FAA Flyer stating no ID required

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Subject: Re: FAA Flyer stating no ID required
Date: Tue, 17 Mar 2009 14:56:00 -0500
From: Brad Lee Barnhill <bradbva@mindspring.com>

david wrote:

> Brad,
>
> So the guy was lying to me then? He said he had authority to
> require it and that I had basically two options:
>
> 1. Give me the information he wanted and board my plane
>
>  OR
>
> 2. Don't give him the information and don't board the plane.

He was not lying, because lying requires that one knows that which one is stating is untrue. His training has told him that he has the authority. The written law shows that he does not. So, let's just say he is acting upon incorrect information. In any event, he is liable for acting outside of his authority, and his bosses are liable for failing to teach him the extent of his authority.

> They brought an airport cop over who told me I better show him ID or I
> wasn't getting on the plane. I immediately said to him "Actually
> officer, that's not true. You have no authority to require that
> information from me as per TSA regulations." The TSA guys immediately
> assured him I was right.

See?

> The guy that screened me actually told me when he was done that he
> didn't really disagree with what I was doing and that he understood
> where I was coming from, which I thought was humorous.

After all, the agent has taken an oath to protect and defend the Constitution, and perhaps realizes that what he is doing is contrary to the written law.

> In the future, you are telling me, then--if my understanding is
> correct--that no matter what threats they make, what lies they tell,
> how red-faced mad they get...I should stick to the tried and true
> routine of:
>
> 1. Am I being detained?
>
>	a. If yes: Why am I being detained?
>	     i.) If reason given, go to #3
> 	    ii.) If no reason given, go to #2
>	b. If no: Go to #2
>
> 2. Then am I free to go?
>
>	a. If yes: give them my bags for them to check and proceed
> 	   through the checkpoint.
>
> 	b. If no: "Then you're telling me I AM being detained?"
>	     i.) If yes: go back to 1a
>	    ii.) If no: repeat #2
>
> 3. What authority allows you to detain me/ask me for that
>  	information/identify myself/etc.?
>
> My question is this though: I understand that if it goes by the books
> this works. But if they start saying "Well, we have that authority
> because the DHS says we do" etc., how do you respond? It doesn't make
> sense to go back to #1 or #2, and they just answered #3. I asked the
> guy if he could quote me the specific statute or regulation or put me
> in contact with someone who could, and he said no, but that if I
> didn't comply I would not be allowed on the plane.

If they have the authority, then they should be able to show it to you, IN WRITING. This is the where they fail. They will state that a "security directive" directs them to do this, but that because this directive is "sensitive security information", they cannot show it to you. Because they cannot show it to you, it cannot lawfully affect you. Due process requires that I know what conduct is expected of me, and I can only get this from statutes and regulations that are PUBLISHED.

This is the gist of the Federal Register Act and the federal Administrative Procedures Act. Study them. One of the best discussions of this premise WAS found at Dan Meador's lawresearch-registry.org site. Unfortunately, after Dan's death, this site went down. However, there are folks that have mirrored the site (see, e.g. HERE), but I just go to archive.org and bring it up there (see www.lawresearch-registry.org) The best research I have seen on this issue is currently mirrored at - Institutionalized Tyranny - The Character & color of Authority. Start your study there.

> The problem is of course that *I'm* the one in a rush to get my plane.
> They can stand there jerking me around for 12 hours and pick up
> overtime pay if they want. I just get exhausted and miss my flight. Is
> there some form of method to force their hand?

First, I would show up two hours early. Second, after 20 minutes, the law says that you HAVE BEEN arrested. This is a false arrest and imprisonment, unless they can show they have the authority to detain you. Because they do not, and because they cannot place the security directive on the record, you should win this type of action.

> You had mentioned something about threatening to sue them. How do you
> do that without getting yourself in trouble?

Trouble? What kind of trouble? You have the right to be free from UNREASONABLE search and seizure, under both the federal and state constitutions (the state constitution of some states, e.g. Maryland, does not contain the word "unreasonable" and is a stronger provision than the federally protected right). Also, one has the right to seek redress in a court of competent jurisdiction for redress of grievance. How can the exercise of a right get one into trouble?

If a state actor (e.g. the cop) is acting under color of state law, but no such state law exists, this is a 42 USC 1983 suit. Also, he may be in perjury of his oath of office (if one exists), and for violations of rights protected by the state constitution.

If a state actor is acting under color of federal law, he is not protected by any federal statute, because he is not a federal actor. I this case, he is subject to common law torts of false arrest, false imprisonment, and assault and perhaps battery (with a deadly weapon?).

If a federal actor is acting under color of federal authority, but no authority actually exists, then he is in violation of his oath of office, and is liable to you for violations of your federally protected rights in a Biven's type action ('Google' it up), and also for the common law torts set forth above.

So many defendants, so few recipes.


NOTICE: Brad Lee Barnhill is not affiliated with Freedom School.
NOTICE: If anything in this presentation is found to be in error a good faith effort will be made to correct it in timely fashion upon notification.
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