I filed my objection the the R&R today (see the previous post). This filing is my opportunity to convince the district judge that the recommendation issued by her magistrate judge was, well, poor, short-sighted, lacking in thoroughness, and overstepping its bounds.
This is the first time I’ve ever written an objection to an R&R, and it puts the author in a precarious position. On one hand, if I don’t strongly and clearly object, the R&R will be adopted and I’ll lose my motion. On the other hand, the magistrate is an officer of the court just as the district judge is, and for all I know they’re best friends, so any criticism must be delivered as respectfully and tactfully as possible.
The TSA has until Friday to file their own objection, which I don’t really expect them to do. After that, the district judge may rule at any time, so we’re looking at as early as Monday, but more likely several weeks from now.
Corbett v. US – Objection to R&R (.pdf)
The objection lists 5 exhibits which are not in the document. They are:
A – http://abcnews.go.com/Travel/miami-airport-tsa-officer-charged-assault-manhood-jokes/story?id=10583691
B – http://www.flyertalk.com/forum/travel-safety-security/1157130-tattoos-visible-body-scanner.html (post #3)
C – http://www.usatoday.com/news/washington/2011-03-04-bodyscans04_ST_N.htm
D – http://www.wbtv.com/Global/story.asp?S=14142489
E – http://www.wate.com/Global/story.asp?S=13407686
Professional Troublemaker ® 
Logical and awesome arguments! Espcially at III regarding alternate modes of transporation.
This makes me want to get a horse especially after seeing pictures of the mobile scanners I saw placed on highways and forced drivers to go through. Some reports said they were training exercizes for the scanner operators. Passing through them should have been a choice on a voluntary basis.
Impaired driver checks are one thing, but police cannot search your car without probable cause even then.
I hope you win.
FYI
http://www.lonestarreport.org/Home/tabid/38/EntryId/1022/Simpson-files-anti-body-scanner-bill.aspx
There are now bills pending in no less than 5 states. I hope to see them passed expediently.
–Jon
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