Appeal Back on Track

In case you’ve been wondering what happened to my 11th Circuit appeal in the lawsuit that started this blog, it was dismissed 2 months ago for a missing document, after the clerk’s office told me they had everything. It’s still my fault (should never trust the clerk! ), but today my motion to re-instate was granted, and the government’s appellee’s brief is due on October 24th, 2011.

I have to review the rules to see if I get an opportunity to reply to their brief or not, and additionally, the judges can request to have a hearing for oral arguments, if they so choose. But, it looks like we’re on track for an appeals decision by end of year. A decision in my favor sends the case back to the District Court to proceed, while a decision for the smurfs will prompt me to ask for Supreme Court review.

How-To: Freedom of Information Act (FOIA) DHS/TSA/Federal Government and Not Take Any Shit (+FTCA Claim)

Disclaimer: This post is intended to show how *I* dealt with a FOIA situation with the federal government, and is not intended as legal advice. I am not an attorney, and I am certainly not your attorney.

I got my first reply to my FOIA request regarding my false arrest and detention in FLL, and noticed my claim number assigned was “TSA11-0859.” This leads me to believe that my request is #859 to the TSA for the year, which suprised me as incredibly small. So, I’d like to share how I filed my request in case you have something you’d like from the TSA and want to see how someone else went about requesting something.

I mailed in the request 3 days after being abused by Transportation Security Manager Alejandro Chamizo, whose picture I found on Facebook here Timing is important — if you wait more than a month, the security camera tapes are probably overwritten.

I received a reply back saying the request was received 16 days after I mailed it, that they might charge me fees, and that I needed to submit an affidavit affirming my identity since some of the records I requested can only be released to the person who is in the records (me).

My reply includes the affidavit (which next time, I would include with the original letter), a note that they received it only 4 days after I sent it according to the post office, and a request to waive the fees, hurry up, and don’t forget anything!

Corbett v. TSA – FOIA Request (Initial request)
Corbett v. TSA – FOIA Response 1 (Their response to me)
Corbett v. TSA – FOIA Reply 1 (My response to them)

Within the first document, you also get a look at my FTCA claim, which is necessary under most circumstances for suing the federal government (notable exception: constitutional violations). Since I’ll be claiming constitutional violations in addition to other (state-law) claims, I needed the FTCA claim.

Update: A reader claiming to be a TSA employee claims that he has reviewed the list of TSMs at FLL, and that Mr. Chamizo is not on it. For clarity, I was told by a uniformed TSA screener that the man was a TSM, and his clothing and demeanor seemed congruent with that. I will continue to update when I receive new information.

Update 2: Broward County has confirmed for me that Mr. Chamizo is NOT a county employee. Until I see evidence otherwise, I stand by my original statement of TSA TSM (or similar position).

Write a Constitutional Amendment to Restore Our Freedom

Things seem to be progressing downhill rapidly as far as our rights to be free from government here in the United States, and although I expect the courts to push back on it, I’m sure that slowly things will continue down that hill. If the courts do refuse to push back on nude body scanners and groping, just as they’ve refused to push back on absurd border searches, I think perhaps the only thing that can save our freedom without revolution would be a constitutional amendment.

So, I attempted to draft an amendment that would solve the issues that I see, and I’d be interested to hear what you think and what your proposed amendment would be to solve these problems. The abuses that I wanted to prevent in my amendment were:

• TSA abuses and other abuses of the administrative search doctrine

• Border search abuse, including the “constitution-free zone” and the confiscation of laptops
• Any potential for a US person being held without probable cause, including incidents like the 3 people who were arrested and strip-searched without probable cause described in my previous post, as well as long-term detention by classifying someone as a terrorist or enemy combatant, or by declaring some kind of emergency (WWII-style round-ups).
• Express prohibition of secret laws, rules, proceedings, and evidence, from the terms of the SOP to sections of the Patriot Act
• A guarantee of the ability to seek redress in court without limitations via immunity or laws interfering with jurisdiction

Here’s what I came up with:

Proposed 28th Amendment to the United States Constitution

The rights of the people to be free from search and seizure absent probable cause and warrant, to due process, to habeus corpus, to redress of grievances, and to be held subject only to public proceedings to take place within the United States and without the presence of secret rules or evidence, shall not be abridged, regardless of circumstance, including war, terrorism, or emergency, regardless of location within this land, including travel centers and borders, regardless of citizenship, and regardless of the variety of government effecting the intrusion. No search doctrines of administrative, border, or otherwise shall exempt a search from these requirements, save for minimally-invasive port and border searches narrowly-tailored only to protect the safety of those traveling and prevent the importation of contraband, but under no circumstances may such a search rise to a level that would offend the modesty, including by invasive touching or imaging, or offend the privacy, including by browsing and reading documents, of reasonable persons without reasonable suspicion. Immunity is waived as to any official or entity infringing upon these rights, including the United States of America itself, and jurisdiction shall be retained by the United States District Courts for all claims arising therefrom.

–Jon

Three People Arrested, Strip Searched for Looking Middle Eastern

http://shebshi.wordpress.com/2011/09/12/some-real-shock-and-awe-racially-profiled-and-cuffed-in-detroit/

Appauling.

If we do not ALL stand up against this NOW, it won’t just be “middle eastern-looking people” that get this treatment. It’s going to happen to all of us. Please don’t give your freedom willingly, and take proactive steps to retain it. Demand from your elected officials that this stop.

Along those lines, I try to keep this issue apolitical because it doesn’t matter who or what party is promulgating this invasion — it’s wrong and needs to be stopped either way — but the fact of the matter is that the president is in control of these out of control agencies. The TSA, the rest of DHS, and apparently even the FBI are now all activitely participating in the infringement of our rights, and let there be no mistake that it is happening on Obama’s watch (and yes, regardless of whether the wheels were set in motion by the previous administration, they were accelerated rather than shut down by the current). We need to hold accountable politicans that either actively or passively support or allow these tactics to continue, and it’s time that we start asking for change from the top.

–Jon

“Well we can either do this here, or at the Broward Sheriff’s Office!”

I went through much of the audio today that I recorded at the FLL checkpoint which refused me access to my gate a couple weeks ago.  The quality of the audio makes my musically-trained ears cringe, but it’s sufficient to make out most of what was send by Transportation Security Manager Alejandro Chamizo:

(0:00) TSM: Hey, good morning.
(0:01) Jon: How you doin’?
(0:02) TSM: Good, Alex, nice to meet you.
(0:02) Jon: Jon.
(0:03) TSM: Jon, pleasure to meet you.  I understand that you opted-out of the AIT?
(0:07) Jon: Yes.
(0:08) TSM: Now, we have to clear you.  So, the only option is, now that you did opt-out, is you have to be patted-down.  I understand that you have refused that also.
(0:17) Jon: I told them they could pat me down so long as they don’t touch my genitals or buttocks.
(0:21) TSM: Well, they do have to.  That’s how it goes.
(0:24) Jon: (inaudible – repeating that he will not consent to touching his genitals or buttocks)
(0:32) TSM: That’s a concern for us, as security, and we want to know why now.
(0:38) Jon: (inaudible – explaining that he feels that a search that touches his genitals or buttocks is a violation of his rights)
(0:52) TSM: Well we can either do it here or at the BSO’s (Broward Sheriff’s Office) office.
(0:56) Jon: (inaudible – explaining that he should simply be allowed to leave if the TSA will not clear him for admittance to the sterile area)
(0:59) TSM: I cannot let you leave the checkpoint without being cleared.

Audio Clip (1:03, .mp3)

This, my friends, is an attempt at forcible search via intimidation, as well as false arrest, as it was made 100% clear that I am not free to go at this point.  And let there be no doubt who did it — this guy (0:05, .mp3).

I sent in my FOIA request for the video (along with FTCA claim) almost a week and a half ago. When it comes, I’ll synchronize the audio I recorded with the video they provide and put it on YouTube for you all.

–Jon

Update: A reader claiming to be a TSA employee claims that he has reviewed the list of TSMs at FLL, and that Mr. Chamizo is not on it. For clarity, I was told by a uniformed TSA screener that the man was a TSM, and his clothing and demeanor seemed congruent with that. I will continue to update when I receive new information.

Update 2: Broward County has confirmed for me that Mr. Chamizo is NOT a county employee. Until I see evidence otherwise, I stand by my original statement of TSA TSM (or similar position).