Mr. Brennan was (falsely) arrested by Portland city police, acting at the behest of the TSA checkpoint staff, on April 17, 2012. He was acquitted of criminal charges by a local judge, since nudity as a form of political expression has been held to be protected by Oregon’s state constitution.
But the TSA assessed a $500 administrative fine against Mr. Brennan for “interfering with screening”, notwithstanding both the Oregon court’s finding that his action was form of protected political expression and the fact that he never interfered with anyone at the TSA checkpoint. It was the TSA staff who chose not to search Mr. Brennan’s clothes after he took them off, not to complete his “screening” once they could see that he wasn’t carrying any weapons or explosives, and to shut down the entire checkpoint.
The TSA’s administrative decision to fine Mr. Brennane followed a kangaroo-court administrative hearing (held in a courtroom rented for the day from the US Bankruptcy Court), a decision by a so-called Administrative Law Judge (not actually a judge, but a DHS staff person rented from the US Coast Guard), and an administrative appeal to a TSA decision-maker designated by the head of the agency.
Throughout these administrative proceedings, the TSA and other DHS staff were forbidden to consider the Constitutionality or validity of the TSA’s regulations or actions. Only after jumping through three years of these hoops is Mr. Brennan entitled to have a real judge of a real court assess whether the TSA acted lawfully or had any authority to impose a fine for actions such as Mr. Brennan’s.
In an effort to frustrate even this belated judicial review, Congress requires that it be conducted by a Federal Circuit Court of Appeals, based on “deference” to the TSA and the TSA-supplied “administrative record” rather than an actual trial or any fact-finding by the Court of Appeals. (Our Freedom of Information Act request for the administrative record of the TSA’s proceedings with respect to Mr. Brennan is still pending and unanswered after almost two years.) But the Court of Appeals can now finally, at this stage, consider Constitutional and other objections to the legality of the TSA’s actions. …
Meanwhile we still don’t have a credible investigation of what actually happened on 9/11, who blew up the OKC federal building, what happened at the boston bombing, why the CIA is ushering terrorist operatives into the USA, why the bush administration blocked all 50 state investigations into predatory mortgage lending in the years before the housing meltdown, why we can’t audit the “fed” or its supposed gold holdings, why the CDC hypes every vaccine-like concoction the pharmaceutical industry cooks up, why it’s suppressing breakthrough research that could be used to screen susceptible children from vaccine-adjuvant-induced autism or numerous other momentous political issues in recent history.
Frankly, we don’t have a credible government as such. The only thing credible about the federal government is its increasingly threatening posture against its employers, the people of the united states.
Also see: Gulag America: The Increasing Difficulty of Leaving the USA http://thoughtcrimeradio.net/2012/10/gulag-america-the-increasing-difficulty-of-leaving-the-usa/