Category Archives: War on Terror

TSA updates from people who opposed the TSA before opposing the TSA was cool

As Stephen Littau noted, November 24th (Wednesday) is the busiest travel date in the country and it’s also National Opt Out Day.  To assist Opt Out Day participants, and all air travelers after Wednesday, the Opt Out Alliance is providing free “Know Your Rights” travelers cards. I spoke with one of the key people at the Opt Out Alliance and he stated that because there isn’t enough time for people to receive a real card via snail mail before Wednesday, people who sign up will get an immediate .pdf copy of the card by e-mail and their wallet card will arrive later in the mail.

Here are some additional recent Transportation Security Agency highlights:

Penn Jillette gets funny:

[The TSA PR person] said, “Well, the airport is very important to all of our incomes and we don’t want bad press. It’ll hurt everyone, but you have to do what you think is right. But, if you give me your itinerary every time you fly, I’ll be at the airport with you and we can make sure it’s very pleasant for you.”

I have no idea what this means, does it mean that they have a special area where all the friskers are topless showgirls, “We have nothing to hide, do you?” I have no idea. She pushes me for the next time I’m flying. I tell her I’m flying to Chicago around 2 on Sunday, if she wants to get that security guy there to sneer at me. She says, she’ll be there, and it’ll be very easy for me. I have no idea what this means.

Ron Paul gets serious. Here’s the bill he’s introduced:

No law of the United States shall be construed to confer any immunity for a Federal employee or agency or any individual or entity that receives Federal funds, who subjects an individual to any physical contact (including contact with any clothing the individual is wearing), x-rays, or millimeter waves, or aids in the creation of or views a representation of any part of a individual’s body covered by clothing as a condition for such individual to be in an airport or to fly in an aircraft. The preceding sentence shall apply even if the individual or the individual’s parent, guardian, or any other individual gives consent.

Over at Forbes, Art Carden gets pragmatic:

Bipartisan support should be immediate.  For fiscal conservatives, it’s hard to come up with a more wasteful agency than the TSA.  For privacy advocates, eliminating an organization that requires you to choose between a nude body scan or genital groping in order to board a plane should be a no-brainer.

Bob Barr was prophetic, then adds that folks should opt out:

Well, surprise, surprise — the government is not telling us the truth.  In fact, the specifications for the manufacture of the machines mandates that they have the ability to store images on hard disk storage, and that they possess the ability to send the images.   Of course, the transmission of such data creates the obvious possibility that hackers could access the data and print out or view the images.  The images themselves portray people without clothes on, and include relatively clear depiction of genitalia.

Jason Pye described the concept of “security theater”:

I don’t know if you’ve heard the term “security theater,” but that’s what we have in our country. Rather than actually doing their jobs and following up on leads like the one given by this terrorist’s father, security officials are more interested in creating an illusion that we are safe by temporarily curtailing privacy rights or keeping you from bringing a razor in your carry-on.

Doug Mataconis targets President Obama:

More importantly, though, Obama’s response strikes me as being politically tone deaf. In the face of outrage over Americans being groped by TSA agents, children being man-handled in a bizarre procedure that makes no logical sense, and people being exposed to the humiliation of having prosthetic breasts removed or being covered in their own urine, Obama’s “Too bad, you’ve gotta do it anyway” response is a sign of how far removed from reality the Presidency makes a person. If the President or members of his family had to subject themselves to TSA screening on a regular basis, one would think his opinion on the matter w0uld be quite different.

Over at Reason, Hawk Jensen and Nick Gillespie channel Chuck Berry with the ultimate TSA theme song:

My Ding-A-Ling My Ding-A-Ling I want you to play with My Ding-A-Ling
My Ding-A-Ling My Ding-A-Ling I want you to play with My Ding-A-Ling

Back to the serious side of things, Gary Johnson asks “Why Do We Have a TSA?” His solution:

Instead of trying to fix or adjust or moderate TSA airport screening procedures to make them less abusive or slightly more tolerable, I say it is time to turn airport screening and security over to those who should be doing it in the first place: the airlines.

To be sure, there are plenty of additional TSA links and stories out there. Republicans galore are coming out of the woodwork regarding this issue right now. It’s worth noting that the original TSA authorization passed the Senate by a vote of 100 -0. Only nine House Republicans (and zero Democrats) opposed the final conference report on the bill.

Therefore, I thought I’d limit the links to people within the freedom movement who actually opposed the TSA long before opposing the TSA was cool.

Airport Activism Anyone?

With the Thanksgiving holiday coming up (and busiest travel day of the year), a group of concerned citizens is calling November 24th “National Opt-Out Day.”

Wednesday, November 24, 2010 is NATIONAL OPT-OUT DAY!

It’s the day ordinary citizens stand up for their rights, stand up for liberty, and protest the federal government’s desire to virtually strip us naked or submit to an “enhanced pat down” that touches people’s breasts and genitals in an aggressive manner. You should never have to explain to your children, “Remember that no stranger can touch or see your private area, unless it’s a government employee, then it’s OK.”

The goal of National Opt Out Day is to send a message to our lawmakers that we demand change. We have a right to privacy and buying a plane ticket should not mean that we’re guilty until proven innocent. This day is needed because many people do not understand what they consent to when choosing to fly.

For more details, go here.

Since I won’t be flying, I won’t personally be participating in National Opt-out Day but I strongly encourage all who are to participate. I’m also interested in what experiences are when/if you are given the “porno or grope” option. I’ll have an open thread ready for you to tell us what you witness or experience.

In closing, here is a short segment from Judge Andrew Napolitano’s “Freedom Watch” called “Right to Know” concerning your 4th Amendment rights.

Quote of the Day: 4th Amendment Be Damned Edition

“Nobody likes the 4th amendment being violated when going through the security line, but the truth of the matter is we are going to have to do it.”-Former. Asst. TSA administrator Mo McGowan

So when the friendly TSA agents pull you out of the line for a groping or full body nudie scan as you try to make your way through the airport to fly to grandma’s house this Thanksgiving holiday don’t bother pulling out your pocket Constitution to inform them they are violating your 4th Amendment rights. They know they are and they don’t give a shit.

Hat Tip: Say Anything via Boortz

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along with challengers Rodney Glassman (D), Jerry Joslyn (G), and David Nolan (L). Believe it or not, all candidates were given equal time to debate the issues; something that is usually missing from the debates I’m accustomed to watching.

Despite the skills of those challenging Sen. McCain – particularly the two 3rd party candidates, the latest Real Clear Politics Average Poll shows McCain with a comfortable 17.4 point lead over his closest challenger, Rodney Glassman. Critics of 3rd parties look at poll results like this and wonder “what’s the point” of allowing 3rd party candidates to participate when their chances of winning are so miniscule.

IMHO, I believe that both Nolan and Joslyn did a fine job demonstrating why 3rd party candidates should be included by raising issues, proposing solutions, and exposing the shortcomings of the two party system and the candidates themselves to voters and concerned citizens.

In the 3rd part of this debate (below), Nolan brought up a McCain sponsored bill that is most likely not on the radar of very many people: S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

(Beginning at -6:14 in part 3 of the debate)

Nolan: “One of the reasons I got into this race is that right now, at this very moment Sen. McCain is a sponsor – I think the lead sponsor of Senate Bill 3081 […] a bill which would authorize the arrest and indefinite detention of American citizens without trial and without recourse. This is one of the most dangerous, evil, un-American bills that’s ever been proposed in congress and nobody who would sponsor such a bill should be sitting in a seat in the United States Senate.”

And what was Sen. McCain’s response to the charge by Nolan of sponsoring such a “dangerous, evil, un-American” bill?

McCain: “Well again, I hope that our viewers won’t judge me by the remarks just made [by Nolan], they may be a little bit biased.”

Nolan raised the issue again in his closing remarks. Sen. McCain did not respond.

Okay, fair enough. Perhaps Mr. Nolan is biased. He is trying to take his job after all. Fortunately for now at least, the average person with an internet connection can freely search and find the bill and learn of its contents. Let’s take a look and see how “biased” Mr. Nolan was and determine whether or not Arizona’s senior senator should be “judged” by the bill he is currently sponsoring.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.

(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

“Suspected unprivileged enemy belligerent” ? No, that doesn’t sound Orwellian at all. Now let me highlight Sec. 3b3 and let you, the reader decide if any of this strikes you as “dangerous,” “evil,” or even “un-American.”

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS– A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.

Talk about double speak! Such individuals are not “criminal suspects” who in our criminal justice system normally considers “innocent until proven guilty” who have Constitutionally protected rights but “suspected enemy belligerents” who are apparently assumed guilty until a high ranking official in the executive branch, or the president himself determines otherwise.

Sorry, I’m getting a little ahead of myself. I haven’t even got to the most disturbing part of the bill yet – Section 5:

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

So here we are in 2010, Sen. McCain et al advocating giving American citizens POW status under Article 5 of the Geneva Convention as they may be “enemy belligerents” in an ill-defined and open-ended “war on terror.” The provisions of the USA PATRIOT Act which were originally supposed to be temporary but now as a practical matter, a permanent fixture of federal law, apparently don’t go far enough to dismantle what is left of the Bill of Rights.

One thing I found interesting in this debate was not only Sen. McCain’s response (or lack thereof) but also the deafening silence of his Democrat challenger who could have easily picked this issue up and ran with it if he shares Nolan’s civil liberties concerns. Could it be that Mr. Glassman would also support this bill if he were elected to replace Sen. McCain? If so, I wouldn’t be at all surprised considering that President Obama who is a member of the same political party as Glassman actually believes he can assassinate Americans without due process of any kind. Both the Obama and Bush administrations have even gone as far to say that if or when the president makes a “state’s secrets” claim, no court can even consider the legality of such cases. There’s little doubt in my mind that President Obama would sign S. 3081 into law as this would only enhance his power.

Maybe for now on we should stop referring to the first ten amendments as “The Bill of Rights” and call them “The Bill of Privileges.” This would at least be honest because rights cannot be taken away and therefore can never be “inapplicable.”

Police Kill Seventeen Year Old: How Much Is Enough?

Reason’s Radley Balko reveals another disturbing story of America’s increasing police force gone awry:

Last Sunday night, police in Morganton, North Carolina shot and killed 17-year-old Michael Sipes. The officers were responding to a noise complaint called in by a neighbor in the mobile home park where Sipes lived. His mother says there were three children in the home on the night Sipes was killed, and were likely he source of the complaint.

According to Sipes’ mother and others in the house, the police repeatedly knocked on the door to the home, but never identified themselves. They say both Sipes and his mother asked more than once who was outside. A neighbor who heard the gunshots also says he never heard the police identify themselves. Police officials say the officers did identify themselves.

According to those in the trailer at the time, as the knocks continued, Sipes retrieved a rifle, opened the door, and stepped outside. That’s when Morganton Public Safety Officer Johnny David Cooper II shot Sipes in the stomach “four or five times.”

More here and here. Profile of Sipes here. The story is still fresh, but at first blush he certainly doesn’t seem like the kind of kid who would knowingly confront police officers with his rifle.

Of course, beyond this story we saw the Oakland murder of Oscar Grant, the shooting death by police of 92-year-old Kathryn Johnson in Atlanta and the terrorizing of a Missouri family and the killing of their dog during a drug raid (a crime which was replicated several times). This is really unacceptable.

Why is this not becoming an electoral issue? Police have various means at their disposal to nullify suspects and yet story after story of unnecessary lethal force seems to pop up. Republican, Democrat or any party, the candidate who runs on restoring the Fourth Amendment and focussing on law enforcement that prioritizes enforcing laws over terrorizing citizens will get my vote.

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