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Posts Tagged ‘over-react’

The blog is now back up and running, with it’s usual unpredictable schedule.

And to start off a new year, a new infringement on our rights. Unless you were buried in an avalanche for the last two weeks, you’ve heard about the purported “underwear bomber” (who, luckily, managed only to injured himself) on Christmas Day. This sent airlines and government agencies into a frenzy of bad judgement and over-reaction. So what’s new, you ask? Well, it’s not so much what’s new as what is on-going … namely the hacking away of our constitutionally amended rights. Including our right to privacy (specifically, the fourth amendment; the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures). In case you hadn’t guessed, I’m talking about the full-body scanners. (Yes, it’s a much-discussed topic at the moment, and I’m just going to have to throw my two cents in as well.) And in case you hadn’t guessed by now, I’m not a supporter.

Let me preface the heart of this by saying that I do not wholly oppose the full-body scanners. I support them as an option to the current metal detector screening process. I do not support them as a mandate and the only alternative to full-body pat-downs.

First of all, even the most effective scanner is only effective against those it actually scans. Full-body scanners were in use and available in the Amsterdam airport where the (alleged) bomber Umar Farouk Abdulmutallab boarded his flight for the United States. They certainly didn’t ward him off from a distance or go red alert as he walked into the terminal. He wasn’t suspected of criminal intent, and so he wasn’t scanned. It seems a person-by-person scanning process is as time-consuming as the metal detector queue (or moreso) so airports that do use the scanners do so with passengers who volunteer, or with passengers at random, or when someone rouses suspicion. Which Mr. Abdulmutallab did not.

Obviously, random screenings are hardly worth the effort; we would likely be as safe employing lie detectors. Because even at the absolute best, the penultimate of body scanning proficiency, it is no more effective than a metal detector and a full-body pat-down … because anyone can forego the scanner if they choose. So why the trouble and expense if the results are no different than the original conditions? Abdulmutallab’s “accessories” wouldn’t have been any easier to detect than when he went through screening at Amsterdam. And while I bet the TSA would gladly strike down that ability to choose between the scanners and the pat-down, I don’t believe it would pass legislature in the near future; it is not accepted widely enough for that. In fact, several European nations – including Belgium, Spain, Germany, and France – remain unimpressed with the scanners and unconvinced they are necessary.

According to the travel website Jaunted, the scanners are currently used in only 19 U.S. airports (listed at the bottom of this post), though the TSA intends to roughly quadruple the number of working scanners in 2010. Of course, that’s just in the States. Hundreds of international airports offer direct flights to U.S. soil … so getting everyone up to speed would be a multi-year, multi-billion dollar, multi-national project. That sounds quite easy. What could possibly go wrong? Oh, and did I forget to mention the fact that these scanners aren’t exactly accurate? How clumsy of me. Although the scan images are clear enough to violate child pornography laws, they show nothing under the skin, between sections of skin, or in orifices. Which means would-be terrorists still have plenty of options and the body scanners are, at best, mediocre in their results. Multi-billion dollar, multi-national mediocrities. Feel safer yet?

All that aside, there is still the fact that these scanners are designed to essentially strip-search thousands of innocent, law-abiding passengers (although that number will quickly rise to millions if the TSA has anything to say about it). Shouldn’t that fall somewhere under “unreasonable searches?” Especially considering you are more likely to be struck by lightning than injured in a terrorist attack in the United States. Quick, outlaw clouds! Jail anyone in possession of kites and keys! Strip-search the occupants of all vehicles and households for the presence of positive and or negative ions!

It’s ridiculous, and luckily not yet law. In fact, last summer the House of Representatives passed legislation limiting the use of the full-body scanners. But the Senate never took it up, and with Obama’s conference on airport security, I don’t expect those limits to stand long. However, what bothers me most is the American response. Countless authors of article comments and forum posts agree: “I’ll do anything the government wants if they say it’ll make me safer.”

Except we aren’t any safer. It doesn’t matter if there’s a full-body scanner on every street corner, it’s not improving the safety of passengers nor reducing the likelihood of a terrorist attack. Get over your sexually repressive phobias, supporters say, it’s just a quick naked peek and off you go, safe and secure, without even having to take your jacket off. But we aren’t any safer or more secure, and this isn’t about being digitally naked. This is about government officials wanting to mandate needless and ineffective infringements on personal freedoms protected by the Constitution’s Bill of Rights. It is the continued ruination of the singlemost important document protecting citizens’ rights which the government is supposed to answer to. Terrorists win because we allow them to win. It has nothing to do with the number of people they kill, or how they kill, or where or when. Merriam-Webster defines terrorism as “the systematic use of terror especially as a means of coercion.” Which basically translates to scaring people to force their choices or circumstances. Which the U.S. government is doing bloody brilliantly to its own people. What more could terrorists hope for?

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”
– Benjamin Franklin

The following airports currently use (or allow the option of) full body scanners:
(ABQ) Albuquerque International Airport
(ATL) Atlanta Hartsfield-Jackson Airport
(BWI) Baltimore-Washington International Airport
(DFW) Dallas/Ft. Worth Airport
(DEN) Denver International Airport
(DTW) Detroit Metro Wayne County Airport
(IND) Indianapolis International Airport
(JAX) Jacksonville International Airport
(LAS) Las Vegas-McCarran Airport
(LAX) Los Angeles International Airport
(MIA) Miami International Airport
(PHX) Phoenix Sky Harbor Airport
(RDU) Raleigh-Durham International Airport
(RIC) Richmond International Airport
(SLC) Salt Lake City International Airport
(SFO) San Francisco International Airport
(TPA) Tampa International Airport
(TUL) Tulsa International Airport
(DCA) Washington DC’s Reagan National Airport

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You may have heard about the plight of a small delta town called Jericho and its assistant fire chief Don Payne. It’s had a few mentions on the news networks and a couple appearances on the AP feed … and I dedicated a post to the story a couple weeks back (Holy Jericho).

For a quick re-cap of events: while in a court hearing over a traffic ticket issued to his son, Don Payne and at least one member of the Jericho Police Department got in an argument stemming from illegal traffic tickets issued to Payne and other residents of Jericho. A scuffle ensued and Payne was shot in the hip by Officer Eric Pharr of the Jericho Police Department. He was hospitalized in Memphis and underwent a five-hour surgery to remove the .40 caliber bullet which had lodged in his hip bone. He was recently released in good health but still requires the use crutches. Following the shooting, Jericho Police Chief Willie Frazier temporarily disbanded the police force and the entire department remains under investigation.

But no charges have been filed against Officer Eric Pharr, who fired on an unarmed Don Payne in front of six other police officers and presiding judge Tonya Alexander (who quickly resigned her post). The Crittenden County Sheriff’s Office, which began investigating other questionable Jericho police acts, has reported no progress in the investigation and has shared little of the information collected about the courtroom incident.

Unfortunately, a gunshot wound was only the beginning for Mr. Payne. Days after being released from the hospital, Jericho Mayor Helen Adams officially dismissed him as assistant fire chief. “As it comes to my attention of the improper behavior that you displayed,” she wrote in his letter of termination. “You have disgrace my name as Mayor.” And to top it off, arrest warrants were issued for his arrest. Let me repeat that: the police issued warrants for the arrest of Don Payne after he was shot by a police officer during court proceedings about the legality of the police department’s actions.

And Officer Pharr, who wounded another officer in the shooting, has not received so much as a reprimand. In fact, he’s back on the beat, writing tickets and patrolling the city as usual. Despite Police Chief Frazier’s promise to disband the police force until the investigation was completed, the department re-assembled after little more than a week apart and resumed their “duties.”

The decision not to prosecute Officer Pharr apparently fell to West Memphis City Prosecutor Lindsey Fairley, who supported the officers’ right to detain the former assistant fire chief. Apparently by whatever means necessary. It was also Fairley who decided to levy the charges on Don Payne. The charges – two counts of felony battery – allege that Payne assaulted Police Chief Willie Frazier by shoving him backward, and then reached for Officer Eric Pharr’s weapon. Which Payne vehemently denies. Thomas Martin, the chief investigator for the Crittenden County Sheriff’s Department heading up the on-going investigation of Jericho’s police force, confirmed not only that the warrants had been issued but that the police claimed Don Payne was reaching for Eric Pharr’s weapon when he was shot. Early reports noted that the bullet struck Don Payne from behind, which was corroborated in the wound as seen in this video (at the :30 mark). But that angle of approach would make reaching for the pistol improbable if not impossible, a particular of the case that no one in authority has yet commented on.

And although the arrest warrants have been issued, they have not been served. Jericho police are back on the streets and are clearly aware of Don Payne’s residence but have made no attempt to take him into custody. “I’m sitting right here just waiting,” Mr. Payne shared from his front porch during a short interview with one Memphis reporter. “I’m not a fugitive.”

Randy Fishman, of the Memphis law firm Ballin Ballin and Fishman, was secured as Don Payne’s legal counsel shortly after the shooting and maintains that the police were not acting in the public’s best interest. “I think an officer should be trained in not only how a weapon should be used but when a weapon should be used,” Mr. Fishman said. He reiterated that pulling a pistol on an unarmed civilian surrounded by police showed poor judgement, and that firing it was negligent at best. “If anyone should be charged with a felony here, it should start with the officer who pulled the gun.” He has also stated that they are prepared to fight any charges arising from this unfortunate circumstance.

And though he is no longer Jericho’s assistant fire chief, the rest of the Volunteer Fire Department fully support him. All 19 members quit the department en masse on hearing of Payne’s dismissal.

On September 9th, the mayor and city council had a “secret meeting” but none will speak to the press about that meeting, the incident, or even the original allegations of police corruption in Jericho. Various reporters have attempted to speak with city officials but met stiff opposition, including a police response.

With a bit of digging, I unearthed the phone number of Jericho City Hall and repeatedly rang it myself … to no avail. The same was true of the Crittenden County Sheriff’s Office. (I hate to think if I lived in the county and tried to ring their offices with an actual problem.) But I take this as a good sign. Because if they aren’t talking, it means they are concerned, and if they are concerned then – just maybe – they have something be concerned about.

I intend to follow this case and update on it when news becomes available. And in the meantime, godspeed to Mr. Payne and Mr. Fishman.

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Related articles and information:

CBS News

Memphis ABC News

KAIT 8 short and video

Original AP article

Payne’s Wife Speaks

Jonathan Turley’s Blog

Jericho City Hall Phone Number: 870-739-3884

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