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Friday, January 27, 2012

A Letter To The Editor 1-27-12

http://papersplease.org/wp/mocek/

Why is this case important?

So far as we know, this was the first time someone in the USA was arrested or charged with a crime for attempting to exercise their right to travel by air without showing ID or answering questions about themselves or their trip, or for photography or audio or video recording at a TSA checkpoint.

Is there any law that requires you to show ID credentials to fly, or to the police?

No. In Gilmore v. Gonzales (decided at 435 F.3d 1125), a case involving the same airline, lawyers for the TSA swore to the 9th Circuit US Court of Appeals that no Federal law or regulation requires airline passengers to show any evidence of their ID in order to fly.

He was found not guilty. contrary to what we are told, we do not have to show I.D. to fly. We do not have to answer questions about our identity, to T.S.A. or police.

6 comments:

Anonymous said...

Good luck with that! You'll show them, or you won't fly.

Anonymous said...

clearly you didn't read the case in its' entirety. the 9th Circus Court of Appeals ruled that his case and all points were without merit, and dismissed his grievance against the TSA. the "order" was prima facie evidence that found he was in fact required to provide ID, it was NOT a violation of the 4the ammendment, there was still a right to redress grievance, and he was not kept from moving freely. He left both airports without boarding either plane and without being arrested.

Anonymous said...

Why show ID ...as long as your not carry any weapons or bombs why should they care who you are?? makes sense to me

Anonymous said...

Well you can still get through security, but you will be subject to a manual check, meaning you will be placed in a separate line so security can perform a more detailed screening, which could include a search of your person or your carry-ons or both. Be prepared for an extra delay.

Anonymous said...

Good luck with that! You'll show them, or you won't fly.

January 27, 2012 12:45 PM

Yes and no. Some airports will allow you to fly without I.D. if you submit to another more intense pat down. So it's still iffy to me.

Anonymous said...

More importantly, this centers around a 'secret law', constructed by then president Bush jr., that no one is allowed to see. The ninth court was only allowed to see it in regards to this case, and then only under seal.

Meaning, it for for their eyes only. Defense counsel was not allowed to see the text of this law. To this day no one is allowed to see the text of this secret law, citing national security.

I don't know about anyone else, but I am not thrilled about many laws, especially secret one.

How can we defend against such laws is we don't even know what they are? They may tell you you're breaking the law but won't tell you why, what is illegal, just that you can't do it.

Sorry, I have a huge problem with that. As did Gilmore when he brought suit against them. And note this is the first time someone in the USA was charged or arrested for exercising what they thought was their right.

To me, this is much bigger than the issue of whether you have to show id or not have to show id.