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Texas: Anti TSA bill pulled after letter from DOJ

Correspondence from U.S. Attorney John E. Murphy warned of the potential consequences -- including the cancelation of flights to and from Texas -- if the anti-TSA-groping bill passes.

"I voted for it [HB 1937], and I know people have concerns ... but I get concerned when I see a letter from the Department of Justice" warning of the consequences, said Sen. Juan "Chuy" Hinojosa (D-McAllen) this evening as Senators debated the bill.

LSR reviewed a copy of that letter, adressed to Lt. Gov. David Dewhurst, Speaker Joe Straus, the House Clerk, and the Senate Secretary.

"If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute," the letter read, on U.S. Department of Justice, Western District of Texas, stationery. "Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew.

"We urge that you consider the ramifications of this bill before casting your vote," the letter concluded.

Bill author Rep. David Simpson's (R-Longview) staff said this amounts to the Department of Justice having "thrown down the gauntlet."

"Either Texas backs off and continues to let government employees fondle innocent women, children and men as a condition of travel," the staff wrote, "or the TSA [Transportation Safety Administration] has the authority tocancel flights or series of flights.

"... 97 percent of people who go though the nation's airports do not go through these offensive searches. And yet, a United States Attorney warns that flights to Texas could be shut down because TSA would not be able to ensure the safety of passengers and crew if agents could not touch genitals. Someone must make a stand against the atrocities of our government agents ..."

LSR will gladly run responses from the Lt. Gov. Dewhurst and the TSA when received. We'll have more as this develops, as well as a link to the letter.

UPDATES:

(9:32 p.m.) Senate sponsor Dan Patrick (R-Houston) pulled down HB 1937. But he didn't pull it until after some firey rhetoric about the principles of the bill, as well as allegations that TSA representatives were "lobbying" the Texas Senate today. "I will pull HB 1937 down, but I will stand for Liberty in the state of Texas," Patrick said.

(10:36 p.m.) Mike Walz, communications director for Lt. Gov. Dewhurst, confirmed that the letter is authentic and was read by Dewhurst, as well as several Senators who inquired about it this evening. Minor edits made to the story to reflect this update, and to correct some errors. Follow-up blog post in the works.

http://www.lonestarreport.org/Home/tabid/38/EntryId/1177/DOJ...
the DOJ letter

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Action Alert : Come and Take It! TSA Rally this Saturday

All Texans: Come to Capitol this Saturday to protest TSA and demand Perry add HB1937 to the Special Session Call

http://www.tagtexas.org/

A call to rally the troops....

you know what to do.
.
http://thehill.com/blogs/transportation-report/tsa/164459-te...
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The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself.
Friedrich Nietzsche

Safety of Passengers

"TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew."
I would suggest this is a key statement. A legal maxim states
"A benefit is not conferred on one who is unwilling to receive it. That is to say, no one can be compelled to accept a benefit." (Invito beneficium non datur)
So if all the passengers and air crew waive the benefit privilege of protection offered by the state (in this case not the Texas State, but a state referred to as United States of America), I see no legal bases for preventing the flight from taking off. By such action (waiving the benefit of protection) converts the flight from being "public" to "private", as there has been a transfer of responsibility away from the state into the hands of the individual.
I see it this way because up here in Canada, a Canadian Judge stated that "Public means that vast multitude which includes the ignorant, the unthinking and the credulous". When you consider that US citizens are subjects of Washington DC, and thus constitute their public, they have an inherent jurisdiction to govern and protect them. By default, one is seen as needing their protection, unless and until it is stated to the contrary (i.e. waiving the benefit privilege of protection/governance. Remember, where there is a conflict between the constitution of a nation and natural law, the courts will side with natural law. Remember the post about there being a "secret Patriot Act"? There is an interpretation other than what the masses see. And it is not the role or responsibility of either the state or the courts to educate us. Remember, ignorance of the law is no excuse, and it is ignorance of the law when we do not know our own rights (for your ref, those are both legal maxims). A sovereign is deemed to know the law. If we don't know the law (don't know our natural rights, not merely government privileges), then we are inherently in need of government oversight.
Anyway, that letter from the DOJ is huge. I would love an official copy of it. If we organize, we can privately charter flights and sidestep all this groping.

"I've met Col. Travis and Sen. Patrick you are no Col Travis"

"Come and Take it!"

Does not mean "here you can have it!"

But God bless David Simpson and God Bless Texas!!

"I've met Col. Travis and Sen. Patrick you are no Col Travis"

"Come and Take it!"

Does not mean "here you can have it!"

But God bless David Simpson and God Bless Texas!!

ARE YOU KIDDING ME ?

Tell these assholes a few flights might be canceled as the result of anti-TSA-RAPE-LEGISLATION and these pukes turn to warm butter....STOP FLYING, NO EXCUSES

Just one last kick in the nuts, then a final deathblow

"Stop flying" NOT an end in itself

Lack of passengers may be interpreted many ways by the travel industries and government, i.e. tough economic times, etc.

May I suggest that we all offer our favorite airlines and travel agents written notice of our reasons why we are no longer contracting their services, and then send our county, state, and federal government reps., a copy of those notices?

It will cause those industries to contact their Reps. and along with our written notices, send them all a clear message.

Only then will they be served with a measurable response to this egregious assault on our Liberty!

Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them. - Frederick Douglass

Those who will give up liberty for security

deserve neither. Now who protects you from your protector. So it seems if you give the federal government the power to beat terrorist it just so happens to be enough power to control states hmmmmmmm interesting.

Time to pay a visit to the DOJ.

Federal agents would learn just how quickly the public has turned on them and is prepared to treat them for the slimy criminals they are.

John Murphy, you may be right about the potential consequences. But, I guarantee I am right about the potential consequences to you and your ilk should you carry out your threat.

I really wish Texas would

I really wish Texas would call their bluff. TSA has no authority to stop flights. I also wish a lot more states would follow suit and ban the tsa. What will they do? Ban all air travel?

Formerly rprevolutionist

Our Revolution?

I think we have to understand that our enemies know they have us backed into a corner. This is the biggest govt ever created in the history of the universe. It may not be wise to start a conflict at this point. Sun Tzu said that "the winner wins the fight before he enters the battle. If we fight at this time, our cause could be crippled and forgotten in history.

At the heart of Sun Tzu’s strategic system are two ideas: 1) that strategic positions are created from a natural balance of forces and 2) that we can leverage those forces to “win without conflict.”

We can still win the war by continuing to fight and reduce the size of govt through elective and legislative means. It wont happen over night but if we keep supporting honest politicians like Ron and Rand Paul and allow our alligence to grow for a number of years, we can get to a point where we can enter into a fight that we've already won.

Yes, we are being over-ran by federal thugs, but where there is arrogance there is also weakness. We need to grow massively while reducing the size of our enemy whether it takes 5 years or 20. Then and only then can we enter a fight that is already won. This is a chess game and our enemy is already thinking multiple moves ahead at this point.

I just can't stand

looking at that terrified, fidgity weasle in the video. What coward. I could see him sweating through the grainy, low resolution video. Its unbecoming for a lonestar representative.

That's interesting. But,

That's interesting. But, also important to point out is that all rights derive from property rights. so you're right to carry a gun is unrestricted on your property. if, say, an airline chose to ban its passengers from bringing weapons on board they would be within their constitutional right to do so.

the airlines should be responsible for ensuring the safety of its passengers and crew. private defense company, or even a branch within the airline committed to enforcing this corporate decision. however, the TSA and the federal government certainly are overstepping their constitutional powers with this threat.

we don't want them to stop flights! so, lets tuck our tails to the feds and let them inhibit voluntary exchange. after all, this country sure hates the free market.

It's the "war on terrorism"

In government think "they hate us for our freedoms" means "destroy freedom and free markets."

It's easy and it takes a minimal amount of rational thinking.

Free includes debt-free!

hmm

this was supposed to be a reply to FBI Exposer. dont know how it ended up at the top :(

STAND UP TO THE FEDS, TEXAS..

draw your line in the sand! We need to confront the out of control federal government, and when the people see Texans standing up, they will join. It just takes an unflappable minority. If people really need to fly, they can drive to Louisiana. But this TSA groping should all be put on Obama!
Any Republican who would stand for the people here would be my personal hero!

Visit https://soundcloud.com/politics-of-freedom for all recent Ron Paul interviews, speeches, debates, forums, panels, press conferences, news coverage, and Texas Straight Talk updates!

"Terrorism is the war of the poor, while war is the terrorism of

Don't mess with Texas

Calling for SECESSION!!!!

This is GREAT!!!! Ron Paul

This is GREAT!!!! Ron Paul just won a whole lot of votes in Texas....THANK YOU, TSA!

Never be afraid to ask simple questions.

Ron Paul for President's picture

Paging Gov. Perry, Paging Gov. Perry,

He talks the talk of supporting the constitution but, doesn't walk the walk. And he is being picked to run according to the daytime talking heads. He is just another establishment candidate.

I wish the Texas legislature

I wish the Texas legislature would call their bluff.

Dear Texan Congress,

Abraham Lincoln dealt firmly, swiftly and murderously with dissenters to the federal program.

Then General Sherman was sent in to collect the loot.

We wish Texas all the best.

Office of the Government.

Free includes debt-free!

Remember....

Until Oct 1, 1969 when the GCA went into effect, people carried firearms aboard airplanes no questions asked, loaded or unloaded. The most the anyone said to you was the stewardess asking if you'd like to put the long rifle in the coat hanging bin at the front of the aircraft (when they had those) or overhead.

And guess what? There were no commercial hijackings in the US before Oct 1, 1969.

Hmmm....wonder why.

Because we had a 2nd amendment still in effect? Yep.

Obama Administration

The Dept of Justice is part of the Executive Branch, AKA the Obama Administration. The TSA is part of the Obama Administration. I believe Texans would be well advised to call the administration out publicly on this.

The Executive Branch is going to shut down all air travel in and out of Texas? Really? Well, make sure everybody knows where the buck stops. Some people hear these nameless, faceless departments and think they operate freely under their own "authority".

If they shut down all flights, all the better. A whole lot more than Texans will be mad. They won't be able to avoid being called accountable for their thuggery.

I agree. This is a veiled

I agree. This is a veiled threat and a probable bluff fueled by special interests. How can the executive branch legally tell each airline what to do? I think Texas should continue forward and poll The People of that state.

Veiled?

Not really. Pretty much in your face. Supposedly Dan Patrick pulled the bill he cosponsored because he knew it was not going to get the votes to pass. I wonder about that little excuse from this neocon.

Secession is the answer.

Why does it need to be legal?

LOL.

What the h*ll does the federal government do anymore that's "legal".

Even the legality of it notwithstanding, the government is so large anymore all they have to do is remove an airline from their GSA travel scheduling portal and the airline loses millions of dollars worth of business every month instantly.

The airlines know that. So when they get a "notice" from the government, they fall right in line.

I agree about why the airlines fall in line.

But that doesn't mean the Texas reps and senators need to stand down immediately. From what I've heard, this was a unanimous vote from the Texas representatives. Like I said, if Texas were to follow through with this, the Obama admin would have a heck of a lot more people and corporations to answer for shutting down flights.

i was just at the capitol for

i was just at the capitol for this.

even at the federal level, how can the agency of the tsa(not the fbi or cia etc), which states and airports can legally opt out of using, going to shut down any airport operation over which they have no recognizable authority to do anything other than be the guys contracted out by the state of texas in this case. a lot of florida airports do not even use the tsa any longer.

DOJ

Department of Justice...now supercedes the supreme court.