One of America’s strengths stems from her flexibility and versatility in a political, foreign relations, and geopolitical context. In a domestic context this international flexibility is hard won as it generally stems from fierce national political and legal debate. The following is quoted directly from the website MyFoxDetroit.com:

ROMULUS, Mich. (WJBK) – The Mandy family says they were on their way to the happiest place on earth (Disney), but had to go through hell to get there. “I realize they’re trying to keep people safe, but come on, does he look like a terrorist?” said Dr. David Mandy. The family was going through security when two TSA agents singled Drew Mandy out for a special pat down. Drew is severely mentally disabled. He’s 29, but his parents said he has the mental capacity of a two-year-old, which made the experience that followed at metro Detroit’s McNamera Terminal that much harder to deal with. “You have got to be kidding me. I honestly felt that those two agents did not know what they were doing,” Mandy told us. Dr. Mandy claimed they asked Drew to place his feet on the yellow shoe line, something he didn’t understand. They proceeded to pat his pants down, questioning the padding which was his adult diapers. When the agents asked Drew to take his hand and rub the front and back of his pants so they could swab it for explosives, his dad stepped in and tried to explain that Drew was mentally challenged. “They said, ‘Please, sir, we know what we’re doing,’” Mandy said. The TSA agents saw Drew holding a six-inch plastic hammer. “My son carries his ball and his hammer for security. He goes everywhere with (them),” said Mandy. The TSA it seems saw the toy as a weapon. “He took the hammer and he tapped the wall. ‘See, it’s hard. It could be used as a weapon,’” Mandy explained. “So, Drew’s also holding the ball, and I said, ‘Well, how about the ball?’ He (said), ‘Oh, he can keep that.” Dr. Mandy was told he would need to have the toy shipped if he wanted to keep it, a process which caused them to almost miss their plane, so he pitched it. “It just killed me to have to throw it away because he’s been carrying this like for 20 years,” Mandy said…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above to read more and also view the video of the interview with this man’s father.

The so-called “Transportation Security Administration” (TSA) is, quite simply: a travesty. This story is absolutely heartbreaking.

Continuing, there is a poignant film from Hallmark Hall of Fame entitled: The Boys Next Door. This film is mentioned because the narrative of the film chronicles the lives of a group of mentally challenged men who are simply trying to live their lives like any other Americans inherently endowed with the privileges and/or immunities of American Citizenship. Their fictional trials, tribulations, and treatment at the hands of greater society provides illumination about what freedom means for people of all backgrounds in the United States and across the globe. There is a very salient moment to be taken from this film in the context of these current events. Perhaps it may be best to quote directly from a critical article written by Hal Boedeker, Sentinel Television Critic, on February 4th 1996 and posted on the website of the Orlando Sentinel, OrlandoSentinel.com:

The movie also spells out its good intentions. Jack imagines feeble-minded Lucien telling a state senate panel: ”Civilizations are judged by the way they treat their most helpless of citizens. And if you turn away from me, you extinguish your own light, deny your own warmth.”

The administration of this weblog encourages readers to click upon the relevant hyperlinks noted above to read this article in full and gain further insight. Furthermore, viewing this film may be insightful as well, under the circumstances. For a relevant video clip please click HERE.

The reader needs to recognize that Mr. Mandy, like all Americans, is endowed by his creator with certain inalienable rights and one of those inalienable rights is the right to be free from unreasonable searches and seizures pursuant to the 4th Amendment of the United States Constitution. How is it reasonable, America, to believe that a man in Mr. Mandy’s position should have his 4th Amendment rights stripped without just cause? Was there probable cause to have these rights stripped? Were there exigent circumstances? What security interest was upheld by trampling upon this man’s liberty? More importantly, how can Mr. Mandy’s public servants have the audacity to treat him with such disrespect when, in reality, it is their job to serve and protect HIM!!!! For if not him, then whom? Furthermore, is not Mr. Mandy accorded an unfettered right to travel pursuant to both his State and United States Citizenship? Finally, would it be unreasonable to posit that Mr. Mandy may be entitled to some just compensation for having a treasured item, which apparently had been literally held for twenty years, taken and thrown out pursuant to a questionably lawful search?

This story was acutely difficult to read because the victim of this injustice is the same age as this blogger. There is an old saying: “There but for the grace of God, go I.” Simply put: were factual circumstances different, this could just as easily have been this blogger or any reader in this audience. That stated, I would hope that if I were mentally disabled my civil servants would comport themselves in such a way that facilitated my travel and aided me in my distress (as one can only infer that this incident caused this man considerable distress and consternation since having one’s “pant’s patted down” AKA: being groped, is upsetting for anyone, especially Americans who are used to their government, usually in the form of bonded peace officers; respecting their privacy and right to be free from unwanted searches, seizures, and molestation by American governmental agents).

Whatever excuses or apologies that TSA wishes to extend regarding this incident are irrelevant for they have committed an irrevocable violation of this man’s Constitutional and Human rights, but this issue goes deeper as these are the servants of We The People and therefore it is upon us as Americans to recognize this problem in order to make attempts at redressing it via either election, legislation, or even; perhaps, a possible legal decision.

At the level of the sovereign American States, it would appear as though further efforts are being undertaken to curtail the questionably legal activities of the TSA.To quote directly from the official website of the Examiner, Examiner.com:

The federal Transportation and Security Administration may have thought it had the last word in its battle with the state of Texas over a controversial bill that would make airport pat-downs a criminal offense. The fight, however, is anything but over as the state Senate prepares take up the bill for the second time. The bill, HB 1937, would make it a misdemeanor for TSA personnel to touch “the anus, sexual organ, buttocks, or breast of another person including through the clothing.” The penalties for violating the law would be a $4,000 fine and up to a year in jail…

Readers are asked to click upon the hyperlinks above to find out further details. Frequent readers of this blog may recall that Texas was recently the scene of some tension regarding these issues as the Texas Senate became the recipient of what would appear to have been significant federal pressure operating against similar legislation which was previously submitted. It also appears as if the sovereign State of Texas is not the only State which may be looking at such legislation, to quote directly from the website of STGNews, Stgnews.com:

SALT LAKE CITY – Representative Carl Wimmer (R-Herriman) opened a bill file today that, according to his website post,  “will prohibit TSA pat downs in Utah without reasonable suspicion. Texas needs us to stand with them.” Taking a hint from what Texas has sought to enroll in her laws, this suggests that Transportation Security Administration agents, on site at Utah airports, may become subject to the same criteria that other law enforcement officials must meet before performing a search upon a person…

The administration of this web log highly recommends that readers click upon the above cited hyperlinks to read this story in detail.

As it appears that the sovereign State of Utah is now joining the chorus of those calling for legislation regarding the curtailment of TSA abuses. It remains to be seen whether any such legislation will actually see passage. It seems likely that this is not the last we have heard on this issue.

– Benjamin Walter Hart

A passenger screener at Philadelphia International Airport is facing charges that he distributed more than 100 images of child pornography via Facebook, records show.

Federal agents also allege that Transportation Safety Administration Officer Thomas Gordon Jr. of Philadelphia, who routinely searched airline passengers, uploaded explicit pictures of young girls to an Internet site on which he also posted a photograph of himself in his TSA uniform.

The administration of this web log highly encourages readers to click upon the hyperlinks above to read further from this story in order to gain perspective.

This arrest comes amidst calls from State and Federal legislators to reign in the activities of Transportation Security Administration personnel as such activities are coming to be increasingly viewed by many as arbitrary, capricious, and quite possibly in violation of Constitutional protections designed to protect the inalienable rights of United States Citizens. To quote directly from myfoxdfw.com: 

DALLAS – Full body pat-downs at airports are under heavy scrutiny in Austin. Representative David Simpson of Longview is sponsoring a bill that would make it illegal for Transpiration Security Administration agents to enforce full body searches without justification. The agent conducting the enhanced pat-down could face a felony charge and jail time. “We’ve got a draw a line somewhere,” Simpson said. “We’ve got young children, autistic children, seperated from their mother saying, ‘Stranger danger! Stranger danger!’ Man, oh boy. We’re teaching our children it’s indecent. It’s wrong to let these people in these areas except for a doctor.”

The administration of this blog asks readers to click upon the links above to view this story in further detail.

Texas is not the only sovereign American State to question the methodology of the Transportation Security Administration as this blog previously reported that some New Hampshire State legislators are attempting to take measures to curtail the TSA’s activities. An update on that story can be found by quoting directly from the website WHDH.com:

MANCHESTER, N.H. — A new proposal in New Hampshire would make some controversial TSA security exams a crime. The bill, which is clearly aimed at the Transportation Security Administration, would make an invasive pat down at the airport felony sexual assault unless the screener has probable cause to do the search. “We’re telling the TSA, if they violate our laws and they sexually assault our citizens, we’re going to do something about it,” said Rep. George Lambert, legislation co-sponsor.

In the recent past it appeared as though only State legislators were scrutinizing this issue intensely, but it recently came to this blogger’s attention that State legislators have been joined by a Federal legislator in calling for a rollback of what are perceived to be invasive and questionably Constitutional tactics currently employed by the Transportation Security Administration (TSA). To quote directly from Townhall.com:

In the latest battle of David vs. Goliath, Rep. Jason Chaffetz is taking on the TSA again, this time against the backdrop of a revolting video showing a TSA pat-down of a 6-year-old girl. Chaffetz has introduced a bill that would call for parental consent before minors are subjected to pat-downs at airport security. A parent would also be allowed to be present for the pat-downs. According to Utah’s Daily Herald, Chaffetz’s 15 year old daughter was forced to undergo a private pat-down without parents present. The bill, just introduced, does not specify what would happen if a parent refuses consent for a pat-down of a minor. Chaffetz has challenged the TSA several times on invasive and unproven security procedures like the full body scan machines and the detailed pat-downs, but TSA continues to be inconsistent in their policy implementations. Back in November, the agency said that there would be modified pat-downs for children under 12, since there was no intelligence — even internationally — that children that age were being used in terrorist attacks. However, the video circulating the internet shows no body areas of the 6-year-old girl were off limits in the frisking.

Those reading this blog are encouraged to click on the hyperlinks above to view this story in detail.

Readers interested in seeing the video of the groping of the 6 year old child alluded to above are encouraged to click HERE.

In light of all of the events and issues noted above this blogger would ask the reader to take the time to read the following:

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.

How are “random” searches reasonable? Under the specific facts seen in the video above, how is it reasonable to assume that it is okay to grope a six year old child without probable cause? Where is the rule of law? Meanwhile, are any of these searches occurring pursuant to a warrant based upon probable cause and supported by an oath or affirmation? If not, then under what authority are these searches occurring?

In response to the incident involving the child the TSA web log noted:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

This blogger cares very little for the justifications being posed by the TSA on this point as they are simply naked assertions which are not based upon anything other than the TSA’s unilateral opinion. Under the United States legal system the “current standard operating procedures” are always to be in compliance with the 4th Amendment, especially if a search concerns an American Citizen. If they are not in compliance with the 4th Amendment and the US Constitution, then such procedures are, in this blogger’s opinion: unlawful. Hopefully TSA will rectify their behavior as it seems likely that further tensions could arise as State and Federal legislatures along with local authorities take it upon themselves to protect the civil liberties of their Citizenry and constituents. It is hoped that these issues will be resolved to the benefit of all concerned, but clearly issues surrounding American Citizens’ right to freedom from unreasonable search and seizure must be dealt with in order to uphold the American Peoples’ Constitutional protections.

For related information please see: Necessary and Proper Clause.

If you can’t let a day go by without accessing your personal data and files, you’d better think twice about crossing the border back into the U.S. with your computer.  That’s because digital devices such as a laptop computer can be seized at the border without a warrant and sent to a secondary site for forensic inspection.

That ruling from the U.S. Court of Appeals for the Ninth Circuit last week is the second in less than a year that allows the U.S. government to conduct offsite searches of digital devices seized at the border without a warrant, Network World reported.

This could have big implications for business travelers, in particular, who are increasingly mobile and frequently carry laptops and other digital devices containing sensitive personal and company information across our borders. If your data reveals traces of criminality or illegal kinkiness when examined, your troubles will go way beyond temporary data denial.

This blogger has yet to take a great deal of exception with regard to American policy regarding the 4th Amendment at Ports of Entry in the United States of America as most occurrences that this blogger deals with in connection to such matters involve those who are not American Citizens, or for that matter sometimes not even lawful permanent residents or non-immigrants. Therefore, due to the wide latitude granted to Congress under their plenary authority regarding matters touching upon non-US Citizens and immigration policy it is difficult for this blogger to make cogent hypothetical arguments for people who have few, if any, rights under the American legal system. That said, when it comes to the search and seizure of American Citizens it is clear that Constitutional protections of Americans’ liberties must be taken into zealous consideration. The aforementioned article continued on Yahoo.com:

Writing for the majority, Judge Richard Tallman said, “The border search doctrine is not so rigid as to require the United States to equip every entry point — no matter how desolate or infrequently traveled — with inspectors and sophisticated forensics equipment.”

The administration of this blog highly encourages all readers to click upon the above cited hyperlinks to read more from this thought provoking story.

This blogger does not particularly take exception with the notion of the so-called “border search doctrine” per se, but this blogger has always felt as though little consideration has been accorded to the notion of the rights, privileges, and immunities of both United States Citizenship as well as underlying State Citizenship (if applicable to the individual being legally analyzed as some individuals come by their United States Citizenship either through operation of law or naturalization).

With all due respect to this Court as their decision had to be made pursuant to the unique set of law and facts available under the circumstances, this blogger’s “hackles get raised” anytime the issues associated with the fundamental rights, privileges, and immunities of United States Citizenship are at issue. Therefore, in order to shed more light upon this subject to the readership of this blog this blogger felt it might be enlightening to note some language from the introduction of the dissent in this case as quoted directly from Judge Betty B. Flecther:

I respectfully dissent. The “sticking point” of this case is not whether the Government’s authority “to subject incoming travelers to inspection for entry also permits the Government to transport property not yet cleared for entry away from the border to complete its search.” Maj. Op. at 4219-20. The real issue, as this case is framed by the government and the majority, is whether the Government has authority to seize an individual’s property in order to conduct an exhaustive search that takes days, weeks, or even months, with no reason to suspect that the property contains contraband.^[1] In other words, the problem with this case is not that the Government searched Cotterman’s computer in Tucson as opposed to Lukeville. The problem is that the Government seized Cotterman’s laptop so it could conduct a computer forensic search, a time consuming and tremendously invasive process, without any particularized suspicion whatsoever. [emphasis added]

Those reading this blog are highly encouraged to click upon the links above to read the entire opinion as posted on Google Scholar.

Clearly, the ruling in this case could have a dramatic impact upon those individuals traveling in or through the United States of America. That said, it remains to be seen whether or not this case sees appeal to the United States Supreme Court and should such an appeal be heard: the opinion thereof.

For related information please see: Arrest Warrant.

Now that the major provisions of the Act are about to expire, the US Senate’s Judiciary Committee is in a real hurry to rubberstamp the extension of the Act rather than discuss and debate the far-reaching measures.

As the US Senator Dianne Feinstein of California put it “They expire in three weeks and I think there’s no time really to go into the changes.”

Let’s take a look at the above quotation for a moment. The Senator would appear to be saying that the bill should be passed “as is” without significant discussion due to the fact that there is “no time” for any discussion. Doesn’t this conflict with the fact that within the same quotation the Senator notes that there are three weeks left before the Patriot Act expires? How then is there “no time” to discuss the bill, when there are in fact approximately 3 weeks left to discuss the bill? This blog posting was not written to discuss the details of the Patriot Act, but instead to discuss the issue of what appears to be legislative shirking. In recent history there have been several examples of a disturbing trend within the Federal Legislature. Namely, the notion that bills coming before said legislature which have incredible ramifications for the American people and the Institutions that make up the American way of life should be “passed first and discussed later”. RT.com delves into this issue further:

There was ‘no time’ either for real debate back in 2001, when the Patriot Act was adopted weeks after the 9/11 attacks.

According to Congressman Dennis J. Kucinich of Ohio, the lawmakers had not even read what they were passing.

“What happened once the Patriot Act was passed, the Fourth Amendment right – to be protected from unreasonable searching was just thrown out.”

To provide clarity to the reader, Congressman Kucinich is referring to the Constitutional Rights guaranteed under the 4th amendment to the United States Constitution which, to quote from Wikipedia, states:

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.

RT.com continues:

The Congressman was one of the very few who openly opposed the Act.

“We have a challenge to the essence of democracy with the very existence of the Patriot Act,” Denis Kucinich warns. “And of course its name – the Patriot Act – who would want to oppose the Patriot Act, because it makes it sound as though you’re a patriot if you are for it. But actually the idea of tying patriotism to the destruction of cherished constitutional privileges needs in itself to be challenged.”

This blogger does not point this out in an effort to criticize Mr. Kucinich, but strictly speaking pursuant to the plain language of the 4th Amendment to the United States Constitution, as quoted above, the freedom from unreasonable searches and seizures is a RIGHT, not a privilege. Those reading this posting who would accuse this blogger of being overly interested in semantics should note that there is a substantial distinction between rights and privileges in jurisprudence. As usual, Wikipedia turns out to have the most concise synopsis of the differences between rights and privileges in layman’s terms. To quote directly from Wikipedia’s entry on the issue of rights vs. privileges:

A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth. By contrast, a right is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth.

The above digression is not intended to be a jab against Mr. Kucinich as his use of the term privilege was likely unintentional. Instead, this digression was an attempt to elucidate the importance of the distinction between rights and privileges.

To get back to the issue of the Federal Legislature’s apparent reluctance to discuss the Patriot Act extension on the basis of “time constrains” the question must be posed: what is the United States Senate’s job if it is not to discuss pending legislation? According to the website senate.gov, United States Senators are paid 174,000 USD per annum. To quote another page from senate.gov:

Members of Congress are eligible for a pension at age 62 if they have completed at least five years of service. They are eligible for a pension at age 50 if they have completed 20 years of service, or at any age after completing 25 years of service. The amount of the pension depends on years of service and the average of the highest three years of salary. By law, the starting amount of a member’s retirement annuity may not exceed 80 percent of his or her final salary.

The compensation of United States Senators is not really the crux of this posting, but the above cited figures are noted in an effort to show that US Senators are not uncompensated for their service to the United States of America. This begs the question: what are they compensated for? The short answer: to legislate, which includes discussing pending legislation or proposed extensions to previously enacted legislation! In many ways, the United States Senate was specifically designed to be a deliberative body which would slowly and intelligently scrutinize proposed legislation, or to quote US Senator John Kyl on senate.gov:

George Washington likened the House to hot tea, and the Senate was the “saucer” that cooled it.

Clearly, the Senate’s raison d’etre is to do exactly the opposite of what Senator Feinstein has suggested. Instead of acting as a “rubber stamp” the Senate is to be the great “scrutinizer” of proposed legislation. It should be noted that this is not the first instance in recent American history that expedience has been cited as a valid reason for railroading through legislation with little or no scrutiny. To cite just one example: the bailout legislation. To quote Representative Brad Sherman from California when discussing said legislation on the House floor:

The only way they can pass this bill is by creating and sustaining a panic atmosphere. That atmosphere is not justified. Many of us were told in private conversations that if we voted against this bill on Monday, that the sky would fall, the Market would drop two or three thousand points the first day-another couple thousand the second day-and a few members were even told that there would be martial law in America if we voted no. That’s what I call fearmongering. Unjustified. Proven wrong. We’ve got a week, we’ve got two weeks to write a good bill. The only way to pass a bad bill: keep the panic pressure on.

Clearly, Representative Sherman was not a supporter of the “legislate first, ask questions later” philosophy. That said, the financial legislation that resulted in the banking bailouts would appear to have been, at least partially, the result of high pressure tactics utilized by those hoping to see that legislation’s passage. What was the result of passing such important legislation without careful analysis? Significant amounts of money allocated as a result of the bailouts has not been accounted for and many Americans have noted their disapproval of the way in which public funds were allocated. Meanwhile, the economy continues to be turbulent. Prior to the passage of the bailout bill, expediency was one of the major themes trumpeted by those in support of the legislation’s passage. In the aftermath of the bill’s passage there are many who wonder if it might not have been better to have taken a more deliberate approach toward that legislation.

Federal legislators’ seeming lack of enthusiasm about discussing the extension of the Patriot Act comes on the heels of recent announcements that Federal agencies such as the Federal Bureau of Investigation appear to have violated the civil rights of a substantial number of Americans during the last decade. To quote directly from the Electronic Frontier Foundation’s official website eff.org:

EFF has uncovered widespread violations stemming from FBI intelligence investigations from 2001 – 2008. In a report released today, EFF documents alarming trends in the Bureau’s intelligence investigation practices, suggesting that FBI intelligence investigations have compromised the civil liberties of American citizens far more frequently, and to a greater extent, than was previously assumed.

The Patriot Act was signed into law on October 26, 2001. There are some who may infer that the passage of the Patriot Act is linked to the apparent violations which have been discovered by EFF.org. Those interested in the the full story on the apparent violations allegedly perpetrated by the FBI are encouraged to check out the full story on EFF.org.

Readers should note that this blogger believes that there is room for debate on any issue which is being proposed for passage by the US Congress and that all Americans are entitled to their opinion regarding the Patriot Act, or any other law for that matter. However, failure to properly vet legislation prior to passage by the US House and Senate should be alarming to anyone no matter what the subject matter of the proposed legislation may be. The following is quoted from a recent article posted on the Voices section of the official website of the Washington Post, WashingtonPost.com:

The Sensenbrenner bill [The House's version of the proposed Patriot Act Extension Bill] is expected to easily pass the Republican-led House next week. The measure would then go on to the Senate, which will be in recess the latter part of next week. The Senate would next be able to take up the bill when it comes back during the week of Feb. 14.

Both chambers are in recess during the week of Feb. 21 for the President’s Day holiday, and by the day they come back — Feb. 28 — the provisions will have already expired.

That means that if the Senate doesn’t act on the House-passed legislation during the week of Feb. 14, the provisions would either expire or both chambers might be forced to call a pro-forma session during their President’s Day recess.

Again, the implication of this quote would seem to suggest that there is not a great deal of time to pass this legislation. In reality, at the time of this writing there are 22 days left before the expiration of the Patriot Act. If the House or Senate is required to come out of recess or forgo a vacation in order to facilitate debate or discussion on a bill that has a dramatic impact upon the rights of US Citizens wouldn’t that be a good thing? After all, isn’t that what legislators are paid to do? Again, the substance of the Patriot Act is not the main point of this article. Instead, this post is written in an attempt to point out the apparently recent habit of the US legislature to enact important legislation with little or no discussion or debate in the name of expedience.

It should be noted that President Barack Obama in conjunction with the previous Congress authorized a previous extension to the Patriot Act in February of 2010. To quote directly from the website ThatsMyCongress.com:

Yesterday, to top it off, the Democratic-controlled U.S. Senate passed a reauthorization of Patriot Act provisions without any reform to them. This passage was made via voice vote, a move for secrecy so that no one could track the vote of a specific senator on the issue. The vote to make American citizens’ private lives transparent to the U.S. Government was made in a way to make American senators’ votes opaque to U.S. citizens.

The 2008 promise by Democrats to reform warrantless wiretapping, intrusive surveillance, restore constitutional protections, reject national security letters and reform the Patriot Act has not simply been forgotten. The promise has been broken.

Again, to reiterate, any piece of legislation that would allow the government to gain access to “any tangible thing” during an investigation is, by virtually anyone’s estimation, an important piece of legislation. Therefore, in extending such legislation shouldn’t there at least be discussion? One would think.

For related information please see: Patriot Act Extension.