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Print 17 comment(s) - last by PaFromFL.. on Sep 28 at 12:28 PM

Prompt public hearing apparently means "anytime in the next two years or so" if you're an activist judge

Apparently a law requiring a "prompt" public hearing equates to "anytime you feel like in roughly the next two years" according to a U.S. Federal Appeals Court -- or at least when national security is supposedly involved.

Following a lawsuit by the Electronic Privacy Information Center (EPIC), which alleged that the U.S. Transportation Safety Agency's "nude" full-body scanners had been used and abused and were unable to detect dangerous materials as well as metal detectors or traditional search techniquesU.S. Circuit Court of Appeals for the District of Columbia Circuit found the TSA violated a federal transparency law.

The court on July 15, 2011 ordered the TSA "to act properly" and rectify its breach of the Administrative Procedures Act (APA) of 1946, which requires federal programs to hold 90-day public comment periods, complete with public hearings.  The TSA held no such hearings with regards to the court scanners, so three judge appellate panel ordered the agency [PDF] to "promptly" hold its missed 90-day public comment period.

The TSA responded by doing nothing, and when the court in a short ruling [PDF] in August reiterated its request for compliance with the law, the TSA griped that the deadline was too restrictive.

Body scanner images
The TSA has defied a court order to hold a public review its "nude" full-body scanners.
[Image Source: TSA]

Inexplicably, the federal court reversed its previous ruling, telling the TSA that it now had until March to comply in a new ruling [PDF].  That means the TSA will get roughly a 20-month window to hold a "prompt" public hearing, raising eyebrows of the court's activist interpretation of the APA, a law which clearly states that the comment period must be held before federal programs go into place.

In bending over to the TSA, the court argued that penalizing the controversial agency would hurt America's ability to respond to "ever-evolving threats".  File this as another example of America's politicians and judges arguing that the need for security outweighs the need for freedom, transparency, and democratic process.

Source: Epic



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Seedy Security Theater
By PaFromFL on 9/27/2012 8:34:07 AM , Rating: -1
All so we can continue to meddle in the affairs of foreign countries and pursue a lopsided foreign policy that encourages suffering in death in the Middle East. If we would just mind our own business, the extremists would go back to killing their neighbors and leave us alone.




RE: Seedy Security Theater
By theapparition on 9/27/2012 10:16:09 AM , Rating: 3
Just as a counterpoint, we also left Germany alone to do what they want.

Twice.

Not taking a side, just giving you a different viewpoint.


By InTheNameOfMyself on 9/27/2012 10:41:24 AM , Rating: 2
Ah, the old fashioned "Monroe Doctrine".
It just doesn't work.


RE: Seedy Security Theater
By Nutzo on 9/27/2012 11:12:04 AM , Rating: 3
Won’t make any difference, the extremist need someone to blame for their failures.
It’s easier for the corrupt leaders to control the people in these counties if you can blame their suffering of someone else.


RE: Seedy Security Theater
By tamalero on 9/27/2012 12:26:44 PM , Rating: 2
You mean, these countries your country invaded, bombed and put a dictator in the first place?

ohh snap!


RE: Seedy Security Theater
By MechanicalTechie on 9/27/2012 9:27:03 PM , Rating: 1
Interesting how you get voted down for stating the blatantly oblivious.. I can only assume that too many people are either too brainwashed to think for themselves and will accept US government propaganda or they are so out of touch with the rest of the world that it’s just too scary to contemplate.

Fact of the matter is this… the US wouldn’t be a target if it wasn't pushing such a bull$hit foreign policy. Every action has a re-action… act like a bully and get targeted as a villain.


RE: Seedy Security Theater
By PaFromFL on 9/27/2012 10:10:16 PM , Rating: 2
Thank you! Other neutral countries that are richer and more democratic than the USA don't seem to be the targets of terrorists. But who pays attention to objective evidence anymore?


RE: Seedy Security Theater
By Crazyeyeskillah on 9/28/2012 9:27:40 AM , Rating: 1
We are at war with Muslim Extremists, your viewpoint coincides with theirs, so we are at war with you, you terrorist scumbag. You'll have no quarter here with your nonsense muslim babble. please don't try to sleep with my wife and/or marry my underage daughter


RE: Seedy Security Theater
By PaFromFL on 9/28/2012 12:28:42 PM , Rating: 2
Is that you, George W.? I recognized your tone, but was expecting more typos and grammatical errors.


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