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‘Secret order’ cited to dismiss complaints against TSA

Wednesday, October 12, 2011

TSA grandma

A public interest legal team at the Rutherford Institute is taking to the next level a district court judge’s decision to dismiss several claims against the federal Transportation Security  on based on a “secret order” from the agency.

The fight over TSA procedures has been raging for nearly two years, after the government agency started implementing “enhanced” security screenings that involve essentially two options: an X-ray that is a virtual strip search of a passenger and a pat-down that critics have likened to sexual assaults in public.

The cases were brought on behalf ofAdrienne Durso, D. Chris Daniels, Michelle Nemphos and a minor, C.N.andMichael S. Roberts and Ann Poe.Both cases were against Department of Homeland Security Secretary Janet Napolitano and John Pistole, the chief of the TSA.

They argue that since Americans do not lose their constitutional rights if they want to travel, the invasive procedures are out of line.

The institute said today it has appealed to the D.C. Court of Appeals on behalf of the plaintiff airline passengers and pilots “who refused to submit to virtual strip searches involving advanced imaging technology, which exposes intimate details of a person’s body to government agents, or submit to highly invasive pat-down searches during which TSA agents may go so far as to reach inside a traveler’s pants.”

“The appeal comes in response to a federal district court ruling that dismissed the cases on the grounds that the court has no jurisdiction in TSA matters. In justifying the dismissal, U.S. District Court Judge Henry H. Kennedy, Jr. cited a secret order issued by the TSA as the basis for ruling that the D.C. Court of Appeals hear any reviews of TSA procedures. Insisting that the order contains ‘sensitive security information,’ the government has yet to make public the document embodying the TSA enhanced screening procedures,” the organization reported.


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  • OneCitizenOfTheRepublic

    Attorney General Holder: Long history of obstruction of justice, deceits, and questionable integrity…Perfect choice by Obama to cover up / defend him from legal inquiries.

    • Doris Carman

      You got that right. What if the majority of people refused to fly certain airlines? Then if the TSA didnt change their tune refuse to fly more airlines. When airlines begin to lose money there will be changes. Tell congress no more bail outs.

    • nax777

      All this will go away with a crackdown on legal and illegal immigration. Support legal immigration reduction at

      Ten million, 20 million, 30 million, 40 million… Hello Sharia flag, for English please press 2!
      P.S. Did you vote this week at “you cut”?

    • John

      Your too idealistic about your government.

    • Dave

      Now now people, didn’t you know they didn’t teach the definition of ‘illegal’ in Indonesia therefore Oturd could not know the meaning of ‘illegal’. Give the muslim a break, he’s only one muslim. Shall we all pray now – alla shama bim jab yalalalala bag dim wad – crap I forgot to face and bow to mecca.

    • Rob II

      I have been using that tactic (boycott) since the TSA was established. Fortunately, I don’t HAVE to fly anywhere. Yet! When I do, it will be to take my family away from the United Soviet Socialist States of O’fartface.

    • Jennie Walsh

      The war between good and evil, between those who love liberty and peace and the secret servants of Satan (the “globalists”, the “insiders”, the “power-elite”, the international bankster-gangsters, the “good old boys”) wages on and on and on. I am begging everyone to vote for Ron Paul who will lead the country in Truth and in solid principles of Godly Government. This nation is in grave danger from all the criminals who are now running, plundering and destroying America.

    • Sumerian Man

      I agree, Ron Paul is the only canidate with enough moxy and total understanding of this government debacle that could really make a difference. A Tea-partier by any other name is still a Tea-partier. Give America and the Constitution a fighting chance, vote Ron Paul 2012!

    • John

      He is still a Republican.

    • LadyLiberty

      Secret Order my A$$!!! What a bunch of BS!!

    • Dave

      Obama with his lisp could be a closet queen, and Holder just plain looks like a cross dresser. Not that there’s anything wrong with being a queen or dress wearer but one in power should at least admit they like wearing red lacey panties.

  • obamavitch5

    Transparency of the o-vomit administration at work.

  • No fool

    Another secret order? There’s far too many of these in this administration. Like the secret order to dismiss any cases which are against Obama … oh oops, that was a secret too?

    • Joaquin

      It reminds me of hitlers secret police.

    • Asa Christian

      You’d better watch out with those comparisons of Obama to Hitler. I’m going to tell your mommy and someone else is going to report you to Remember what happened to Hank, Jr. He’s still on time out. You need to protest! Find an intersection somewhere, get a sign, defecate on the street, maybe even have sex with your girlfriend in a sleeping bag there!

    • seabee combat vet

      But Hank jr. took his time out and made a kick ass anti administration/everything song!!Even names fox news by name! Go Hank!!

    • seabee combat vet

      The song is titled “Keep the Change”

    • Dave

      Got one better for you – I have a 30ft flag pole where I fly a distinctive flag with Obama’s name in a circle / with a slash thru it – Thus the clear meaning – “He’s got to go”. If he is re-elected the American Flag flying above it, will be turned upside down and flown at half mast –

    • WASP

      Or the Stasse. Just had a run-in with the goons from the “census bureau” over the invasive questions on the Community Survey, which they try to pass off as part of the Census. This data mining is the sort of info the Stasse collected on almost every East German citizen.

    • Dave

      I did not fill out their forms. I used my all inportant shreder and then put a flame to it – I will NEVER fill out their forms – a match works wonders.

    • Dave

      There is one huge difference however with the German secret police and today – American citizens have yet to turn in their guns. A populous with guns is less likely to be abused – George Washington taught us that important lesson –

  • Steve

    The media again fails to point out the entire Obama administration is Secret..The only transparent thing about it is Obama is trying to destroy America and he is a Commie /Socialist.

  • EdinNola

    There is no excuse for this. Are we a land ruled by laws, or by secret organizations in support of a dictator? This guy: U.S. District Court Judge Henry H. Kennedy, Jr. needs to be removed from office. He is a disgrace to the legal profession and to America. Secret orders do not cut it. This sounds all too much like Nazi Germany.

    • Jean

      Its the same old story with Lawyers/Judges
      the 99% are giving the 1% a bad name.

    • Joyce

      Along with the two female traitors Obummer named as superme court judges.

  • R. Cook

    Sorry “Secret orders’ are unconstitutional.
    To be in compliance with the Fourth Amendment, TSA would have to have a signed search warrant naming each airline passenger, the reason why this specific person was to be searched and what was specifically being searched for.
    Fourth Amendment:
    “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.”

    • Nick Saorsa

      “unreasonable” is the key word there. They just say that they are “reasonable.” As hideous as they are, these searches are perfectly CONstitutional. The king’s men can always do what the king wants.

  • MontanaMEL

    Maybe this is that “crow-bar” we have been looking for as a basis for dethroning some of these wacko judges???… IF their rulings have NO basis in LAW…then, they need to be kicked out of their robes.. and, maybe just plain kicked, eh?..

    • art

      I’m thinking of a more appropriate and violent correction…..

    • jim

      God wouldnt like that method tho many of us are thinking the same thing plus giving him a whole lot of company including a couple three from the Supreme court.

    • michael

      a great man once said,,” from time to time, the tree of liberty must be refreshed with the blood of patriots and tryants”

  • tod

    TSA is 100% Unconstitutional Period!!!Dr.Ron Paul 2012 !!!

    • jim

      No Paul please. End abortion on demand him says no get rid of muslim problem him says there is no problem—sorry Paul.

  • rambo

    So much for odumbo and his “transparent government” that he campaigned so vocally about. He is a super sized POS!!!!!!! bWhat is it going to take for Americans to wake up and do something to get our country back to what we had for so many years before this D*****T got into office?

  • Ann C

    Since when does TSA have any authority to determine which court is going to hear its cases?????

    Nov.2012 cannot come too soon!!!

  • am2sweet

    It’s hard to sue the government on anything no matter what they do. There is no secret order that can explain why only Americans are strip searched and Muslims are not.

    • jim

      2sweet the Americans get searched because we’re nice little sheep and we accept it. The muslims are offended so they don’t have to submit. After all they might get caught. Myself – I refuse to fly if the meetings can’t be sheduled ahead of time so I could drive it’ll go on the net otherwise I’ll drive.The airlines are a rip off anyway.

    • PrincessPhilly

      If all Americans would refuse to fly then the whole airline industry will go bankrupt. That is how we have to fight back. Hit them in the wallet. We will fly when prices are resonable and do away with feeing us to death and no molestation. Otherwise enjoy bankruptcy.

  • Mary Mahonan

    I’m flying in a few days. I won’t be xrayed. Should be interesting. I might have a knee-jerk reaction.


    I have to fly home I have a plate and screws in my neck, pins and rods in my back and neurostimulation wires into my neck with a battery implanted in my lower back. I looked like Im wired in an xray. My biggest concern is I have a medical magnet that turns on and off my device. TSA told me “this could used as a weapon” I had to get a note from St Judes detailing that it is a medical magnet and I can not turn on or off my device without it. TSA asked if I could “check-it” for an additional $25.00 each way. Since I have no baggage to check in why should I have to pay extra for my magnet?

    • jim

      Because they’re out to pick as many pockets as they possibly can while their luggage handlers rifle your baggs looking for goodies.

  • David B.

    If they want to pat me down they must be prepared to get knocked on their ass! I will not have my rights violated by any looney incompetent power hungry ego maniac with a 3rd grade education that can’t tie his own shoes laces!

    • SpaceChief

      Sorry, David. your knocking them on their asses would be like Anne Frank doing the same to some Gestapo goon in 1943. And you might very well, under this fascist agency, be subject to the same treatment she got. I agree with the total suspension of flying by the public where it may be possible. Even for one month. Money talks and business will squawk. Then Profile, profile profile!
      Offenced, Muslims? Tough excrement. No thinking American cares what the hell you think!

  • Herebert555

    How could a mere federal court have jurisdiction over the federal government’s intrusion into citizens’ privacy interests?

  • James

    TSA is way out of control….I work at an airport and the employees here go through so much more BS it will blow your mind. TSA needs to be shut down.

  • Major Daniel Corcoran

    The best thing today to protest this intrustion is to “Not fly” Going by rail is a little slower but also a more enjoyable way to travel. Boycotting the airlines and airports will put a great big hurting on their economy and will ultimately result in needed changes. It is the money that will make them listen ( or the lack of it from the boycott) Start hurting them in their bank accounts and they will rethink their options!

  • aceituna

    We need a better “profiling system” which includes racial profiling. All the nuts that hollor about diecrimination need to wake up and realize that if we had a decent profiling system,(not just racial, but also gender, age, background, etc. etc.) and the use of a search warrent system as mentioned above, most passengers would not undergo these stupid searches, only those we have reason to be suspicious of. Wake up!

    • Dave

      I agree – If you wear a bed sheet you’re a suspect. If you have a towel on your head, you’re a suspect. If you even think you look like someone from the middle east YOU ARE A SUSPECT!!!! Do I hear BODY CAVITY SEARCH for all suspects?

  • http://patriotupdate Emily

    Since that “prime idiot” governor of North Carolina…Beverly Purdue should be the start of impeaching those elected…suggesting that we should “delay” elections for a “couple” of years to give the government to get things straighten out!!! These democrats are nut cases. Wouldn’t surprise me if “O” picks up on that and use it IF he is threatened to lose next year..More like news from Germany 60-70 years ago, huh?

  • Gary

    Want to solve the problem. It’s easy. Everyone should quit flying. If that would happen–the TSA would cease to exist. Simply the common sense approach.

  • Buck

    There certainly could be no secret orders in the most transparent administration ever , could there ?

  • Buck

    PS , Gary , I am way ahead of you , I haven’t been on an aircraft since the TSA was started and I have no intention of flying the rest of my life unless it is on a charter and out of an airport with NO TSA personnel.

  • Reddbehrens

    testing has proven that the TSA are no more effective than the private screeners were before 9-11. The whole TSA is an excuse to waste more of our tax dollars and take away our freedoms. I refuse to fly anywhere.

  • skip gainer

    Holder and obama are sitting back, laughing at all law bidding citizens. They are the law of the land now, because nobody will take any action against either of these 2 guys above the law and Constitution! Welcome to one world government.

  • Fisher1949

    Tuesday another TSA screener was arrested in Maryland for child pornography. These are people that government allows to touch our children’s bodies with impunity. These invasive practices seem to be attracting child molesters, criminals and misfits and unnecessarily exposing our children to groping by screeners whose intentions are not security minded.

    There have been fifty five TSA screeners arrested this year including nine for sex crimes involving children, with nearly three months left to go. Unfortunately, these are just the ones who have been caught and certainly many more have yet to be discovered.

    There are too many criminals in TSA and this agency be held responsible for those it hires. Who is protecting our children from these deviants? It is time that we and our elected officials demand and end to these perverse policies to protect our children and the traveling public from these predators.

    Sadly this is the result when Government sanctions child molestation, sexual assault and strip searches in the guise of airport security.

    TSA Crimes & Abuses

  • Robert Berry

    Obama is destroying our Country while the Republican party does nothing but watch…What possible exuse is there for allowing this to happen?…People, we must stop this madness NOW….

  • bob

    I wonder what would happen if everyone flying refused the xray? Pat downs right? Just how long would it take to pat down say 300 people on a flight? Every flight, everybody, it would take hours. Planes would fly off practically empty and the airlines would have to re-emburse the passangers because they missed their flights due to the TSA and the airlines for allowing these invasive violations.

  • Colo43

    Jail time for him and Obama. i think life would be appropriate.

  • Wolf-Talker

    The TSA what a wonderful agency. Maybe we should do away with the FBI, CIA, NSA, and the department of Homeland Securityand turn it all over to the Good Old boys at the TSA.

  • Larry E

    This “transparent” administration needs to be opened up at the seams and checked out from top to bottom. Treating law abiding citizens like criminals, which is what Ms Incompetano and Mr Holder have been doing while they seem to be protecting and even aiding the criminals.

  • Ridge Runner

    this whole damn government needs to be investigated and most of them thrown out with the cleaning water it takes to clean up the &&it.You would have to burn the water because if it wasn’t it would create too much enviromental hazard waste.You can’t shoot them because too many dead rats might cause aplauge like they had in europe several hundred years ago.

  • Pegs

    The people of the USA are mostly moronic sheep being led to the slaughter. Blacks wanted a black president and cabinet and guess what they got one. Now they cry “Racist” because we CRY, “We are losing our freedoms” Seriously, they don’t get the picture that their own freedoms are at stake as well. Obamination is just that, a Spawn from hell and his crew of the deadly Good Ship Kill America set sail a long time ago. Very few whites are racist and they are a disgrace, but the truth of what has happened to America is because people don’t want accountability, don’t want to be responsible. They want what they want even at the cost of their own freedom, because they are selling their souls. Christ is the answer, regardless of the circumstances and the Bible is clear about ALL that is taking place and why. We spit in God’s eye, we want it our way, not His and there is a Price to be paid for our stupidity and it’s called reaping the whirlwind