TSA Insists That There's Been No Delay In Public Hearings Over Nudie Scanners; It Just Hasn't Held Them
from the got-that dept
A few weeks back, we noted that a court had ordered the TSA to explain why it had failed to obey the court’s earlier order that, while the nudie scanners being used in airports were legal, the TSA was required to hold public hearings on the purchase and use of the machines. Yet no such hearings have happened. The TSA has now responded and essentially said that since there’s no deadline on when the court told them to hold a hearing, there’s no problem. Basically “we can hold a hearing whenever we get around to it.”
It also blames the fact that there had been “significant personnel losses” in the group of folks responsible for obeying the order, but insisted that everyone else in that group was really (really!) focused on obeying the order, and they’d get around to it at some point. Really. They promise.
Petitioner offers no basis whatsoever for its assertion that TSA has delayed in implementing this Court’s mandate. On the contrary, as the Sammon Declaration demonstrates, TSA has been keenly aware of the importance of implementing the Court’s directive, and has given high priority to the AIT rulemaking. Despite “significant personnel losses” in the group of economists within TSA charged with completing the regulatory analysis… the agency began on the heels of the Court’s ruling the process of preparing the documents necessary for notice-andcomment rulemaking, and has devoted almost all of the staff available to conduct the required economic analysis to its expedited completion, even going so far as to hire contract consultants to accelerate its completion despite unforeseen personnel losses
Later, it claims:
In sum, there has been no “waiting” and no “delay.”
Other than the fact that we’re still waiting, you mean?