Look out, TSA: John Brennan is back

JohnBrennanHero
John Brennan is back, and badder than ever. 

Protester/hero John Brennan, about whom we’ve written so many times, is once again planning to appeal the absurd, we’ll-punish-you-come-hell-or-high-water fine imposed on him by the TSA.

Article at Techdirt. Some excerpts via Lowering the Bar:

[The TSA] fined him $1,000 for doing this, claiming he had “interfered” with screening operations when he took off all his clothes. As I discussed here, and then again here, that’s the same bullshit argument police use when they arrest people for filming them—we had to come over there and stop you from doing something you’re constitutionally entitled to do, and so you “interfered” with us. But that logic makes perfect sense to the TSA, and in particular to the administrative-law judge (a TSA employee) who upheld the penalty (reduced to $500) in April. Brennan appealed.

Because this is an agency proceeding, the initial appeal is still within the agency, in this case to the deputy administrator. And as I mentioned above, because I didn’t want you to be on pins and needles wondering what happened, he affirmed the ruling. The final order (PDF via PapersPlease.org) is again based entirely on the “no, you interfered with us” argument (about which I feel as described above). This also has the benefit (for the TSA) of making the law irrelevant. In fact, the deputy administrator says in his opinion, “I agree with TSA”—of which he is the deputy administrator—”that Respondent’s arguments regarding the legality of the nudity are not relevant.” Well, that’s handy.

And John Brennan has responded in the comments section:

47. John Brennan, Oct 3rd, 2014 @ 11:40pm9th Circuit Court is Next
This is John Brennan, the TSA protestor. Lively discussion here on techdirt.There is a difference between the criminal charges (of which I was acquitted) and the on-going civil case. However, the two are related in the eyes of the law, just not in the eyes of the TSA, who are unaccountable and self-absorbed.

As Kevin at Lowering the Bar notes, whatever the TSAs rules are, above all, they can not be unconstitutional. TSA (and DHS) has operating with impunity.

I plan to appeal this administrative decision to the US Federal Court, likely the 9th Circuit Court. It’s in this court that, after two and a half years of administrivia, the connection between TSA and the US Constitution can be examined. Of course, I hope to prevail.

I *do* need to get a lawyer. I’m talking to a couple of sources right now. And I do need to raise money for legal expenses. That will be kicking off soon. To get more information, go to http://www.nakedamericanhero.com, which will redirect you to my facebook fan page. 
You can also follow me on Twitter or Tumblr.
Support John Brennan. Not only is he deserving, he actually lost his job over this whole pile of crap they’ve made him wade through. The TSA — destroying lives and careers wherever it goes.