I know someone (call her “Alice”) who flew recently. She had not flown in many years, so while she was prepared for some inconvenience she had no idea how deep the rabbit hole of TSA abuse and incompetence really was.

On her trip home, she set off the metal detector and told the TSA agent that it was probably the underwire in her bra. The TSA agent said she’d have to get a pat-down anyway. Alice requested the scan instead, and the agent immediately called over her supervisor — a short, fat, “I was unpopular as a kid, but now I’m drunk on power” lout of a woman. This TSA “leader” was abrupt to the point of abusiveness. Had Alice not been traveling alone, this would have been prime video fodder to show the “quality” of the personnel working for the TSA. To quote one line from her very loud tirade, “You can either get a pat-down right now or I can walk you out of this airport right now.”

Alice submitted to the pat-down, but she tried to keep an eye on her purse, phone, keys etc. which were sitting 20 feet away on the other side of the now-unattended scanner while dozens of passengers walked all around that area. After reprimanding Alice, the agent groping her finally yelled over to another agent in a mocking tone, “Can you get her stuff so we can get this done?”

They finally concluded (like the consummate security professionals they are) that it was the underwires in Alice’s bra setting off the metal detector. Amazing!

Anyone traveling on a tight schedule or out of urgent need (as Alice was) knows the TSA has you over a barrel. They don’t even have to fine you. Missing an $800 flight and potentially a day or two of travel time on a three day trip is a pretty effing steep fine for, “you just annoyed me but you have no avenue for appeal” abuse of authority.

If I had my way, the TSA would not only be abolished, but having TSA employment listed on your resume’ would be the most shameful thing imaginable. This is a despicable organization. And don’t give me crap about “not everyone who works there is like that”. The stain of TSA incompetence and abuse is prevalent throughout the organization. Anyone who associates themselves with the TSA in any way should be deeply, deeply ashamed. It’s. That. Bad.

Oh, by the way, during that trip Alice traveled both directions, through four checkpoints before remembering after the last one that she was carrying a large maximum strength canister of pepper spray (twice as strong as issued to law enforcement). But, as God is their witness, the TSA found the underwires in her bra and made sure she knew THEY were in charge and that Alice was in the category of “little people”. Bravo! We can rest easy — eight BILLION dollars a year in TSA funding is money being well-spent. Not a dime of fraud, waste, or abuse in that budget!

I think that going public with this person’s name is the only thing anyone can do. Hold these people responsible for their own actions.

What recourse does the common man have when those in authority REFUSE to take , follow up on, or investigate a crime?
The whole TSA idea was to make us safer, from what?
Life is fatal folks, sorry to tell ya, but it is, 100%. Yes we can minimize risk, but how far?
I have read the Constitution several times, and the bill of rights, I have yet to see the “right” of “public safety”. Security in your home and possessions, yes, but not in public as far as I can discern.

If your “right” to safety infringes on my right to privacy, maybe YOU should stay home.

the Idea that a position of authority can do no wrong is absurd, Power corrupts, and the TSA power corrupts absolutely…..

I had not heard about this, but I’ve encountered Amy Alkon before. Her antics have been documented by the fine folks at Sadly, No!

If her allegations are true, I certainly hope she prevails. Still this is the kind of case where I’m rooting for injuries.

Useless, perverted TSA, yet another violation of our rights. Add it to the list of gov?t violations of our rights:
They violate the 1st Amendment by placing protesters in cages, banning books like ?America Deceived II? and censoring the internet.
They violate the 2nd Amendment by confiscating guns.
They violate the 4th and 5th Amendment by molesting airline passengers.
They violate the entire Constitution by starting undeclared wars for foreign countries.
Impeach Obama, vote for Ron Paul.
(Last link of Banned Book):
http://www.iuniverse.com/Bookstore/BookDetail.aspx?BookId=SKU-000190526

While reading this and trying to overlook the trolling, I’ve seen a lot of “if she was raped she should prosecute!”

The only thing I have to add to this conversation is a bit of experience.

I’ve been assaulted and sexually abused on more than one occasions. In some cases it was my exhusband. It one case it was a stranger.

I’ve also been robbed numerous times.

Not once when I sought help was I ever. Ever. afforded a report, a lawyer, a judge. Anything. I was shushed and pushed away. I was a single mother. I had no money.

I’m married now, happy, and have a steady income. We’re military.

We got robbed.

And for the first time there was an officer who took me seriously enough to take a report and promise to try to pursue the situation.

So.

She was told it was a “no-starter”. I’ve heard things like that before.

The law doesn’t uphold the people as much as idealists would like the believe. And that’s just a sad, bitter truth.

Speaking out is in many cases a first step to getting justice. And if her blog was the only way to do it, then more power to her. And even better that people actually listened to her blog. Not everyone is so lucky as that, in this world.

Next time I fly, I am going to demand that a female TSA thug pat me down. I am a man and I don’t want another man patting me down. I want a woman to put her hands on me. I will also make comments after the pat down to her. Comments like, “You know you want more of me. Here’s my number. Call me.” and (if she is married), “I saw in your eyes that you seem to have found something that your husband can not provide you. Here’s my number, call me and you can have some of what you have not been given.”

The goal of every airline passenger should be to let the TSA know that they are sick of being treated like criminals and being violated by government decree. This is a protest that they can not stop. We have the right to speak.

Here is what UCLA has to say about Sexual assault:

“In its simplest definition, sexual assault is unwanted sexual contact.”

“Although these definitions seem clear, people are often confused as to whether they have been sexually assaulted or not, or even if they have been raped or not…”

“In many cases, survivors may feel that because they were not seriously hurt physically, it wasn?t really rape. This is not true. ANY sexual contact forced upon you by someone against your will is illegal, against the UCLA Student Code of Conduct and against UCLA University Policy. It is illegal and wrong…”

“Although people typically think of a man assaulting a woman, rape and sexual assault occur between people of the same-sex as well.”

FBI’s website on Color of Law Abuses says the following:

“Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn?t comply.”

Common reactions to sexual assault as per Virginia Tech’s website:

“Every person reacts differently to traumatic experiences; there is no “right” reaction to a sexual assault. Below are examples of possible reactions to sexual assault.

Shock, disbelief, numbness, withdrawal
Preoccupation with thoughts and feelings about the assault
Unwanted memories, flashbacks, and/or nightmares
Intense emotions: anger, fear, anxiety, depression
Physical symptoms: sleep disturbance, headaches, stomach aches
Inability to concentrate, lower grades
Fears about safety
Feelings of guilt and shame

“Sexual assault is motivated by hostility, power, and control. Clinical studies of offenders find that sexual assaults are not motivated by a biological desire.”

Many people who experience sexual assault are in a profound state of shock and may not be capable of contacting authorities and pressing charges, especially when the perp is one of the authorities. The authorities may not want to fight the system they are part of. As a victim, you have rights, but the government may, and often does, ignore those rights.

The National Association of Airline Passengers is working to reform Federal and State laws to bring accountability to the TSA. See our website for more information.

Unable to find policy?

Here it is:

“The Transportation Security Administration (TSA) is warning that any would-be commercial airline passenger who enters an airport checkpoint and then refuses to undergo the method of inspection designated by TSA will not be allowed to fly and also will not be permitted to simply leave the airport.

That person will have to remain on the premises to be questioned by the TSA and possibly by local law enforcement. Anyone refusing faces fines up to $11,000 and possible arrest.

“Once a person submits to the screening process, they can not just decide to leave that process,” says Sari Koshetz, regional TSA spokesperson, based in Miami.

Koshetz said such passengers would be questioned “until it is determined that they don’t pose a threat” to the public.

Palm Beach Post
Saturday, Nov. 20, 2010

Telling the truth is not spreading lies. Identifying your assailant is not telling lies either. I hope the TSA agent tries to bring this to court. Then the real victim can file her own interogatories, supoena the video of the incident, etc. When the evidence is presented, who do you think the jury will believe?

You can always report a crime to the police. You just can’t go on your blog and claim someone raped you without something more than your opinion to back it up.

It isn’t to compare the justice system to morality. It’s just if you are going to claim something happened, you should be willing to act on your beliefs.

What would you think if I published in your local newspaper that “I was walking down the street in front of Jesse’s house when he came out and sexually assaulted me”, call it an op-ed, and had nothing to back it up with? Would you just let it sit, or would you take action? What would you think when all of your neighbors keep asking you why you sexually assaulted me?

Think about it. If the woman was raped, she needs to claim rape. If she isn’t convinced enough to take legal action, why should she get to claim the crime in her blog? Is that truly fair?

Big difference between going on a date and TSA molestation.

First of all, no question of sexual contact. Video of the sexual contact exists.

Second, it was done under duress – with the or else of missing the flight, possible fine, arrest, and being placed on the no fly list, or worse.

Finally, there is no obligation by a TSA officer to commit and illegal act, even under orders.

P.S. I’d argue that no defamation exists here. The TSA already has a reputation for sexual assault, theft, and other misdeeds such that no loss of reputation could possibly occur, and indeed that TSA actively seeks such a reputation to intimidate fliers into compliance.

“Let them hate so long as they fear” – Calligula

? Sorry to disagree, but Flying is a right. The common law right to travel predates the constitution, and is incorporated in the “all other rights” mentioned in the 10th amendment. Not convinced? How about 49 US Code-Section 40103 (2) “A citizen of the United States has a public right of transit through the navigable airspace.” That’s the law.

If you make a lawful purchase of anything, you have a right to what you have paid for. What makes you think otherwise?

As for filing charges, that sounds nice, but most people cannot afford the consequences-like missing their flight and being arrested. Police have no obligation to protect you, as the Supreme court has ruled. They might take your report-or they might take you to jail under arrest. It’s happened. There is a youtube video of a woman molested by a TSA calling for a police officer. When the police arrived, did they take her report?

Germany 1935 all over again.

Rails are themselves heavy, 100-150 lbs/yard. Doing anything to any considerable length of rail tends to involve heavy equipment. What usually happens in a derailment is that it takes a certain distance for the train to go four-and-a-half-feet off center. If the missing section of rail is only ten feet long or so, that won’t happen. The train winds up with one set of wheels running along the ties between the rails, and the other set running along the ground outside the rails. The train comes to a stop in maybe a thousand feet, and there are a good number of minor injuries from people falling against furniture, etc. There are very few fatalities or major injuries.

Bad accidents usually involve collisions between trains, or derailments off bridges or viaducts. Bayou Canot was one of the worst, because a couple of passenger cars got dumped in deep water, and they didn’t float very well. And this happened because the bridge had gotten whomped by a lost barge tow– the equivalent of a ship.

http://en.wikipedia.org/wiki/1993_Big_Bayou_Canot_train_wreck

Then there are embankment collapses. Thousands or millions of tons of flood-water wash away thousands of tons of dirt, undermining the track for a considerable distance. Moving dirt on that scale, by human means, tends to involve many dozers and backhoes.

Really high speed trains, incidentally, are designed with very stiff couplers, with built-in “buffers,” or shock absorbers, to keep them from jack-knifing, even in a derailment. The French TGV trains have occasionally derailed, without mass-casualties.

The one real safety concern of the railroads doesn’t have to do with passengers at all. It has to do with “hazmats.” From time to time, the railroads have to carry Hiroshima-quantities of chlorine; cyanide; benzine, and other solvents; and various liquid/gas fuels. The railroads have programs to establish contact with local police agencies and fire departments, and make sure they don’t try to handle something like that on their own.

You left out some parts.

TSA worker works for the TSA.
ADD: TSA has a policy of Sexually Assaulting passengers.
ADD: TSA worker follows policy and assaults passenger.
ADD: TSA workers actions recorded on video tape.
TSA worker accused of rape.
ADD: TSA worker admits to sexual assault and following TSA policy.
Change: TSA worker must be guilty because she admits to the act, it is recorded on video, and victim/witness is credible, and actions are in accordance with TSA policy.
New sentance: Other TSA agents have been abusive.
New sentance: The government can accuse you without proof of infringement. You cannot accuse the government of anything even if you have proof from their own mouths.

Because the victim’s assailant has not refuted the claims, tao, there can be no defamation or slander. For those to be possible, what was said must be proven false. Which it has not. It has not even been contested, merely the terminology used to describe it. Therefore, the victim is not wrong for expressing herself through the only avenue open to her, that of the online world.

The needs of the many?the common people of this country?to have their privacy and civil rights respected above all else?outweigh the needs of the few?the government organizations who seek to strip them from us for their own gain. Or the one?the corrupt government that allows them to do this. When injustice has been done, the only logical course of action is to oppose it, in whatever form it is possible to do so.

Citation needed. I have not seen any TSA policy authorizing sexual assault. In my opinion this is an illegal search, and also one you can refuse to consent to. Nobody has presented evidence that anyone has ever been held down and searched against their will or arrested for not consenting to being searched.

>>> The policy on pat-downs is well known and has been experienced by anyone who has opted out.

The TSA has begun using an “enhanced” pat-down procedure for those who would rather not subject themselves to a full-body scan.

“To call it a pat-down is a euphemism,” said a spokesman for the ACLU in Massachusetts. Previously, TSA screeners were required to use the back of their hands when searching sensitive regions. The enhanced pat-down rules allow them to use their palms and fingers to feel, twist, squeeze, and prod passengers.

Your claim that sexually assaulting people is policy is simply an outright falsehood.

>>> No, it’s an outright truth which people like yourself have difficulty facing.

It’s an attempt to characterize a a search as a sexual act.

>>>Sexual assault is…
A broad term that encompasses any forcible sexual activity that occurs without the victim’s consent.
A range of behaviors that include, but are not limited to, unwanted kissing and fondling, forcible vaginal, oral, or anal intercourse, forcible vaginal, oral or anal penetration with an object or a finger.

These TSA agents, despite what you want to believe, are not doing this for sexual reasons.

>>> Sexual assault is:
A way for the perpetrator to exert power and control, not about “out of control” sexual desire.

And they are only touching those who consent to the search.

>>> They are touching those who they chose. Consent under duress is no consent at all.

It harms the fight for civil rights to try and sensationalize the searches as sexual assaults.

>>> It harms the fight for civil rights to ignore sexual asault under color of law and pretend it really isn’t sexual asault.

It detracts from the truth, that they are illegal searches by focusing on a lie.

>>> Are you smoking something?

In prisons, there are much more intrusive searches. Those are not sexual assault either.

>>> A strip search in prison is less intrusive – when done properly there is no contact.

Nobody characterizes them as such.

>>> By nobody do you mean the FBI? See their color of law abuse page.

Body cavity searches are not sexual assaults either.

>>> If they are done without consent and with no probable cause they surely are.

The TSA searches are not sexual assaults.

>>> If they touch you in the private areas without your consent they sure are. Consent given under duress is not consent at all.

They are illegal searches.

A stopped clock is right 2x a day.

Focus on the truth.

>>> The truth is something you seem unwilling to face.

Trying to make it into something it’s not just for the emotional pull will fail in the end, and the position against the searches will be weaker for it.

>>> Trying to pretend that sexual assault isn’t happening is delusional. The position against unreasonable searches will not get any stronger if we tolerate these most unreasonable of all “searches”.

Nobody has presented evidence that anyone has ever been held down and searched against their will or arrested for not consenting to being searched.

Let me help you with that, then.

@taoareyou:

You have some very good arguments, but I’ve read them all, multiple times. Take a break! Get a life! You’ve made your point; now move on.

> File charges and name them that way

It says in the article that she thought of that first but was advised that in the end the court would probably side with the TSA (if only to keep from opening the lawsuit floodgates, probably).

From the article:

“After investigating whether or not she could file sexual assault charges, and being told that this was probably a non-starter, she instead wrote about the experience…”

I don’t think it was wrong to name the person. Court is for cops. Lets sort this out nonphysically on the streets and liberty will win.

There is no right to fly, or drive a car; both are privileges and common law with respect to freedom of travel does not hold.

You have a right to walk where you want, ride a bicycle or possibly ride a horse.

It is also not “rhetorical hyperbole” as stated in the counter letter. The passenger is asserting that an actual criminal act occured — that is defamation.

This is no more rape or assault than any pat down used by law enforcement.

Unfortunately for your theory, victims don’t file charges. Prosecutors file charges, and they have discretion as to whether or not to do so based upon their perception of the strength of the case. You would be hard-pressed to find a prosecutor who would press charges against a TSA agent specifically because it would be an extraordinarily difficult case to make.

Defamation is a tort.

There is no prosecutor in a civil tort case. There is a plaintiff and a defendant.

Proof beyond a reasonable doubt is not needed, all that is needed is preponderance of the evidence

Touching someone’s vagina during a routine security inspection is no more rape then a gynecologist examining a vagina. By flying you are agreeing to the security inspections the same as visiting a doctor.

Flying on a plane is a privilege. You all think it’s your inalienable right (like big screen TV’s and mochas). The fact is, I fly often and I’m tired of people who complain that security is ‘far too tight’. I like to think that I’m a little bit safer because of physical inspections, scatter ray devices, passport/driver license examinations, and the like. I think the FAA agrees and ultimately congress as they have passed no bills to ban these items.

I take it most of you would prefer to fly on an airline that has no security. So be it. I wish they had that airline for you so I wouldn’t have to listen to you whine any longer. I would imagine that potential terrorists would also like to fly that same airline as well. Have fun with that.

Unfortunately planes are expensive and, apparently, so are the people that fly on them when they’re dead. Airlines think its better to be safe then to dole out big checks for more equipment and burial costs.

This woman is obviously unstable. Whether or not a finger brushed her labia or not, the fact that this woman’s life fell apart at the mere ‘grazing’ of a finger on her ‘private parts’ tells me that she is an emotional roller coaster. So hold her up as a blazing trophy for your discontent, I on the other hand see her for what she is (and what most of you are), spoiled, whiny, selfish individuals who care more for your comfort than for the lives and families of those who sit next to you on a plane. Welcome to the great nation we call America! Land of the free, home of the bra… selfish.

they’re rapin errbody!

Karl, I suggest you earn a JD before making making such claims. The passenger did not make a false allegation, that can only be done by asserting, to a law enforcement agent, that someone raped you. Even then it is the law enforcement officers duty to interpret the accounts of the complainant and translate them into a proper allegation under the law (in other words determine weather a rape or a sexual assault had taken place). The passengers outcry that the TSA agent raped her, even if not legally accurate, are a permissible rhetorical device. If you are still confused I suggest you either enroll in law school or (as i strongly suggest you do) stop opining on legal matters.

The problem is, TSA refuses to state what their organization-wide policy is; what that airport’s policy of the day is; or what that particular screener’s policy is. It’s all “SSI”, a kind of Sensitive But Unclassified.

Sometimes I wonder where my fellow americans studied civics:

“There is no right to fly, or drive a car; both are privileges and common law with respect to freedom of travel does not hold.”

>>> Flying: 49 US Code-Section 40103 (2) “A citizen of the United States has a public right of transit through the navigable airspace.”

>>> Driving: ‘The use of the roadways for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a “COMMON AND FUNDAMENTAL RIGHT” of which the public and individuals cannot rightfully be deprived.’ (Emphasis added) See: Chicago Motor Coach v. Chicago, supra; See: Ligare v. Chicago, 28 N.E. 934; See: Boone v. Clark, 214 S. W. 607;

“This is no more rape or assault than any pat down used by law enforcement.”

>>> Law enforcement at least makes a pretense of probable cause. However, any pat down can be done for a lewd or lacivious purpose. Gotta wonder how often sexual assault occurs that we do not hear about. See the FBI’s color of law offenses for more information.

>>> For more information on sexual assault, go to any university’s web site.

>>> As for the TSA, it is common knowledge that the pat down is deliberately abusive to discourage passengers from opting out from TSA’s $ 200,000 each scanners.

The TSA agent willingly and deliberately sexually assaulted the victim. If TSA agents do not want to be accused of rape, they can stop performing procedures that involve invasive genital examination, or they can quit their jobs.

Nothing forced the TSA agent to do what she did. Note there is no mention of the TSA agent saying “this didn’t happen that way,” merely “what happened isn’t rape, and you can’t call it rape,” effectively admitting to the overzealous and unnecessary examination of the victim’s body.

Every last one of these TSA thugs should be locked up for participating in criminal abuse, knowingly depriving citizens of their basic rights, and engaging in the expensive lie that is airport security.

I read about a Clarksville woman was arrested after becoming belligerent and statements that if you choose to stop the process you would be questioned before being allowed to leave.

“Police claimed that Abbott was taken to jail because she refused to calm down, yelling and swearing at officials.

She “told me in a very stern voice with quite a bit of attitude that they were not going through that X-ray,” airport security officer Sabrina Birge told police. “

What country do we live in where someone can be arrested for yelling or using a “very stern voice”? Are you defending this?

“The Transportation Security Administration (TSA) is warning that any would-be commercial airline passenger who enters an airport checkpoint and then refuses to undergo the method of inspection designated by TSA will not be allowed to fly and also will not be permitted to simply leave the airport.

That person will have to remain on the premises to be questioned by the TSA and possibly by local law enforcement. Anyone refusing faces fines up to $11,000 and possible arrest.”

http://articles.sun-sentinel.com/2010-11-20/business/sfl-airport-scans-pat-downs-refual-20101121_1_tsa-airport-checkpoint-sari-koshetz

“Tyner was simultaneously thrown out of San Diego International Airport on Saturday morning for refusing to submit to a security check and threatened with a lawsuit and a $10,000 fine if he left. “

http://www.signonsandiego.com/news/2010/nov/14/tsa-ejects-oceanside-man-airport-refusing-security/

Is that sufficient?

I suspect a lot of TSA agents will get shot in the face were that to happen.

Rape is a criminal charge… the DA would have to file the charges.

I’ll assume you were joking when you listed the pigs… sorry… cops… as guardians of our freedom and law. The rest you listed aren’t any better, for the record.

Flying on a plane is a privilege. You all think it’s your inalienable right (like big screen TV’s and mochas).

Freedom of travel must not be abridged by the government without sufficient cause.

I like to think that I’m a little bit safer because of physical inspections, scatter ray devices, passport/driver license examinations, and the like. I think the FAA agrees and ultimately congress as they have passed no bills to ban these items.

And you trust these people? Have you read about “security theater”? It’s working on you!

I take it most of you would prefer to fly on an airline that has no security.

That is a false dichotomy and a strawman at the same time. Two fallacies for the price of one! 😉

Airlines think its better to be safe then to dole out big checks for more equipment and burial costs.

Airlines don’t have a choice in the matter (AFAIK). If they were providing their own security, things might look very different, because they’d have an incentive to provide the level of security their customers want. TSA has no such incentive.

This woman is obviously unstable.

And I thought making a mental health diagnosis from a video was impressive. You can do it just from a news report!

I on the other hand see her for what she is (and what most of you are), spoiled, whiny, selfish individuals who care more for your comfort than for the lives and families of those who sit next to you on a plane.

If you think this is about “comfort”, you have missed it.

Welcome to the great nation we call America! Land of the free, home of the bra… selfish.

Interesting that the person defending the government’s intrusive searches and criticizing a citizen for sticking up for herself when she believes her rights have been violated is the one trumpeting about the free and the brave.

“Touching someone’s vagina during a routine security inspection is no more rape then a gynecologist examining a vagina.”

>>> What nonsense! The doctor has your consent, the TSA does not. Consent given under duress is not consent at all.

“By flying you are agreeing to the security inspections the same as visiting a doctor.”

>>> Wrong again. Check your airline’s contract of carriage, which has the following government required language:
The airline may refuse to carry a passenger “who refuses to permit search of his/her person or property for explosives or a concealed, deadly, or dangerous weapon or article.”

>>> Note there is nothing about a security inspection the same as visiting the doctor. If there were, then I would expect a real doctor, licensed to practice in that state, would be doing the exam.

>>> Did it even occur to you that no lawful contract can require you to engage in unlawful activity, i.e. non consensual sexual contact? What is the TSA runnig here? A security checkpoint or a bawdy house?

“Flying on a plane is a privilege.”

>>> Maybe where you come from flying on a plane is a privilege, but in the USA, flying on a plane is a right.
49 US Code-Section 40103 (2) “A citizen of the United States has a public right of transit through the navigable airspace.” And btw, when I buy a ticket on an airplane, I have a right to that service, period.

“I like to think that I’m a little bit safer because of physical inspections, scatter ray devices, passport/driver license examinations, and the like.”

>>> Dream on my friend. TSA agents have been caught stealing from passengers, damaging aircraft, taking illegal drugs drugs, losing uniforms, badges, security keys, dealing in child pornography, armed robbery in uniform… the list goes on and on. Feel safer? I don’t, especially when you realize there is nothing in the TSA act to prohibit TSA employees from colluding with Terrorists.

“I take it most of you would prefer to fly on an airline that has no security.”

>>> Actually, I have flown in the US and other countries before there was this silly security. The food was better, the stewardesses prettier, and everyone dressed and acted better than today. And yes, I felt a lot safer too.

“I wish they had that airline for you so I wouldn’t have to listen to you whine any longer. I would imagine that potential terrorists would also like to fly that same airline as well. Have fun with that.”

>>> So do I. Since everyone who flies is considered a potential terrorist, the airline you propose would have lots of customers and no real problems. Imagine going to the airport without having to worry about long lines, being robbed, irradiated, molested, denied boarding because some enemy didn’t like your politics and put you on the no fly list. Sounds good to me. I remember flying like that many years ago. No problem!

>>> By the way, did it ever occur to you that terrorists might apply for jobs with the TSA? Or that the TSA, being an equal opportunity employer, would hire them? Still feel safe?

“This woman is obviously unstable.”

>>> Who are you to judge? You did not experience what she experienced, you were not there, so how would you know? Seems to me she is experiencing the symptoms common to victims of sexual abuse, and her story is the same as other women have related. And btw, the story said “stuck the side of her gloved hand INTO my vagina, through my pants. Between my labia. She really got up there. Four times.”
I doubt very much she would be complaining about a finger “brushing” her labia if that was all that happened.

“I on the other hand see her for what she is (and what most of you are), spoiled, whiny, selfish individuals who care more for your comfort than for the lives and families of those who sit next to you on a plane.”

>>> What a silly statement. Anything that happens to those who sit next to me happens to me as well. Nobody should be molested as a condition of flying, nobody. Not me, not you, not the person or family flying next to me.

>>> I see you for what you are: a wannabe dictator on a powertrip who enjoys the suffering of others, especially women, and a toady to the TSA.

>>> As for the TSA itself, they are like the flood walls at Fukushima. Unnecessary most of the time, and useless when a real threat comes along. We would be better off without them.

Tell me just how a TSA agent could possibly be defamed…?

“I do think it was at least ‘wrong’, if not illegal, to name the security agent publicly.”

Yes, how very dare a woman who was raped publicly name her attacker. Someone please bring me my smelling salts, my fainting couch, and a string of pearls to clutch.

Seriously though… you know what else is wrong and illegal? RAPE.

… says the Anonymous Coward

Seriously, you’re going to blame a victim for their reaction? You’re just as bad as the TSA agent, the TSA in general for sactioning rape (don’t kid yourself, thats whats going on), and any lawyer that would defend it. I have no respect for people like you.

Thedala Magee, you work for the TSA are by definition part of the problem. Suing someone after violating them is the kind of classy behavior I’d expect from you rent-a-cop scumbags.

If there were any justice left in this country the invasive searches without warrants would be stopped yesterday!

Who should we be more fear of when we travel –

Foreign terror or TSA?

It’s my opinion jackass. the same as you.

“I mean, the $POLITICAL_PARTY have been ass-raping this country for years, yet nobody is filing charges against them for that specific act.”

Its not rape if you enjoy it. Obviously the populace of $NATION has been enjoying it.

Wow Randazza…. NOW THAT IS A LAWYER!

TSA touches junk on a daily basis.. Just for fun…

From the amount of comments you have posted here, you are either a TSA agent yourself or a wanker

The TSA has become a threat to all Americans who fly passenger airlines. The agents of this government agency have been given extraordinary authority to insult, threaten, and actually physically violate the bodies of all passengers, men, women, and children. And the aged. They especially seem to enjoy humiliating women and children.
The TSA is a rogue agency that is almost identical to the Brown Shirts of Germany. In fact, they use many of the same physical attacks: forceful throwing to the ground elderly wheel chair bound persons. And since the man in question was less than 90 years old and only crippled, the TSA thought to be on the safe side to call for reinforcements, which they did. And then at least four big, brawny, healthy, armed and trained bullies attacted the dangerous elderly wheelchair bound man.
What in the world is wrong with this country?
A bully is a bully regardless of weather or not he wears a badge and uniform and packs a Glock automatic.
I don’t know the TSA female who violated the person of the passenger, but I do know what the meaning of is, is. Which is that the ignorant would-be gauleiter should be fired immediately. But that won’t happen because the govt is full of crave poodles who lap filth from the street in order to keep their jobs.
Henri

is Amy hot???

Magee is a rapist and sexual preditor for what she did and should be thrown in jail. Now, Magee, you going to come after me too? Bring it on!

We need to put the TSA in it’s place – which is in the bin. They deserve no respect and should be disbanded. In the future people should be ashamed to admit they ever worked for such a scumbag governmental agency.

David T. McKee.

While there are exceptions, the strong reluctance of agents of the state to charge each other with crimes is a known institutionalized problem.
http://en.wikipedia.org/wiki/Blue_Code_of_Silence

As was previously stated, people cannot file criminal charges, only a DA can. For all we know, she want to the DA and he refused to press charges.

if only to keep from opening the lawsuit floodgates

Probably true, and it’s worth noting that a court has no right to decide based on such things, they are not questions of law. If true it’s all the more reason to use self-help and avoid the courts.

For slander, the burden of proof is on the prosecution to prove that the statement is false, not the other way around.

If it’s your opinion then by definition it’s not slander.

They’ve all had a background check and can be trusted. The system works because we know that anyone who would commit a crime has committed crimes in the past 🙂

For slander, the burden of proof is on the prosecution to prove that the statement is false, not the other way around.

True, except there’s no prosecution but a plaintiff, as this would be a civil case. There is no US nor California criminal defamation statute.

I hope the defamation suit fails, but I hope you’re not suggesting that we lower the criminal standard, that’s just far too dangerous.

The plaintiff would lose, because unlike some have suggested, the plaintiff must prove that the statement is false, not the other way around. If you don’t respond at all, the plaintiff might win a default judgment but that’s different than showing up but just not presenting any evidence.

Your facts have failed. Lawyers don’t take criminal cases unless they’re representing the defense. She was either getting advise or talking to a prosecutor. If the later, there is no alternative if they tell you no.

People read her blog and believe that she thinks she was raped by the TSA.

Unproven != False

As a government official, not only will will the burden of proof be on the TSA agent, but the prosecution will have to prove “actual malice” which is rarely ever successful.

Also, as previously sited, if you decline to be searched, you cannot just leave, there is a threat of being fined or arrested if you do so.

Well, they have to prove the statements are both false and defamatory. Proving falsehood alone isn’t sufficient. You probably just didn’t phrase it the way you meant, but just in case.

Somebody should tell attorney Roberts about California’a Anti-SLAPP statute.

Seems like the congressional “special people” escape one more of the humilities of us “regular people”. They dont have to suffer the humility of medicare and social security either.

Fuck you, you anus sucking bitch

In theory. But it’s much easier to prove you have not been charged or convicted. To say that someone is per se in violation just because there have been no charges filed is silly. Obviously there is going to be a period between when a crime is committed and charges are filed, sometimes a very long time.

I’m not clear on why the victim of the search, which she categorizes as rape, didn’t just say no.

My understanding is that you can refuse the search at anytime, including during the search. Yes, obviously they are not going to let you through the checkpoint without a search, but it is an option.

The question above makes me wonder why a gynecological examination is not a rape, but a TSA search is. They both are conducted under the consent of the subject and both examinations are required to stop immediately at the request of the subject.

The victim obviously felt violated by the incident, but the legal system currently requires the persons involved in any “sexual” encounter to actually revoke consent once given.

She went to a lawyer. A lawyer is an officer of the court. Seems like a good place to seek advice. She got the advice you could expect: Don’t waste time trying to sue city hall.

BTW, lawyers charge $ 350 an hour and up to handle matters. Just how much of her money is she supposed to invest here.

One final matter: What’s more important here? Actual, admitted, videotaped molestation, under color of law, or “slander” of an employee following unlawful orders? After all, the employee could have said, “Give me anyother job. I refuse to molest other women.” instead of saying, “I was just following orders.”

A reference for the above:

http://articles.sun-sentinel.com/2010-11-20/business/sfl-airport-scans-pat-downs-refual-20101121_1_tsa-airport-checkpoint-sari-koshetz

“So now every time I grind with a woman on the dance floor at a club should I be concerned that she might accuse me of raping her?”

If she’s grindng back, then you’re probably okay. If she’s pushing you away and you grab onto her and force yourself on her, then yes, it is a problem.

> #41 : fingerbang…… wikipedia … engage in a sexual act…

First off, good post. Good facts. Thanks.

But, while I tend to agree that this is over the line and against procedure and she deserves punishment, I am slow to catagorize it as rape.

A pelvic exam by a doctor is not a sexual act despite more penetration than this TSA agent, because it is for a purpose and doesn’t gratify the penetrator. Same can be said of TSA agent.

I also am amazed by the amatureness of the letter from the TSA agent’s law firm. I could do better with no legal training.
TSA ought to hire a better one rather than risk losing a precedent-setting case.

A pelvic exam is just as sexual an act as any other sexual contact – how can it be anything else?

Because it’s a medical act, not a sexual act. Just because it involves genitals doesn’t mean it’s sexual. When the doctor checks you for a hernia, do you feel like you’ve had a sexual encounter?

If a doctor or dentist gives you a pelvic “exam” that you did not ask for, they are not going to escape professional sanction or criminal charges by saying they were a licensed physician performing a legitimate medical procedure. (Check with your state board of occupations and professions for examples). Same thing with a hernia exam. Whenever it involves the genitals it is sexual, and no amount of double-speak can change that.

The difference is consent. Check any college’s web site on what is sexual assault.

The average TSO may not want to touch you, and take no pleasure from it. The fact remains that if he or she touches someone, anyone, deliberately and wilfully, in an intimate manner, on the job or off duty, in uniform or in ordinary street wear, at a checkpoint or anywhere else, without that persons consent, it is sexual assault.

As a practical matter, however, most DA’s are not going to prosecute a TSO performing their “duty” as the TSO has the unlimited resources of the Federal Government to protect him in court. The TSA has the power to dismiss complaints without hearing. TSO’s soon learn that they are “untouchable” and begin to regard passengers who complain and resent this sort of contact as trouble-makers who will not be tolerated. Power corrupts and absolute power corrupts absolutely. Soon the TSO begins to think that there is nothing wrong in such intimate contact – he’s just like a doctor! But to the passenger, nothing has changed – except that the assailant is wearing a uniform, a badege, and is above the law.

You seem to be missing the point. Touching someone’s genitals can be done with, or without consent. If it’s done without consent, it’s sexual assault.

If a doctor gives you a hernia “exam” or “pap smear” without your consent it certainly will have serious consequences for the “doctor”.

On the other hand, if you consent to receive that “service”, and your doctor/midwife consents to render it, there is no assault, because consent is a defense against battery. Your wife has her clients’ consent; without it she cannot render services.

Even so, consent does not relieve the doctor/midwife/professional of liability for negligence, misfeasence, malfeasence, recklessness, or any other claim of misconduct, which is why ob/gyn malpractice insurance is so costly.

This is another difference between TSA and doctors. Doctors (and I presume midwives) carry professional liability insurance. TSOs do not.

I also said “If it is done without her consent you can believe it is a crime.”

Seems to me more than a few doctors and dentists have lost their licenses for doing a “pelvic exam” while the patient was under anesthesia.

Another difference with the TSA – they don’t use anesthesia.

wow is all i need to say. your rights end where mine begin is ringing a bell at the moment. so are they kind of saying we have no rights over who touches us in what way if we ride a plane?

Damned lesbian, should have just used a dildo.

Go gargle bees, dolt.

She should have stuck her finger up her a$$ just to shut her up..

Yes, they were replying to someone. You just didn’t bother reading all the comments. Also, I agree about the not haveing a V thing. Honestly, touching of balls, while still wrong, is hard to not do when searching someone. They’re just plain out there. But to go up and in? Clearly intentional, so obviously it’s going to seem your search was less thorough. Also, I’ve been doing this topic for I.S., and TSA has plenty of alternative options for policy instead of this. They choose not to look into them.

Are you serious? People in a position of power that use that power to abuse, punish, steal from, or injure innocent people should expect no privacy to commit their crimes against the people who are given no choice but to submit to them. If we lose our rights to free speech we will no longer be able to fight back against these abuses and that’s exactly why the legislators continue to suggest laws to strip us of exactly that. To protect themselves from reasonable consequences of their actions. If she doesn’t want her name in a blog accusing her of rape, she needs to stop sexually assaulting travelers and hiding behind her badge.

She named the officer because she had NO OTHER RECOURSE. Got it? Do you really think a federal officer will be prosecuted on the basis of a civilian complaint? What shoebox have you been living in since 1916? No government employee may be indicted for actions he or she THOUGHT were legal at the time.

No federal district court will entertain a civil suit against a federal law enforcement employee without evidence on the level of a bullet wound. Her ONLY course of action was to publicize her utter humiliation, in hopes that public opinion might force action at the congressional level.

What fairyland are you living in?

America is a great country for perverts. The TSA is the place for gays and lesbians to get paid for sexually molesting people. Americans have become a bunch of girly guys and dyke women.

And for those of you who don’t know,that’s the Amy who filed a complaint/suit that couldn’t be won…

This is such a case that is recommended to seek out professional legal advise with a trusted criminal attorney.