You can agree or disagree, but you need information to know if you want to agree or disagree. My goal is to inform and help people better understand what is happening, as well as allow them to form their own opinions.”

Prescient words. Another goal for journalists is to inform the people that a terrorist attack is not a “Christmas Day event.”

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Annie Jacobsen writes the "Backstory" blog (http://latimesblogs.latimes.com/back-story/) for the Los Angeles Times Magazine.

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127 Comments, 127 Threads

  1. 1. TPK

    I don’t suggest this very often, because I think it’s resorted to far more than it should be, but Mr. Frischling: SUE.

  2. 2. Kate R

    This is not the America I knew.

  3. 3. Jim Baker

    The handling of this whole “Christmas day event” is starting to smell like bad fish. Whenever the government tries to cover something up in real time, the inherent weaknesses of the public sector are exposed. They almost always are trying to protect someone, and that person is usually a well connected person in the administration. The government fears only members of the Administration on this level. Look for Obama’s people and follow the money. The MSM is completely co-opted and useless and we will never get information through them.

  4. 4. Adina Kutnicki,Israel

    It is the beginning of the end to a free society when jack booted thugs-in the name of the authorities-come knocking on your door, simply because you posted something that was NOT classified.

    I suspect that more and more knocks at the doors of bloggers etc will be coming down the pike.IF Obama’s thugs cannot shut down the alternative media one way, they will do it another way.Next time the Black Panthers might come a knocking.

  5. 5. Macgawd

    I don’t understand why Frischling caved in to such cowardly tactics by Federal agents. For instance, the TSA agents acknowledged that they couldn’t forcibly remove his computer without a Federal search warrant, so why didn’t Frischling tell those agents they weren’t getting anything until they got a warrant–until then, piss off?

    Sounds to me like this TSA directive was already public knowledge, and that the TSA didn’t have much of a case, so strong-arm tactics were necessary to intimidate someone into willfully giving up what a Federal Judge probably wouldn’t have issued a warrant for.

  6. 6. Dave

    Just to note, the directive did indeed have a note about the dissemination of the document. Here is what was on the directive:

    “No other dissemination may be made without prior approval of the Assistant Secretary for the Transportation Security Administration. Unauthorized dissemination of this document or information contained herein is prohibited by 49 CFR Part 1520 (see 69 Fed. Reg. 28066 (May 18, 2004)”

    This is as reported on several other websites covering this. Lots of people did indeed have copies of this, but it was supposed to be limited to those who had a need to know.

  7. 7. Roger B.

    Annie,

    Great post…keep up the great work!

  8. 8. jgreene

    Our present VILLAGE IDIOTS, Janet Napolitano, President Barack Hussein Obama and all government associates in our NON-INTELLIGENCE Community are going to get us killed with their Politically Correct NONSENSE.

    IslamoFascist Terrorists are continuing a 1,400 year Jihad against kafirs (non Muslims) as directed by Mohammad in the Koran, Hadith and Sira. Our Protectors in the Government are still making believe that we are not at war with Islam. I beg to differ. Islam is at war with us. Until we respond with FORCE and Conviction we all (kafirs-non believers) will be at the mercy of sociopathic Muslims following the directives of their long dead self-proclaimed Prophet.

    It would be funny, if it hasn’t so far been so tragic. The greatest tragedy so far is that we are intentionally keeping America blind, and deaf to the threats and attacks of Muslim fanatics following Mohammed.

    But you say you have a Muslim friend who is not like this at all. No you don’t. A practising Muslim is not allowed to have a kafir as a friend. Muslims do not follow the Golden Rule. Friendly yes, friend no. It is written. Over and over. Inshallah!

  9. 9. Kevin S

    Funny how this was the sort of thing the Left was always screaming was going to happen while Bush was president. Now, with Obama, we see it actually taking place.
    Will they also crack down and come after commenters on blogs who aren’t sufficiently of the “right” mind?

  10. 10. rasqual

    So let me get this straight. Our government officially speaks of “the holidays” when wishing everyone cheer — but the moment a terrorism incident happens on one of these holidays, it’s suddenly just fine to call it “Christmas?”

    I’m curious why they didn’t just give the date. That would seem the normal thing to do.

  11. 11. Mike1233

    Next time, tell them to get a warrant and don’t talk to them. The Cops are not your friends and when they knock on your door, its not because they want to help you take out the trash. They want to nail you for something. Make ‘em go before a Judge and document what they are looking and why confiscating private property is the only way to get it.

    By giving them your computer, everything is now avialable to them to make a case with. Hope you don’t have any porn on that drive.

    You need to get to a real criminal defense attorney to start establishing a defense.

  12. 12. elHombre

    “Heat of the moment” or not, Mr. Frischling, and anyone else confronted with such a situation, would be wise to demand that the agents produce a search warrant. That’s how the country is supposed to work — even under the Obama/Napolitano regime.

    I wonder exactly what authority TSA “agents” have for such activities.

  13. 13. concerned

    How many subpoenas has the TSA served on the actual terrorist they have in their custody?

  14. 14. dave

    purely coincidence, but I was tweeting back and forth with Frischling on the topic of this attempted bombing. He was a hair obnoxious in his assertions that he had ‘debunked’ things when all he did for me was cite a bunch of rules which could have been violated in order for the thing he was ‘debunking’ to have happened. To cite a bunch of rules doesn’t debunk ANYTHING.

    Then again, he is an expert on his topic, and I defer to that in spite of the fact that he accused me of ‘wanting conspiracy’ when what I wanted was facts instead of cited regulations.

    I’ve done a lot of flying through Amsterdam and other western Euro cities and they seem to be pretty thorough in their procedures, but none of that explains how the guy got on board, after all… thousands of $$ for a one way ticket when he isn’t a US citizen, and now I’ve seen that his Yemeni visa was expired when he left Yemen, and he should not have been ALLOWED to leave Yemen under those circumstances… more rules, more violations?

    At any rate, even obnoxious blogging ‘experts’ should NOT get thugged by Feebs saying ‘we can make it hard on you’… that should not happen to ANYONE who isn’t already a felon, an arms dealer or a drug dealer or some such.. and clearly, Fish is none of those things. The Feebs are just covering up, trying to find their own leak so they can plug it and protect themselves against other govt. levels of retribution…

  15. 15. RebeccaH

    It is time, and past time, to fire the government we have and start over. I have never seen such a disgraceful bunch of clowns in one place in my life.

  16. Here’s the rub, every Security Directive issued by the TSA is automatically considered “Sensitive Security Information” via 49 CFR 1520. How many rolls of TP in the Screening Officer’s Loo? It’s SSI!

    You can go through screening and see SDs publicly posted yet they are SSI.

    The thought that TSA has any sort of legitimate security classification system for their documents is absurd. Enforcement is strictly capricious…at best!

    And let’s not forget that the TSA is empowered to issue subpoena duces tecum with no court oversight. Just the signature of one of their counsels. There is every chance for abuse of this and clearly Gov. Incompitano is ready and willing to use them.

  17. 17. TRO

    So the legal service of a subpoena by law enforcement officers, who by all accounts acted civilly while performing an always unpleasant task is now described as the actions of “jack booted thugs?” And they are cowardly? Give me a fricken break, folks.

    I’m not defending the decision to issue the subpoena, mind you, only the moronic comments about the agents who appear to have acted appropriately and within their authority. Every contact with law enforcement is somewhat intimating for heaven’s sake. Grow up people.

    As to serving it at home, well, you serve a subpoena where you find the people. Would it have been better to serve it at work where all their co-workers could see it? I suppose then it would have been public humiliation. I’ve served hundreds of these things, sometimes at home, sometimes at their place of work, and even one time when a guy was on the beach. As I said they are never pleasant, but frankly they are not the storm-trooper events you are building them up to be.

  18. Many fear that this administration will remain soft in the War on terror while at the same time using the same WoT as an excuse to curtail our civil liberties.
    Other fear that this administration is just a complete chaos of incompetence.
    Bloggers fear for their Freedom.
    Intelligence agencies fear that their heads will roll to cover the administration’s mistakes.

    This blurred situation has a name: it’s the war of everybody against everybody else typical of totalitarianism.
    A subtle poison of confusion and fear that pollutes the society.

  19. 19. annie

    make ‘em get a warrant…

    and yes, that is the steady stomping of jackboots that you hear, sure ‘nuf.. .

    it was a systemic failure…

    who ever told these guys to go out and do this needs to answer…
    I know, i know, it was the Bush administration…blahblahblah..
    At some time the Obama has to put on his big girl panties and accept responsiblity and have his people do the same!

  20. 20. LSI

    the TSA should be privatized … Bush should never have consented to creating another govt agency!

  21. 21. Richard Milhaus Scurvy Wilson III

    wel that prittie much somes it up retards.

  22. What is troubling about this is the Senate recently added language to the proposed federal shield law that apply to citizen journalists (bloggers) as well as established media journalists to protect their sources. Can you imagine the TSA marching int the newsroom at the NY Times or the Washington Post seizing computers?

    The federal shield law will probably pass in nest year’s session.

    This episode is just one more example of the heavy handedness of the current administration.

  23. 23. Tex Expatriate

    The story does not say the government thugs had a subpoena. It says they threatened the man with a criminal search warrant and ruination of his reputation. He should have refused them, and if they did not leave, have called the local police.

    As for TRO above, you’re one of those native born people I call a counterfiet American. A genuine American would not hold your views.

  24. 24. egoist

    The down side of the down side. What bad could ever come from another police entity? These guys op outside of the airports…who knew?

  25. 25. Richard Wilson

    Tro—what, are you doped up??? yes, it is thuggery. But, Im from Alaska, so any government authorities coming to my house can f@#k off. I suspect that you are from the east coast?

  26. 26. Anonymous

    TSA “agents” do not have Federal badge-and-gun authority like FBI, DEA, Secret Service, etc. for this reason. Left/liberal Democrats wanted it. The Bush Administration said no. Now the current admin’s nominee would like SEIU (most likely, no kidding) dictating security at airports. Constition? We don’t need no stinkin’ Constitution! Achtung, you’re papers please! We are only following orders!

  27. 27. concerned

    “So the legal service of a subpoena by law enforcement officers, who by all accounts acted civilly while performing an always unpleasant task is now described as the actions of ‘jack booted thugs?’”

    No, but we marvel at the ability of the Democrats to dispatch agents to the homes of innocent Americans – warrants in hand – but who can’t be bothered to revoke the visa of a known terrorist on a government watch list.

    It’s amazing the speed with which our own government harasses us; and the utter incompetence they display towards our real known enemies.

  28. 28. greenberry

    Remember when the FBI went to the door of the New York Times reporters that leaked NSA’s email intercept program? And the overseas fincial monitoring program? Wait . . .

  29. 29. David

    In allowing the “security” that we have at the airport, we surrendered our fourth amendment rights. And TRO, the agents did act within the “law” in serving the subpoena’s. Yet that is the problem, these bloggers did nothing wrong, yet the agents clearly indicated that they would make life hard for them. This is a clear threat that goes beyond the serving of a subpoena and carries ramnifications that anyone critical of the TSA is in jeopardy of excessive government actions.

    In our previous wars these “security” measures were not taken out against all citizens. They were confined to the enemy. Here our enemy is Islam. That is very easy to define and to target these people. To even consider taking action against the rest of us is going outside the definitions of our government. We need to eliminate security screening at the airport and take our war to the Muslims who are trying to distroy us. Though I must say, the threat of not allowing you out of your seat for the last hour of a flight would certainly cause a terrorist to have second thoughts on blowing the plane up.

    The plan and simple fact is that not security is going to protect a plane. We need to outlaw Islam and profile Arabs and others from prodominately Muslims countries. That includes that bunch we have in the US.

  30. 30. Mark

    I know it’s easy to say not having been there, but I think he should have demanded a search warrant. Having a digital voice recorder handy would be helpful as well.

  31. 31. baal

    I dunno, I’d say it’s most likely these are just cops under a lot of pressure from upstairs, the brass trying to CYA.
    Yeah they got out of line and need to apologize, and the blogger should get a little (a reasonable amount) of compensation for this.
    Yes, this exactly the sort of thing that the left screamed was going to happen to average Joe under Bush, but never actually did.

  32. 32. Bilgeman

    #17 TRO:
    “So the legal service of a subpoena by law enforcement officers, who by all accounts acted civilly while performing an always unpleasant task is now described as the actions of “jack booted thugs?” And they are cowardly? Give me a fricken break, folks.”

    I understand your take on the reactions to this event, but what I ken you are ignoring here is that it is the homes of TSA employees who might have disseminated the data in question, not the blogger who posted it.

    No matter how “civil” they may or may not have been, they had utterly no reason to be there, any more so than had the Bush Administration sent FLEOs to the New York Times Newsroom to “invite” the reporters there to “co-operate in the investigation” of which government employee may have leaked state secrets to them.

    I will say that doing their homework and zealously following leads in this manner is a very good sign, although I’d suggest it might be better directed at the e-mail activities and personal associations of people who are on the Watch and No-Fly databases…especially those, say, whose own family members have warned us that their kinfolk are up to no good…

  33. 33. Alex

    “…that document had been seen by approximately 10,000 airline personnel around the world, including personnel in Islamabad, Riyadh, and Nigeria, so the idea that it was somehow in their control” was false,…”

    RIGHT to the heart of the matter. This government is about intimidating its own citizens. That is why they are accomplices in this “terror” bs. It gives them the means to do this.

  34. 34. Emma Isa

    TRO, did you even bother to read the first paragraph?

    “They threatened me with a criminal search warrant and suggested they’d call up my clients and say I was a security risk if I didn’t turn over my computer to them. They said ‘we could make this difficult for you,’” Frischling told me in a telephone interview the following afternoon. By then, TSA had removed Frischling’s computer from his home, made a copy of his hard drive, and returned the computer to him.”

    Yes, that’s only Frischling’s word. But who the hell are YOU to tell us the agents behaved civilly? And the POINT was, they didn’t serve a subpoena. They wanted his hard drive, so they could search it. If you’re such an expert how come you don’t know the difference between a subpoena and a SEARCH warrant?

  35. 35. Bilgeman

    #17 TRO:
    “So the legal service of a subpoena by law enforcement officers, who by all accounts acted civilly while performing an always unpleasant task is now described as the actions of “jack booted thugs?” And they are cowardly? Give me a fricken break, folks.”

    I understand your take on the reactions to this event, but what I ken you are ignoring here is that it is at the homes of TSA employees who might have disseminated the data in question, not the blogger who posted it, that the subpoenas should have been served by these agents.

    No matter how “civil” they may or may not have been, they had utterly no reason to be there, any more so than had the Bush Administration sent FLEOs to the New York Times Newsroom to “invite” the reporters there to “co-operate in the investigation” of which government employee may have leaked state secrets to them.

    I will say that doing their homework and zealously following leads in this manner is a very good sign, although I’d suggest it might be better directed at the e-mail activities and personal associations of people who are on the Watch and No-Fly databases…especially those, say, whose own family members have warned us that their kinfolk are up to no good…

  36. 36. Jeanie

    Calling the lawyer was a good idea, but why in the world did the lawyer advise him to give up the drive without a warrant? I don’t understand that.

    I have to agree that “jackbooted thugs” isn’t exactly what happened here. Jackbooted thugs are the guys who don’t ask.

  37. 37. Bilgeman

    Mike1233:
    “By giving them your computer, everything is now avialable to them to make a case with. Hope you don’t have any porn on that drive.”

    There might be some on there NOW, (if the TSA boys want to “play dirty”, that is).

  38. 38. mike b

    Did you think for 1 minute the demcrats care about the constitution. Remember when they said the Republicans don’t follow the constitution? How about this? They said the republicans would start the draft again. Wait. It will get worse. Listen to what they said every republican will do to this country. It is what they will do to this country.

  39. 39. jack

    duh’ya think they are takin names and make n a list ?

  40. 40. R Wiggins

    the christmas bomber gives new meaning to chestnuts roasting on an open fire.

  41. 41. gverdi27

    Now that we have the national socialist party is running the country, these things are bound to happen occasionally. The agents who went to the door were just following orders, no reason to get upset about things. The fact that some people refuse to show proper support and loyalty to Pres. Obambi and his dedicated minions, can only lead to the need for some type of reeducation, for those who cling to the idea of liberty. Perhaps just a catchy slogan is all we need for now. how about “work will set you free” has a nice familiar ring to it.

  42. 42. Marc

    Hope and Change has now become Hoax and Chains.

  43. 43. Retired Detective

    I would have told them to return with the warrant… I think they would’ve had a hard time getting a judge to sign off based on the circumstances you descibe. And of course by the time they returned, my hard drive might have crashed and need a reformat. No sense making it easy, right? As for the threat to call your clients… well, I would certainly run that complaint up the flagpole of supervision at TSA, no call for that crap if you didn’t do anything wrong.

  44. 44. TomF

    I am for freedom of the press, but just because one can post something doesn’t mean one should.
    -Also, if this could happen to you, use Truecrypt to encrypt your drive.

  45. 45. tanstaafl

    About a month ago, an outdated TSA manual appeared online, reportedly disclosed by TSA itself on a government website and reposted on several non-governmental websites. I recall lots of information as to protocols & procedures, including detailed pictures of (reproducible) security badges.

    Maybe the TSA could chasten, intimidate & threaten itself for providing that terrorist roadmap.

  46. 46. Marie Claude

    JFM

    http://www.youtube.com/watch?v=9l_3AM_fncs

    on the eve to cross the line for 2010, I wish you happy new year

    and to all the readers too

  47. 47. GLASS

    Foreign guests, WELCOME TO THE USSA.

  48. 48. tanstaafl

    The handling of this whole “Christmas day event” is starting to smell like bad fish.

    Yes it is

  49. 49. Allie F.

    What, Obama has turned the FBI into the Gestapo????? America, be afraid, very afraid of what this delusional tyrant is attempting to do with our Constitution, our freedoms and our rights!!!!

    We have a clueless, hubris fool as POTUS. We have NO leadership, credibility, integrity, honor, patriotism or decorum. Only photo ops, extended extravagant vacations and tyranny from this corrupt, evil man and his America-hating wife. We have an administration packed with criminals and miscreants, unvetted Czars and a spending spree out of control.

    IT IS TIME TO TAKE BACK AMERICA!!!! Re-elect no one. TIME FOR TERM LIMITS.

  50. 50. eon

    I notice that TSA is “concerned” about the dissemination of a document that is sufficiently “non-sensitive” that practically anyone who works for them can peruse it (i.e., no security classification), at the same time they are giving HQ tours and “friendly” inbriefs on their security operations procedures to… CAIR.

    Never mind that anything they tell CAIR will almost certainly end up being explained in detail to People Who Don’t Like Us.

    Obviously, on a scale of one to ten, bloggers who don’t “toe the party line” are considered a much more serious threat than people who associate with Islamic extremists. At least, in TSA’s “expert opinion”.

    clear ether

    eon

  51. 51. Robert Tulloch

    17. TRO:
    These are jack booted thugs and probably pro-Obama fascists to boot.
    I would have a hard time not shooting.

  52. 52. Henry chance

    I see several mentions of porn creating a risk. The Obama safe schools czar is sending porn to kids when they start school.

    Obama brown suits are misguided. They shooulld spend their energy chasing terrorists and not reporters. Unless truth is considered dangerous now.

  53. 53. tanstaafl

    Furthermore, exemptions written into the TSA security directive (e.g., exempt from personal pat downs) are not exactly what you’d call fair treatment.

    2. During the boarding process, the air carrier may exempt passengers who are Heads of State or Heads of Government from the measures outlined in Section I.A. of this SD, including the following who are traveling with the Head of State or Head of Government:

    1. Spouse and children, or
    2. One other individual (chosen by the Head of State or Head of Government)

    Keep your paws off me

  54. 54. Anonymous

    Marie Claude,
    WONDERFULL.!…
    Let’s hope your right
    We know what happens to the poor owner of the store
    But in the end good people can make it happen and do

  55. 55. noreen

    This whole thing is getting weirder by the day. A few of the passengers on the Detroit flight have been talking about a dog sniffing out another Middle Eastern passenger on the flight. It sounds like the guy had some explosives in his carry on and they had to move the rest of the passengers for safety. This passenger was taken away on handcuffs. What is going on here and why are we not being told about this other passenger who was arrested. Why are Obama’s brownshirts terrorizing journalists in their homes. There are more questions than answers.

  56. 56. Harley2002

    Welcome to Communist America. The mastermind of 9/11 deserves a fair trial while Odumbo’s Gestapo terrorizes private citizens. What saddens me is how many brainless robots the government has with arms that would even do something like this.You people out there better be prepared to fight for your freedom as this Marxist administration has no problem shredding your Constitutional rights and the Lamestream press does not give a damn they are so invested in keeping their man Osama I mean Obama on top.

  57. 57. John C. Randolph

    Wait a minute.. They “threatened him with a warrant”, not “served him with a warrant”? In other words, they DIDN’T ALREADY HAVE a warrant?

    He should have called 911 and had them arrested for an attempted burglary.

    -jcr

  58. 58. Charles

    The majority of Americans drank the koolaid and are full supporters of this cult like craze. I am afraid that it will only get worse as these cultists continue their rule for the next three years.

  59. 59. Warrant Please

    Why is it that Americans feel they must open the door when someone knocks on it and answer the phone when someone calls into our homes? It might be prudent for people to remember that they are not bound by any law to open their doors or to pick up their phones. They do not have to admit persons into their living rooms just because they claim to have some kind of “authority”. They can speak to the other party through a window -demanding to see their idenitifcation and demanding to know whether there is a warrant for property or their arrest. If not, they should remember that they do not have to answer anyone’s questions either in their home or “down at headquarters”. Only a warrant for their arrest can move them out of their home. Stand tough, America. Make the powers to be WORK for it if they intend to intimidate law-abiding Americans but let Yemeni Al Quaida trained Nigerians without passports into our country.

  60. 60. Federale

    Very interesting. I don’t think the two law enforcement branches of TSA, Office of Inspections and the Federal Air Marshals Service have subpoena authority.

    In any event you cannot subpoena a computer, you can supoena the records on a computer, but not the computer.

    But if they had to threaten him with contact to his clients, then they did not have a real subpoena.

    Someone should report this to the Department of Homeland Security Office of Inspector General that investigates misconduct by DHS employees and specifically the TSA:

    •DHSOIGHOTLINE@dhs.gov.

    •DHS Office of Inspector General/MAIL STOP 2600
    Attention: Office of Investigations – Hotline
    245 Murray Drive, SW, Building 410
    Washington, DC 20528

    •Fax 202-254-4292.

    •Hotline at 1-800-323-8603

    Or the Boston Field Office that has jurisdiction over Conneticut:

    (617) 565-8705 / Fax: (617) 565-8995

  61. 61. Federale

    It is also illegal to threaten someone with a search warrant. If you have to threaten a search warrant then you don’t have subpoena authority.

  62. 62. K. Smith

    I would have my hard drive completely re-formatted if not simply shredded and replaced if any government person took it and copied it! Who knows what spyware/malware they put ON it before they gave it back?? If I were doing any kind of information sharing/blogging in the era I would have NOTHING on a hard drive and keep things on a detached system only! Let them find THAT when they ask for my computer!

  63. 63. Rock

    TSA seems to be a little overzealous in protecting information that may be damaging to them. Also might explain why the blogs a couple of weeks back about several disruptions on domestic flights describing incidents that may have been test runs for terrorist seemed to dry up overnight. Why does this administration always strike in the night? One other thought last night NBC’s Racial MadCow (what ever) leaked a secret Pentagon report on Afghanistan forces and this gets a pass, even while we have troops at risk in the zone. It is so frustrating to see the direction we are heading.

  64. 64. James In Texas

    I knew it was just a matter time before the Democratic Socialist Party under Barack Hussein Obama started using Gestapo like tactics to control free speech.

  65. 65. Matthew

    A while back, in the land of oz, an embarrassing document made its way into the journalistic domain (can’t remember exactly what it was, now – I think it might have been a leaked report on security failings at sydney airport that were allowing criminal networks to ship drugs in passenger luggage – a comforting thought, you’ll agree). Federal police turned up a journalists’ homes, removed hard drives from any computers in the house, and smashed them with mallets. Completely pointless from a technical point of view (there’s no WAY I’d keep a single copy of something like that), but very good at sending a message. The message was received – and passed along to the general public, which was (I believe) not very impressed.

  66. 66. mike acker

    give it to ‘em

    then charge them with armed robbery

  67. 67. Paul

    Treating terrorists like citizens, and citizens like terrorists.

    Nice.

    Now that that distinction is over with……time to draw tight the noose.

  68. The ironic thing is, if the TSA was this interested in stopping terrorists, they probably wouldn’t have anything to cover up, because there probably would have been no attempted bombing on Christmas.

  69. 69. Rock

    Seems we have crossed the line from agents who once protected American’s now seem inclined to protect the leaders. So far the FBI and TSA seemed to be the only ones compromised. The fact that so many Americans do not trust the Government is troubling regardless if facts support that fear. Loss of trust is the end result of corruption, lies, and half truths, and being kept in the dark.

  70. 70. Dandapani

    Annie, I’ve been following your work since you first reported the “practice runs” by Islamist years back. You. Rock! Keep up the great reporting.

  71. 71. Ltw

    Maybe he could form a support group with Steve Jackson.

    http://www.sjgames.com/SS/pdk-article.html

    Of course, different agency and the law may well have changed – but there are some interesting issues raised here.

  72. 72. Sharpshooter

    #17:

    Civilly?

    Go back to East Germany where you came from.

  73. 73. truthordie

    Typical threats by scum on the left who think they are god. It’s time all the pathological liars, thieves, extortionists and America-haters that is the Left be Impeached, waterboarded, and jailed in 10 cu ft cells welded shut. Communist or leftist? what’s the difference! I did many years traveling thru airports on daily basis and the stupidity that reigns from DC to the security lines is pure freedom for terrorists who laugh at the P.C. garbage killing what used to be America before the faux pres!

  74. 74. Matthew

    It’s worth pointing out that to some of us this newly-discovered outrage at the TSA is a bit amusing. The TSA has been a favorite scratching post for lefties (and even a lot of sensible people) for a while. Apparently it only attracts the attention of wingnuts when it does something stupid when a democrat’s in the whitehouse.

  75. 75. 48 Laws of Power

    OK. So where are we headed with this?

    Threaten a guy with a warrant? This is bad, really bad. You dont threaten a guy with a warrant, you get one if it is needed as this is part of the process and protects the chain of custody for any evidence collected

    They had nothing on this individual of any consequence, but because he had his kids he decided to roll. we have to toughen up. …..

    this type of event, minor in scope as it is, is frightening. they are clearly more interested in protecting themselves than they are protecting us. they should all be fired and replaced with some people with a shred of common sense and decency.

  76. 76. Snake Eater

    Obama’s AmeriKa rearing its ugly head at last.

  77. Boingboing is reporting that both bloggers are in the clear.

    http://www.boingboing.net/2009/12/31/tsa-drops-subpoena-i.html

  78. 78. MacAoidh

    Looks as though the TSA bumblers have now issued a “never mind” to Frischling and Chris Elliott, the other travel blogger they attempted to strong-arm.

    http://thehayride.com/2009/12/update-tsa-goons-lay-off-travel-blogger-demands/

  79. 79. gverdi27

    I’ve never understood the almost blind loyalty conservatives have for the police. While they do provide a necessary service to the community it would be wise to remember they serve their masters which happens to be the government. Most will follow their orders, whether they are legal or not. Limited government means limited ability to oppress, however in most localities you have local, county,and state police perhaps a state Bureau of investigation, fish and wildlife, and environmental enforcement officers and all this before even considering the amount of armed officers at the federal level. WHEN they decide to completely revoke our freedoms and sooner or later it will be tried, who will be standing with the public.

  80. 80. Tinmouth

    I think you are making a mountain out of a molehill in regard to the “Christmas day event” characterization. It’s just a message advising you where to go to get information, not a press release. As regards the real story here, it is time for you, Ms. Jacobsen and Mr. Frishling, to ask yourselves – Are we at war or are we not? Mr. Cheney accused Obama of trying to pretend we are not at war, and I agree with Mr. Cheney. If the TSA is treating this as a war also, then isn’t that what we conservatives have been wishing they would do? You can’t have it both ways. I think we should all buckle down, zip our lips, and think twice before broadcasting everything that comes our way.

  81. 81. Delia

    Remember the ‘Cash for Clunkers’ fiasco with the software the car dealer’s installed from the gov. for the program that basically said, “Your computer is OURS now”?

    I feel the water getting hotter.

  82. 82. alex

    Govt is not a single entity that operates as a cohesive unit. It is many agencies competing with each other, sometimes undercutting each other, sometimes blackmailing each other, sometimes committing illegal acts against each other.

    in 2002 a US intelligence Officer started a Manufacturing company in California, and thru relationships with Military was able to procure large amounts of Defense Contracts. He would then issue those contracts to companies. He would only pay the companies 20-30% of the total, and pocket the balance. This went on for about a year until there was several million dollars accumulated, he sent funds to family members and filed bankruptcy to cover up the embezzlement and thefts.

    When it finally hit the courts, the US military refused to cooperate with the Dept of Justice, which by now had about a dozen people that were in danger of losing their homes and businesses due to fraud. The Intelligence officer had high level clearance and was able to use relationships to delay and continue covering up his crimes, including threatening officers of the court and Dept of justice. He got away with the money, and continues to commit white collar crimes in California and Arizona to this day.

    Just because someone works for the Govt or military, does not mean they are not criminals or capable of committing criminal acts. NEVER give up your rights because someone works for the govt…they can be as much a criminal as any mobster or bank robber. Never trust anybody with your property or safety because they work for the Govt.
    The Citizen is no longer afforded protections guaranteed in the Constitution, they are only yours if you are willing to shed blood for them.

    These are perilous times, and the Govt is certainly in no position to be trusted any longer.

  83. Seems to be a big invasion of privacy.

  84. 84. AdrianS

    All searches of persons, luggage and private belongings at airports in the United States by the TSA (Trasportation Security Administration) are patently illegal and unconstitutional.

    Fourth Amendment to the United States Constitution
    The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

    In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.*

    Probable cause
    In United States criminal law, probable cause refers to the standard by which a police officer has the authority to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” — Fourth Amendment, Bill of Rights.*

    *from Wikipedia.

    Nude scanning of indivuduals at airports is to be opposed fully, completely and totally. It is an invasion of privacy not permitted without probable cause. Searches of person and property can only be accomplished according to the Constitution of the United States of America. Without probable cause, the nude scanning of individuals is molestation and voyeurism at its very worse.

    Rep. Tom McClintock, a California Republican who co-sponsored the legislation however, called the scanning “a virtual strip search” and said security officials can use less invasive methods such as bomb-sniffing dogs to detect explosives.

    “It is precisely the same as being pulled into a side room and being ordered to remove your clothes physically,” he said. “In either event, your nude image is being inspected by several security guards.”**

    However, another California Republican, Rep. Dan Lungren, who’s been promoting the technology for four years, said the Christmas Day incident should help support his cause when Congress reconvenes in January.**

    **from http://www.mcclatchydc.com/nation/story/81412.html.

    Note that Rep. Dan Lungren is making an unsubstatiated comment. There is no way that any person, let alone hundreds or thousands, at an airport could be said to be a suspect. Neither is there any implication that, in a court of law, it could be shown that there was probable cause for any of the thousands of searches that the TSA conducts. None.

    Only in a fascist, communist run government could there be such wholesale inculpation. Each unlawful and unconstitutional search by TSA and the US government is tantamount to a false arrest and molestation of the privacy of individual citizens subjected to nude scanning. Unchecked or stopped, the current TSA “security screening” is allowing TSA to commit pornographic voyeurism en masse. To allow these types of searches to exist or continue in the United States is moral debasement by citizens and elected officials.

    There are alternatives to illegal and unjustified law enforcement; alternatives that do not put billions of dollars into the hands of scanning system salesmen, manufacturers, and nude scanning promoters — all voyeurs, molesters and immoral creeps.

  85. 85. lagirl

    We have muslims trying to bomb our planes, but our govt declares war on the bloggers, wtf?

  86. 86. Bilgeman

    #80 Tinmouth:
    “Are we at war or are we not?”

    Of course we are at war. The question is: who are we at war with? Or more precisely, who is at war with us?

    “If the TSA is treating this as a war also, then isn’t that what we conservatives have been wishing they would do? ”

    I answered this earlier. Send the knuckle-draggers out to lean on the chaps whose own family members have warned us. Go and sweat the known associates of the people on the Watch and No-Fly Lists.

    If TSA is at war with terrorists, then that’s waht they SHOULD be doing…don’t you think?

    And if they have people at TSA leaking sensitive information, (which this apparently isn’t), then they should set their hounds on them…the other GS- pay grades who haven’t got their minds right.
    (Heck, that’s a decades-long career path right there!).

  87. 87. Mr. Bumpers

    I’m headed down to Scheels as soon as they open to see if there is any .12 gauge shells left on the shelf. Probably not. Ditto for handgun ammunition for my .357 or my Colt .45. How the mighty have fallen to have come to the point where jackbooted thugs kick in (ok on) the door and threaten citizens. Perhaps if Frischling had been a MUSLIM the thugs would have backed off in the interest of political correctness. But from the picture it appears that Frischling is just your average White Guy so bring on the Secret Police. How’s that for “HOPE AND CHANGE”. Yeehawwwwwww!!!

  88. 88. chemman

    Show up on my property without a warrant and Mr Springfield will escort them off posthaste.

  89. 89. keyboard555

    If the TSA can come into your house and threaten you, what is going to happen, when under EXECUTIVE ORDER by OBAMA that allows INTERPOL to have free reign in the USA? THEY are exempt from our laws. People can be hauled before the INTERNATIONAL COURT and tried. WHY IS THE NEWS NOT REPORTING THIS? THE WHITE HOUSE WILL NOT SAY ANYTHING. MORE ADM. SECERTS. WE HAVE NO RIGHTS ANYMORE UNDER THIS ADM.

  90. 90. RagnarD

    ….“made it clear that if I said ‘no’ to letting them have my hard drive, they were going to come back with a search warrant,”….

    Bring it, but come back with the warrant. His lawyer was wrong, wrong, wrong. I was not aware TSA had leave to carry arms on the streets nor serve search warrants. I think this guy needs to get a good lawyer and sue the TSA & Co. for violation of his rights and due process. This should not stand. Have we slipped into ‘Cloud-Cuckoo Land’?

    …‘we can make it hard on you’… ???????

    Good, make it hard on me. Frakkin’ jack-booted thugs.

    Marc @ 42:

    Hope and Change has now become Hoax and Chains.

    How about “Rope & Chains”? “Soap & Chains”?

    Tinmouth @ 80:

    I think we should all buckle down, zip our lips, and think twice before broadcasting everything that comes our way.

    I shall be sure to do so for your type when they come to lead you away for “re-education”. Who exactly are they at war with? It seems that the gov’t is now at war with the people.

  91. 91. TheNewGuy

    You can’t coerce a consensual search… threatening somebody with “making it difficult” or with assassination of their reputation is intimidation… and does NOT constitute valid consent. You’re also over the line when you Bogart your way in with the “let us search, or we’ll just come back with a warrant,” implying that it would merely be a formality.

    Any attorney worth their salt would challenge that evidence.

    I suspect the TSA agents knew this, if they had any LE background whatsoever. They probably got what they wanted from their forensic examination of the hard drive, and having accomplished their goal through intimidation, are content to simply let the matter drop.

    Frischling should NOT let this drop. He is entitled to an apology from someone.

  92. 92. gverdi27

    Here in Pennsylvania the courts have ruled that when a traffic stop is made it is permissible to search the vehicle including the trunk to ensure the officers safety. So much for the fourth amendment. Talk to someone involved with the family courts if you want to see basic rights violated on a consistent basis. Slowly but surly the constitution is either being violated or ignored.

  93. 93. TomF

    There is a flip side of this whole incident. Frischling and Elliott should thank the TSA for the notoriety they have achieved through this “event”. If I am not mistaken, they can check their blog traffic which has undoubtedly increased significantly. Of course most of the traffic will be just a spike, but they may retain some viewers. Kind-a-like Dave Carroll (country music singer) who got a boost when United broke his Taylor guitar and he made a great video about it. Frischling could capitalize by making a video, “TSA breaks laptops”. As was reportedly happened to his returned laptop.

  94. 94. Yossarian

    If the document in question has no classification markings, is not marked FOUO, or has no dissemination restrictions marked on it, it’s hard to see where the TSA has any sort of complaint whatsoever.

  95. 95. bob

    happy New Year guys

  96. 96. MiBu

    TSA is an unConstitutional agency. They are NOT police and have NO right to go people’s homes (with guns) to demand anything. There is a proper process where US Marshalls can handle this by presenting a valid warrant signed by a magistrate or judge. They searched and seized property without a warrant?? The TSA agents should have been already by the State Police. This is what becomes giving these daisies badges.

  97. 97. willis

    Thank God we got rid of BushHitler and voted in the Chosen One. Saved our civil rights just in time. Oh, and to all you folks who say they don’t mind government searches of their property because you have nothing to fear if you aren’t guilty of anything. Guess again.

  98. 98. Meryl

    Would it be a different kettle of fish if a citizen were to say to an FBI agent, “I could make this real difficult for you”? I imagine said citizen would immediately be charged with making threats against a federal official. When citizens are afraid of government, you have tyranny.

    Looking forward to reports of obama’s Memorial of the Union Address to see how he spins.

  99. 99. pelaut

    Frischling is entitled to a court award after for violation of his civil rights (4th Amendment) by a Federal Authority.

    We’re always being told we can’t sue the govt for unconstitutionality of 98% of its laws because of NO STANDING. They say the harm has to impinge on an individual for the court to make a finding.

    Well, here it is! Where the hell is the ACLU now?

  100. 100. mike acker

    AdrianS: referencing wickedpedia in a scholarly essay? my goodness!!

  101. 101. oldguy

    The TSA is in on the plot.

  102. 102. Mike Acker

    Chapter Forty

    Nulli vendemus, nulli negabimus, aut differemus, rectum aut justiciam.

    You may recognize this as from the Article of the Barons, also known as The Great Charter

    it says: “To no one will we sell, to no one will we refuse or delay, right or justice.”

    If you address “the Feds” with an issue in court they will quickly make it too expensive for you to pursue. someone get a pen, them Feds need to sign, right underneath King John’s mark.

  103. 103. Lincolntf

    I wish I could say that this story is unbelievable, but I guess I can’t. Mr. Frischling, you are owed a sincere apology and explanation (at the very least). As for the oily bureaucrats who stomped on your rights in order to preserve their focus-group friendly doublespeak, I wish they could be charged with a crime.

  104. 104. Daviid

    “No other dissemination may be made without prior approval of the Assistant Secretary for the Transportation Security Administration. Unauthorized dissemination of this document or information contained herein is prohibited by 49 CFR Part 1520 (see 69 Fed. Reg. 28066 (May 18, 2004)”

    This Federal Regulation currently applies to “… all DOT employees and to all DOT contractors, grantees, consultants, licensees, and regulated entities that have access to or receive SSI. Such employees, individuals, persons, entities, and organizations are subject to the safeguarding and non-disclosure restrictions…” ( http://www.fhwa.dot.gov/legsregs/directives/orders/ssi/ssimemorandum.htm )

    The TSA has no authority to take action against journalists or any other private citizen. They certainly have aright to investigate and take action against any “covered” party whomay have made the original disclosure. Threatening a “criminal warrant” and the other described actions by these agents IS criminal.

    It will be interesting to see the reaction of those that railed against the restrictions of civil liberties in the “Patriot Act” (many in the current administration and most in congress). I’m betting forked tongues will start wagging on the subject very soon..

  105. The systemically-recidivist and systemically-treasonous vast RICO-racketeering criminal enterprises that prefer we call them by their street name, the “Democratic” potty, have for so many score years, already, been allied with every other of America’s enemies (although none so deadly) it should surprise none of us that under the un-and-anti-American tutelage of their latest self and own culture-loathing “leader,” the empty gallabiyah, Sayyid Buraq Hussayn 0zero, they are so cravenly seeing to al Qaeada’s every barbarian illegal combatant’s every want, every comfort and every need.

  106. Gosh what a frigging pussy! This is how our rights are lost when people that are threatened fold up like a wet dishrag. I had an experience with the Secret Service one time where a client asked me to create some reports which look like they contained credit card numbers. I made the reports, he paid me with a rubber check. I told him I was going to hold his data hostage until he paid. Thinking about it, I thought perhaps I should at least let the police know my plans…it being illegal to have other people’s credit card numbers without their permission. I called the Austin police, they said “no problem” but at 7am the next morning, with my two kids, two Secret Service agents showing guns were banging on my door. I didn’t open the door until I’d verified the information on their cards by calling the local Federal building. They threatened me but I told them they could do whatever they wanted but I wasn’t handing over SHIT without a warrant or a piece of paper signed by the agent in charge stating I gave it up under threat of arrest. At each point of our contacts, and there were several, I sent registered letters to the U.S. Attorney and Texas A.G. keeping them informed. You either stand up or lay down. Pussy Pussy Pussy. It’s people like you that are leading us to doom. Freedom is taken away one incident like this at a time. If there is push-back they learn.

  107. 107. Tom Jeffersen

    SenatorMark4: I wholeheartedly agree with the thrust of your #106 post, but not everyone confronted face-to-face with the threat of force is able to so easily resist it. But again, I agree Americans should always stand-up and resist any acts which threaten to further erode our Constitutional rights.

    Not all such federal agents are jackbooted thugs. However, a great many are former street cops whose primary aim is promotion, power and ultimately maximizing their future and very generous federal pension. They will do anything to protect this sacred goal. And they regard anything which stands in the way as a “threat.” As with most of us, it comes down to survival and self-interest.

    For those agents who do step outside the line of their sworn oath, perhaps the best defense is a “Saulinsky-Obama offense.” Do not waste too much time lamenting against this agency or that agency. Target, expose, “freeze” and isolate the individual agents who threaten the very Constitution and citizens they swore to obey and serve.

  108. 108. Don Williams

    The TSA is primarily made up of rent-a-cops who could not make the grade with “real” law enforcement agencies and other folks who could not make any other living and were federalized when the government decided airport security was too critical to leave in the hands of minimum-wage peasants. Unfortunately, they did not weed out the incompetents BEFORE they did this and now they have the federal employment policies and unions looking out for them, which means, they really have to err in a major way to get fired. Even then, they will probably be transferred and/or promoted instead.

    So, when they do screw up (like the release of the document mentioned), they will do everything they can to divert attention from their screw up – even at the cost of our rights and civil liberties. We must hold them accountable. We must fight in congress, in the press, and in the courts, to keep our rights as free people. We are not living in a socialist republic yet!

  109. 109. tanstaafl

    Democrats have been complaining that nasty old obstructionist Republicans have been holding up Obama’s TSA pick.

    They claim it’s even more critical to name this new bureaucrat after the recent crotchbomber débacle, of course.

    Well, the guy has some sterling credentials that rival those of some of Obama’s other picks. (Geez, can’t these people find anyone who doesn’t have skeletons in their closets, or what ?)

    TSA nominee misled Congress about accessing confidential records

    inappropriately accessed a federal database, possibly in violation of privacy laws…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.

  110. 110. Anonymous

    (Re: post #108) >>>The TSA is primarily made up of rent-a-cops who could not make the grade with “real” law enforcement agencies…<<<

    Don, it is true a great many of the TSA security officers who screen passengers and their baggage are former private security employees. However, the TSA agents who perform investigations (gun toters) were former cops. It is also true several TSA agents do not possess the right skill set, cognitive abilities or otherwise professionalism. Most FBI agents at least are well versed on their Constitutional limits and the purposeful restraints it puts on their threat and use of force. When the DHS was established, a great number of open positions had to be filled and filled quickly. It will take the DHS some time to recalibrate, weed out the incompetent and professionalize.

  111. 111. gus3

    Report: TSA Withdraws Subpoenas Against Bloggers

    http://www.wired.com/threatlevel/2009/12/tsa-withdraws-subpoenas/

  112. 112. cclezel

    I would have to say this is a serious lessons learned episode. I can not fault the man for giving in to their threats. How many of you have EVER thought through just this sort of scenario? In the military you train everyday for the possible scenarios you may face. I would suggest we start to learn how each of us would react and how we should react. I have a fear this administration will use whatever tactics they deem necessary to simple law abiding citizens. They know we will bend becasue it is against our nature to think that our law enforcement officials would act outside the law. It’s time to think outside the box, this is not your typical administration, this is a power hungry administration looking to change our way of life contrary to the Constitution. It’s time to get versed in our rights and take your stands.

  113. 113. gus3

    “I can not fault the man for giving in to their threats.”

    I can not fault the man who, in the face of deadly force times 2, chose not to elevate the danger to his three-year-old.

    For those of you who insist he should have “stood up for himself” against the TSA thugs: No amount of being “in the right” is any consolation at a child’s funeral.

  114. 114. Rubicon

    It is somewhat bizarre that this blogger was approached, yet the very man who tried to kill people was allowed on airplanes despite multiple warnings by his own father. The document was supposedly confidential, yet was available on-line at multiple websites. How can it be confidential?
    Demanding his hard drive rather than just what is related to the document, leaves one to suspect they were looking for more than just info on how he got the document or who gave it to him. The entire hard drive info could be used against this man for purposes other than just this document. W/o a search warrant, the TSA has open access, with his permission, to any & all info on that hard drive.
    However, I also understand why he ‘gave in”. Lets face it, who wants their children to be at the mercy of government bureaucrats?
    W/o his wife or another adult family member present, the government could have brought in the ‘child protective services’ organizations. No parent wants their kids in the hands of that group. Once they get the kid, it could take years to get them back, & even then your bank account could end up empty after fighting for the kids, and your reputation destroyed as everything about you is blown out of proportion.
    It is ironic our government wants to go after citizens on issues, while they do nothing to government employees who leak info to ‘certain media allies’ of the administration.

  115. 115. grand kafir

    this is the equivalent of police handing out seatbelt tickets in front of a crack house.

  116. 116. Nedarc

    Civil liberties is like toilet paper to this administration. If they can get away with a 2k plus health care package that is basicly against our constitution, while bribing senators openly…The sky is the limit. Like Al Jolson once said: “You ain’t seen nothin yet !”

  117. 117. AdrianS

    All searches of persons, luggage and private belongings at airports in the United States by the TSA (Transportation Security Administration) are patently illegal and unconstitutional.

    Fourth Amendment to the United States Constitution:
    The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

    In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.*

    Probable cause
    In United States criminal law, probable cause refers to the standard by which a police officer has the authority to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” — Fourth Amendment, Bill of Rights.*

    *from Wikipedia.

    Nude scanning of indivuduals at airports by TSA employees is to be opposed fully, completely and totally. It is an invasion of privacy not permitted without probable cause. Searches of person and property can only be accomplished according to the Constitution of the United States of America. Without probable cause, the nude scanning of individuals is molestation and voyeurism at its very worse.

    Rep. Tom McClintock, a California Republican who co-sponsored the legislation however, called the scanning “a virtual strip search” and said security officials can use less invasive methods such as bomb-sniffing dogs to detect explosives.

    “It is precisely the same as being pulled into a side room and being ordered to remove your clothes physically,” he said. “In either event, your nude image is being inspected by several security guards.”**

    However, another California Republican, Rep. Dan Lungren, who’s been promoting the technology for four years, said the Christmas Day incident should help support his cause when Congress reconvenes in January.**

    **from http://www.mcclatchydc.com/nation/story/81412.html.

    Note that Rep. Dan Lungren is making an unsubstatiated comment. There is no way that any person, let alone hundreds or thousands, at an airport could be said to be a suspect. Neither is there any implication that, in a court of law, it could be shown that there was probable cause for any of the many thousands of searches that the TSA conducts daily. None.
    Only in a fascist, communist run government could there be such wholesale inculpation. Each unlawful and unconstitutional search by TSA and the US government is tantamount to a false arrest and molestation of the privacy of individual citizens subjected to nude scanning. Unchecked or unstopped, the current TSA “security screening” is allowing TSA to commit pornographic voyeurism en masse. To allow these types of searches to exist or continue in the United States is certain moral debasement by citizens and elected officials.

    There are alternatives to illegal and unjustified law enforcement; alternatives that do not put billions of dollars into the hands of scanning system salesmen, manufacturers, and nude scanning promoters — all voyeurs, molesters and immoral creeps.

  118. 118. Earl T

    Point of this is:

    1) When do you talk with any law enforcement officer/agent about your behavior, without your lawyer present?

    Answer: NEVER!NEVER! NEVER!

    2) When do you yield up any of your possessions, papers et al, to demands of law enforcement officers/agents without your lawyer’s review and without any valid warrant involved?

    Answer: See answer above!

  119. 119. tanstaafl

    The president can’t tell an allegedly alleged suspect (which is what he is in Obama fantasy-land) from an enemy combatant (which is what he is in cold hard reality). But worse than the complacent cop-show jargonizing was a phrase it’s hard to read as anything other than a deliberate attempt to mislead the public: The president referred to the Knickerbomber as an “isolated extremist.” By this time, it was already clear that young Umar had been radicalized by jihadist networks in London and fast-tracked to training in Yemen by terror operatives who understood the potentially high value of a Westernized Muslim with excellent English from a respectable family. Yet President Obama tried to pass him off as some sort of lone misfit who wakes up one morning and goes bananas. Could happen to anyone.

    This President initially characterized the Ft. Hood shooter in much the same way. On anything related to Islamic terrorism, he is (still) trying to make the preferred view inside his own mind (his “narrative”) into the real one.

    Dangerous stuff, this blind presidential incompetence.

    Mark Steyn: The Joke’s on Us

  120. 120. Don'ttreadonme

    TSA in Seattle ‘cuffed a inbound traveler because he wouldn’t tell them his income level……Coming soon to your area!

  121. 121. William Rouhier

    Since, when is TSA allowed to go outside of the airports to harass and intimidate anyone? If, a person is suspected of being a threat, then the ” Authorities ” should have contacted the other Nazi’s Homeland Screwity or some other Nazi Federal agency. I say, TEACH THEM A LESSON and SUE. It’s obvious that your rights were violated. We are not supposed to fear Government. They are supposed to fear us. WE the People, not We the Government!

  122. Interesting article. Thanks for sharing. I’m curious to see if there are any lawyers on this listing and see what their opinions are regarding the subject.

  123. 123. Tom

    Are you kidding me? Don’t TSA Agents have anything better to do than to go after a Blogger?

  124. As mentioned, TSA agents should be sharpening their skills, and finding better things to do with their time than chasing Bloggers. Just amazing right now what is going on.

  125. I am having problems viewing your website with firefox..Did you change something?

  126. 126. NOAH

    This is a excellent site. Thanks for giving us your valuable knowledge

  127. 127. Joe

    I hear a lot of comments on what our administration is doing and what they aren’t doing. I see plenty of criticism about our civil liberties and so forth but the one thing I never see is solutions to problems that exist and aren’t going away. Let’s face it if we know have of the things that go on with running a country or a big corporation we would be sick to our stomachs. As in the words of Jack Nicholson in a FEW GOOD MEN. “YOU CAN’T HANDLE THE TRUTH”! That’s why there is politics to see which party can lie the best before the get into office and do what ever the hell they want.

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