Federal Appeals Court Orders TSA To Explain Delay In Body Scan Public Hearing 186
New submitter rhsanborn writes "One year ago the District of Columbia Court of Appeals ordered the TSA to hold public comment on the use body scanners in EPIC vs. DHS. The order has been ignored prompting a WhiteHouse.gov petition asking for the Obama Administration's response. One year later, Wired reports, the court has ordered the TSA to explain why it hasn't responded to its original order (PDF). The TSA has until August 30th to respond."
Ordered to explain why it ignored the order (Score:5, Insightful)
Oh, this ought to work wonderfully.
Watch this be ignored as well.
Obama is above the law, and the Appeals court is powerless to do anything to force the TSA's hand. How many divisions of bailiffs can the Appeals Court muster?
The only solution to this is to get rid of the Security Theater senators and congressmen and start cutting budgets and repealing ill conceived panic legislation put in place a decade ago.
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
How many divisions of bailiffs can the Appeals Court muster?
How many would it take to imprison John Pistole?
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
Force is the only language they understand.
Arguments about what is or isn't effective mean nothing. Arguments about what is or isn't right also mean nothing. All that matters is what the real consequences (to the ones making the decisions) will be. Until there are some real consequences, they will continue to abuse their power. Count on it.
So? (Score:5, Insightful)
In case the judge is reading this, let me do your job for you. The order needs to be:
DHS will respond by _________ or I will hold ________ in contempt and order them jailed until you respond.
Without consequences, your order is something to laugh at, frankly. And that's what they're doing. They've been laughing at you for the last year.
All Bark and No Bite (Score:5, Insightful)
What in the world kind of justice is this? "We're going to tell you to do something, and then, if you don't, we're going to tell you tell us why!"
I'm sure the TSA are just quaking in their boots.
Why don't the courts and judges grow some balls, and start issuing warrants for arrests, for contempt of court, if nothing else? At this point, the system is so laughably broken I don't know why anybody even bothers using it in the first place. Vigilante justice is more justice than this farce.
Speaking of whitehouse.gov petition - wtf? (Score:5, Insightful)
I am ordinarily not a fan of e-petitions because they're generally useless; but at least the petition system at whitehouse.gov will require *some* action from the administration. Even if it ultimately serves to highlight how there is no accountability, there is value in that too.
I know from the 'slashdot effect' that we have far more than the required 25k readers necessary to get this petition through, yet instead people would rather complain about how nobody is doing anything.
Folks, it doesn't get any easier to "do something" than this.
Or do you think that the BATF is going to come barging down your front doors because you gave your email address and zip code to register to sign the petition?
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
6. executive order: "we don't need to explain."
it's funny because it's legit.
Only in Washington DC (Score:4, Insightful)
"by the people, for the people" gets so corrupted in DC because of all of the lobbying and grandstanding that goes on. This whole hype of the TSA was unnecessary and now we've created a bigger bureaucracy in Washington. The whole body scan thing was a lobbied effort. [usatoday.com] Since we know nobody in DC actually does their own work and relies on lobbyists and staff to come up with things to do, twist enough arms, throw enough cash around and you can usually get what you want. Also don't forget all of those ex-government directors and leaders who've gone into lobbying for those companies as well. [thehill.com] All under the guises of
“Lobbyists are not the problem. Terrorists are the ones who can do harm to innocent victims."
Really? what an astute observation from somebody who gets paid to lobby in favor of this horseshit.
Blah
Lobbyists and the way Washington DC operates are at the core of our greater ills and as long as we have revolving door policies allowing ex government officials to join lobbying groups and legal practices that attempt to influence our government, it will always be driven by money because we all know fear pays. Especially for Chertoff. [huffingtonpost.com]
Eventually people in this country will come to their senses and realize that this is all theater and doesn't make them safer, it does cost them more and makes their lives inconvenient and more exposed. So much for the land of the free.
Until then I shall continue to work on my mind scanning device that will sense brainwave patterns and automatically recover memories and thoughts so we can weed out terrorists everywhere. Once I've figured out the electronics and made it sufficiently unsafe in terms of radiation exposure, I will then get a lobbying firm and sell it on the hill. It will eliminate the need for body scans entirely however there will be some side effects I fear: Loss of Memory, False prosecutions, Secret Lists and longer lines at the airport, bus terminal, subway and any other public transit location where people congregate.
Re:All Bark and No Bite (Score:5, Insightful)
What in the world kind of justice is this? "We're going to tell you to do something, and then, if you don't, we're going to tell you tell us why!"
The court has to take this step-by-step. The TSA was told to do it, but not given a date. I year has gone by and they still haven't done it. EPIC says that this is too long. The judge has asked the TSA to try to explain why it is taking so long and when they intend to comply. Since he didn't give them a hard deadline, this is only fair.
Re:Ordered to explain why it ignored the order (Score:2, Insightful)
Just WHO were you expecting to arrest these people?
US Marshal Service [wikipedia.org]
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
Re:Ordered to explain why it ignored the order (Score:3, Insightful)
"The Court does not have the power of arrest."
How is it then that people go to jail for contempt of court?
Because law enforcement from the executive branch arrest them.
Do you see Eric Holder sending out anyone to arrest the head of the TSA?
Response from the TSA... (Score:5, Insightful)
Re:Ordered to explain why it ignored the order (Score:4, Insightful)
Bush is not in office, and couldn't control the TSA if he wanted to.
This is CLEARLY Obama's problem, and the TSA is acting EXACTLY as he has directed them to.
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
Agree. Fuck Bush for the creation of the TSA.
The creation of the TSA and pushing for the Patriot Act are the 2 worst things he ever did.
Also though. Fuck Obama for his protection of the TSA and the fact that he allows the patriot act to continue on.
Bush created these travesties, but make no mistake. Obama uses them for his benefit.
If you think Obama should be shielded from a fuck him as well because he did not start it you are a fool.
Re:Ordered to explain why it ignored the order (Score:4, Insightful)
I blame politicians. All of them. And the panicked masses who didn't speak up when our liberties were being usurped.
As you said, there's plenty of blame for them to share, but it goes well beyond them as well.
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
Sure they were, but unless you're telling me that the Obama administration has no power to order it's own departments to turn over court-ordered documents, then they are stonewalling. If they aren't stonewalling, they're impotent.
Re:Ordered to explain why it ignored the order (Score:3, Insightful)
Obama has had 3.5 years.
Its long since time to stop blaming Bush.
With that line of reasoning its easy to see why you post as AC.
Re:Would love to see... (Score:4, Insightful)
Sworn officers of the Marshal's service will execute orders from the federal judiciary, unless their bosses order them not to. If the administration ordered them not to, then the Administration is interfering. If that happens, then the judiciary holds a press conference and explains what has just happened. This is an election year, I am sure that Mitt Romney will be happy to explain how he would never use his power to invalidate a decision of judiciary and prevent the Marshal's Service from going about their normal duties.
There are checks and balances, but it doesn't mean the Executive can always take their ball and go home. Federal officers swear to uphold the Constitution, not serve Barack Obama or Eric Holder in an extralegal fashion.
Re:Ordered to explain why it ignored the order (Score:3, Insightful)
It's been over 60 years. It's long since time to stop blaming Hitler.
Oh, wait. No it isn't. Guilty is fucking guilty no matter how much time has passed.
Re:Ordered to explain why it ignored the order (Score:5, Insightful)
By a democratic congress?
In an election year?
Are you Daft?
Re:Speaking of whitehouse.gov petition - wtf? (Score:4, Insightful)
Yes. And this is the last time I'll mention this, because people seem to be able to make only one point in this discussion: A dismissive response like that is ammunition.
This is aside from the fact that the first petition was not as well thought out as this one - that was a general 'stop the TSA' complaint while this pertains to a specific, court-ordered action that has been ignored.