The TSA has issued a final order assessing a $500 civil penalty (administrative fine) against John Brennan, the “Naked American Hero” who took off all his clothes at a TSA checkpoint at the Portland, Oregon airport.
The authority to make the TSA’s final decision in this weighty matter was delegated by the Administrator of the TSA to his second-in-command, Deputy Administrator Melvin Carraway. Mr. Carraway agreed with lower-level TSA staff that Mr. Brennan’s nudity “interfered” with the ability of TSA staff to “screen” him.
Only now — after a kangaroo-court administrative hearing, a decision by a so-called Administrative Law Judge (not actually a judge), and an administrative appeal to the designated TSA decision-maker — is Mr. Brennan eligible to seek his day in court.
All of the proceedings to date have been purely administrative and internal to the TSA’s decision-making process. TSA staff are not — at least according to TSA administrative rules — allowed to consider, in carrying out these administrative decision-making functions, whether the TSA rules and procedures they have been hired to carry out are unconstitutional or otherwise illegal.
In an effort to frustrate judicial review of TSA actions, Congress requires the victims of TSA orders to exhaust administrative remedies, as Mr. Brennan has now done, before they are eligible to seek review of the TSA’s final orders by judges who are allowed to consider the Constitutionality of the TSA’s actions.
Mr. Brennan has 60 days from the date of the TSA’s final order, September 19, 2014 (i.e. until November 18, 2014) to file a petition for review of the TSA’s decision in either, at Mr. Brennan’s choice, the 9th Circuit Court of Appeals or the District of Columbia Circuit Court of Appeals.
We’ve received no response to our May 2013 FOIA request for the TSA’s records of its administrative actions and proceedings against Mr. Brennan. The most recent estimate provided by the TSA was that they didn’t expect to provide any response until February 2015.
Contributions toward Mr. Brennan’s legal expenses, or offers of pro bono legal assistance, can be made directly to Mr. Brennan at NakedAmericanHero.com.