No Screening Required at LGA Today!

To any frequent flyer, this is a familiar scene: the “one way” hallway between the secure area and the baggage claim. What is conspicuously missing, however, is the person at the desk on the left side to ensure that this stays a “one way” hallway. There are no auto-sensors or anything at LGA to ensure that no one can pass. I’m not even sure there are cameras here. Anyone walking this way would have had all-access to the terminal with no screening at all.

$1B spent on machines to digitally strip search you, in the process making children cry, causing sex abuse survivors to have flashbacks, humiliating the disabled, and trashing our constitution… all for nothing with the back door left wide open.

UPDATE: CBP Patrolling *Inside* Music Festival!

I posted earlier about TSA patrolling outside of Detroit’s Electronic Music Festival. DHS apparently doesn’t want to stop there: inside the festival, there were uniformed border patrol agents:

What could CBP possibly be lawfully doing in a music festival? Well, of course, I asked. The response was along the lines of: “We’re within 50 miles of the border, and can patrol anywhere we want to. We can enforce both state and federal laws.”

Absolutely astounding.

TSA VIPR Team Spotted at… Detroit Music Festival??

Pass the message on to the “If you don’t like the TSA, don’t fly!” crowd: the TSA is bent on expanding to all modes of transportation: subways, trains, buses, and even the open road. We’ve already seen them in a Texas bus system, Tennessee highways, Georgia Amtrak station (“accidentally” screening passengers who simply wanted to leave the station!), and Florida Greyhound stations.

You can add to this list the following terrorist-rich environment: Detroit’s Electronic Music Festival (“DEMF” or “Movement”). An electronic music producer myself (in between sessions of suing and embarassing the TSA, and my day job, I find a little time), I attend a large number of music events across the globe each year. So you can imagine my surprise when I was wandering from the festival to my car when I ran into a group of 5 men who looked like police officers, but one of whom was wearing a bulletproof vest with the large letters: TSA. Upon closer inspection, all of the men were DHS employees, and at least 2 were armed law enforcement officers (yes, the TSA has armed law enforcement officers — but don’t confuse these with the guys confiscating your toothpaste in airports, all of which are not actually law enforcement).

Naturally I had to see what was up. I approached them and asked if something was going on — if they were on some kind of joint mission with local law enforcement — and they gave me an ambiguous, “Well, maybe Detroit police are a little short-staffed.” When I followed up by asking them if they were a VIPR team, they perked up a bit, and were as shocked as I was to see them that a member of the public knew what they were up to. It turned out that, as best I could gather, this was just an ordinary patrol for them.

Granted, these men were entirely friendly and seemed to be wandering the path below the elevated train tracks near the festival, rather than stopping and searching anyone. But, the question is: do you want to be conditioned to accept armed TSA “police” roaming about your neighborhood? Do you approve of the TSA stopping people in bus and train stations and demanding to search their bags? Will you actually be surprised when a nude body scanner shows up at your local subway station?

So, “if you don’t like it,” the solution is clear: don’t leave your house. Or, you know, you could make your disapproval of TSA antics known now, before the TSA can expand in this absurd fashion and say, “Well you let us do it in the airports, so why can’t we do it in train stations?” “…at bus stops?” “…as you’re driving down the street?” “…whenever we want to.” If we don’t demand the Fourth Amendment in airports now, can you really, truly believe that I’m just talking hyperbole about what will happen next?

One more note: I’ve never seen a VIPR team in-person before this, and since I sued the TSA a year and a half ago, I’ve been to at least a dozen major cities in the US. Detroit is a pretty abandoned city these days, and it’s not a place I would expect federal resources to be spent on security. Unless, of course, they are profiling the large Muslim community that lives here.

TSA Nude Body Scanners & Groping to U.S. Supreme Court

Petition Filed at Supreme Court

What a busy week and it’s only Tuesday! On Monday, I attended the TSA’s Aviation Security Advisory Committee’s public meeting at TSA headquarters in Arlington, VA (TSA Administrator John Pistole in attendance, surely loving my attendance), and this morning I presented my assessment of several security flaws (including the one in my March video, How to Get ANYTHING Through TSA Nude Body Scanners) to several members of Congress. More on these in a later post.

After my presentation, I headed to the U.S. Supreme Court and filed my petition for certiorari, asking the highest court in the land to take my case and, eventually, rule that I have the right to a full trial to review my claims of unconstitutional searches by the TSA — a trial which so far has been denied to me and everyone else who has asked. It is troubling that I have to go to the highest court in the land in order to get something that so obviously is guaranteed to us by our Constitution, but I look forward to getting due process back on track.

The filing requirements of the Supreme Court are actually a bit absurd. First, all documents (relevant to my petition, anyway) had to be specially printed on 6.125″ x 9.25″ paper, bound in a booklet. The court specifies the exact font and size to be used, the margins, the exact line spacing, and even the thickness of the paper it must be printed on (and supposedly, they indeed measure!). Any documents attached (such as lower court decisions) must be re-typed by the filer, since every other court prints on 8.5″ x 11″ paper (and “shrinking” is expressly verboten!) Everything must be filed with 40 copies, so a 50 page petition is now 2,000 pages to print. Not exactly environmentally-friendly, nor the most accessible to the people.

Then, when you get to the court, you’re not actually allowed to bring the documents into the clerk’s office. This is apparently for security reasons, because you could hide weapons in between thousands of pages of paper, I gathered. Instead, all documents must be brought to a security guard outside the back of the building, who will — get this — hand you a garbage bag, ask you to insert your documents, and then leave the documents on the curb for security processing. Perhaps it’s time for the court to consider allowing e-filing like every other federal court does. 🙂

Petition for Cert At the Printers, OPEN CALL FOR AMICI CURIAE!

The final version of my petition is at the printers:

Corbett v. US – Petition for Certiorari – Final (.pdf)

If you’ve read the draft, there’s not much changed.

In the Supreme Court, a lot of weight is given to “amicus” briefs. These are briefs written by non-parties to the action to support a position. If anyone has connections to any kind of civil rights organizations that may be interested in writing on my behalf, please put them in contact with me: jon [at] fourtentech.com. If you need a brief “sales pitch:” My petition for cert to the US Supreme Court is on the issue of whether a citizen is entitled to a full trial when challenging the constitutionality of government actions. My case against TSA body scanners and groping was dismissed, and dismissal affirmed, on a law that exempts TSA “orders” from district court review.

Petition gets filed on Tuesday!

Petition for Certiorari Draft Completed — Thoughts?

After much research, writing, and compliance with some pretty crazy Supreme Court rules (for example, most documents have to be submitted on 6.125″ x 9.25″ paper), I’ve completed my petition for certiorari, pending any suggestions from YOU:

Corbett v. US – Petition for Certiorari – Public Draft (.pdf)

If you’d like to provide your feedback, please do so by the end of tomorrow before it goes off to the printers. You don’t need legal experience — the document’s sole purpose is to convince the court that my case is important enough for it to hear, rather than to persuade the court to find in my favor. Filing happens Tuesday. 🙂

Military Invades Miami for “Training Exercise”

From her third-floor balcony, Muir then watched the soldiers fire off flares and smoke bombs before searching floor by floor through the darkened hotel, their paths marked by flashlights and the pop-pop-pop of gunshots. “The show of force was so overwhelming,” she said.

The maneuvers were part of a “realistic urban training” exercise for about 100 military personnel, and organized by the U.S. Special Operations Command, said Maj. Michael Burns, a U.S. Army spokesman. The exercise also included three military helicopters, and the use of simulated explosions and gunfire to mimic real-life military scenarios.

Miami police assisted in overseeing the exercises — but they were instructed to keep quiet about the exercises until late Monday, for security reasons.

Source: http://www.miamiherald.com/2012/05/08/2789687/military-training-in-the-middle.html

Dear Military: Stay the fuck out of my city. You have got to be kidding me: dropping from helicopters in the middle of the night while playing gun and bomb sounds without even the courtesy of notifying the residents of what you’re doing (For “security reasons?” Whose security?). This is the same style of assholery that we are seeing from all aspects of the government right now, and while I try to keep this blog non-partisan (as TSA abuse is not an issue that divides us), the blame for this goes straight up to the White House. This behavior is disrespectful to the American people, and we deserve an apology.

Jonathan Corbett to Present Nude Body Scanner Failures to Congress, File US Supreme Court Petition, on May 22nd

I’m excited to announce that I will be presenting my findings as seen in my How To Get Anything Through TSA Nude Body Scanners viral YouTube video to Congress on May 22nd, 2012, in conjunction with Freedom to Travel USA, a traveler’s rights advocacy group. Additionally, I will be filing my petition to the US Supreme Court on the same day, asking the court to review whether we have the right to a full trial in US District Court when we as private citizens challenge the constitutionality of government action.

Please help us by calling and e-mailing your representatives (please do both — e-mails are easily ignored!) and asking them to send staffers or come in person to our presentation. The event will be held in the Cannon House Office Building, Room 402, at 10:00 AM. FTTUSA has created a formal invite, and members of the general public may also attend, space permitting (RSVP at the e-mail on the invite).

We’re getting somewhere, guys!

–Jon

Broward County Offered Settlement in Exchange for Protecting Travelers; Refuses

Since I was illegally detained by the TSA at FLL, I have repeatedly told Broward County that I have no interest in suing them, but they have repeatedly, and despite good-faith efforts to work with them, shown that they are not interested in assisting passengers facing TSA abuse. In March, I filed suit against them for unlawfully performing a warrant check on me for the TSA, as well as lying to me about the existence of security cameras (not to be confused with my original lawsuit against the body scanners, a suit which seeks no monetary damages and is headed to the US Supreme Court).

Today, after Broward’s motion to dismiss was denied by the Court, I offered to discuss settlement options with the County, indicating that I would accept an agreement from them to protect passengers from TSA abuse (that is, to not assist the TSA in harassing a passenger without evidence that the passenger is committing a crime, and to agree to release security footage promptly when requested) instead of a large monetary settlement or judgment. The County has responded by telling me that they will not even engage in discussions regarding settlement.

As a traveler, this upsets me. But if I were a Broward County taxpayer, I would be furious. My lawsuit seeks $1.5 million in damages against the County, and if the County has an opportunity to avoid a judgment of even a fraction of that amount in exchange for an agreement to protect its citizens from abuse, it absolutely should do so. It is clear that Broward has taken a side, and it’s not the passengers. I urge any Broward residents to contact the county commissioners about this, and I urge all others to avoid flying to FLL airport until this issue is resolved and the County agrees to respect your rights.

Appeals Process: Continue in 11th Circuit or Go To Supremes?

The 11th Circuit today denied my motion to transfer my existing case to it and order district court proceedings. It also denied the governments motion to clarify that it’s not allowed to order district court proceedings.

So here’s where we are: if I file a new petition in the 11th Circuit, the court *may* decide to allow me my right to be heard in district court. But, it may not, and may try to decide my case without giving me the opportunity to present evidence. It also would suck to not appeal their ruling that I can’t be in district court as-of-right. Everyone should have their day in a trial court.

If I file an appeal in the US Supreme Court, that court *may* overturn the 11th Circuit, which also has the effect of allowing me my right to be heard in district court. It *will* take a lot of time before that happens, whereas if I go with option #1 *and* the court rules well for me, it might get rid of scope & grope more quickly.

After much thought, I’ve decided that I shall simultaneously file both a new petition and a US Supreme Court appeal. Our right to have a trial, as well as our right to be free from unlawful searches, both must be litigated as expeditiously as possible. I’ve never been a fan of giving up one right to ensure another, and refuse to accept either/or when my constitution guarantees me both/and.

Filing two appeals greatly increases the cost of the fight. If you are able, your donations would be appreciated — the button is at the top-right of this page — with great thanks to those who have already donated.

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