Jesse Ventura Takes On TSA

While trying to sell his wasteful, high-speed rail initiative during his State of the Union address last Tuesday evening, President Barack Obama joked that “it will be faster than flying – without the pat-down.”

Showing how superficial and out of touch they are, President Obama and members of Congress laughed at the line. Forgive me, Mr. President, if I do not follow suit; violations of the Constitution are not a laughing matter.

For the last year, the Transportation Security Administration has been engaging in a war on the civil liberties of Americans; forcing us to submit to intrusive pat-downs and full-body scans, in order to do nothing more than travel on vacation or head out of town on a business trip.

At least some people are fighting back.

Stemming from an incident at Minneapolis-St. Paul International Airport in November, former Minnesota Governor Jesse Ventura is suing the Department of Homeland Security, the TSA’s parent agency, for infringing on his personal rights by subjecting him to an invasive manual pat-down.

Unable to go through a metal detector due to titanium implant from hip replacement surgery, Ventura claims in his lawsuit he had been in the past subjected to a magnetic-wand inspection. However, this time he was forced to go through a pat-down, in which he was subjected to “warrantless, non-suspicion-based offensive touching, gripping and rubbing of the genital and other sensitive areas of his body.” His lawyer, David Olsen of Minneapolis, says the wrestler-turned-politician believes, “someone needs to make a stand and he’s not one to back down from a fight.”

The TSA claims these invasive methods are absolutely necessary to keep us safe – a questionable assertion at best; and one that, even if true, does not provide an appropriate basis on which to violate the Fourth Amendment’s clear prohibition on such searches if carried out in the absence of reasonable suspicion. Moreover, such measures are desensitizing us to government intrusions; making us more willing to permit violations of our personal rights and liberties to go unchallenged.

Rather than making its procedures more reasonable, the TSA is digging in its heels, and even limiting the options available to airports to choose private security firms over the controversial government-run agency.

The Obama Administration has made clear its intent to push these tactics down our throats. Thankfully, there are people like Jesse Ventura and the Opt-Outers, who have been pushing back against those making jokes out of basic constitutional protections. Ventura in the long run may not win his lawsuit, but at least he’ll go down swinging; and perhaps embolden others as a result.

- by Bob Barr, The Barr Code

77 comments Add your comment

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PinkoNeoConLibertarian

February 4th, 2011
7:18 am

Other than the usual blame game of putting the onus on the current administration, when all with a glimmer of memory recall that it didn’t start there, well said.

Al Gore/Kilgore

February 4th, 2011
8:00 am

Jesse Ventura just can’t resist a grudge match shout down. If he remembered his pro-wrestling techniques, he’d have remembered that the airport security guards were using legal moves: the Leg Sweep and the Cactus Clothesline.

It’s not like they were using the Asian Mist move or the Fireball. I mean, come on.

Jesse Ventura still thinks Osama Bin Laden (and OJ) is innocent.

carlosgvv

February 4th, 2011
8:25 am

No one likes to be forced to undergo an invasive pat-down. However, most of us doen’t want to be blown to bits by a bomb either. Until a better way is found to keep us safe, man up and stop whinning.

q1

February 4th, 2011
8:33 am

I do not think that there is any question at all, it is a violation of our 4th amendment rights. However, it is in the interests of safety. The real issue here is, where do the violators of our 4th amendment rights go from airport patdowns? Will the next place be before getting on the bus, at the school or hospital, Unchecked violations of the 4th amendment is very serious, one step away from a police state. The 4th amendment deserves to be at the very pinnacle of citizen rights. How quickly the human condition deteriorates when subjected to unheralded search and seizure at any hour of day or night. The citizens really should step up and say “enough is enough”.

Sharon

February 4th, 2011
8:59 am

Blown to bits by a bomb? Is that what you think? Carlosgvv, you need to man up and open a book. “There are greater threats which include include automobile crashes (40,000 deaths per year), heart disease (616,067 deaths in 2009), and cancer (562,875 deaths in 2009). Terrorist attacks, on the other hand, are twenty times rarer than deaths by lightning strikes. If policymakers were rational, they would give twenty times more attention to lightning strike prevention than to terrorism. But they aren’t, and they don’t. That means the TSA’s $8.1 billion budget, by using up resources that would save more lives elsewhere, will continue to cost more lives than it saves for the foreseeable future.”
If sexual battery on me – someone who use to fly every week for 5 years makes you “feel” safe you need professional help. Go find a communist country to live in. I should be living in a free country where one needs a warrant, and probable cause to intimately touch my genitals just because I bought an airline ticket. It is disgusting. I hope that Jesse wins this case. I went to Washington DC for EPIC’s conference on the scanners and hope they win their case as well. Here are some great links….hey – I am sorry I came off rude, it is just that I refuse to have the governments hand on me like that when there is no reason. You can stay here in American…just at least read these-
http://www.c-spanvideo.org/program/SecurityProce
http://www.schneier.com/blog/archives/2009/11/beyond_security.html
http://online.wsj.com/article/SB10001424052748704541004575010962154452900.html
That last guy – Edward Luttwak – great guy, heard him speak and really knowledge about airport security around the world.

newspaper

February 4th, 2011
9:21 am

carlosgvv
I know we can stop virtually all crime by constantly searching and seizing contraband from the citizens. Everyone has something to hide so you won’t mind if we come in to your home, check out your drawers, files and, of course, your computer hard drive. Only someone of questionable character would object.
By the way, since the TSA was foisted upon the US citizenry there have been ZERO plots foiled. The ones that were exposed were either due to the terrorists’ bungling or found through non-TSA citizens. It costs the US billions of dollars and millions of hours to put up with a system that is not only illegal but ineffective as well.

OJ

February 4th, 2011
9:24 am

Carlosgvv Why don’t you tell your grandmother to…as you say… “man up” when the TSA does a genital search on her. She probably looks like a real terrorist bomber. I bet when they do a serach on your genetalia they find nothing.

Eric

February 4th, 2011
9:36 am

Fortunately, I was able to change my job to where I don’t have to fly anymore and put up with all that. I feel sorry for those that due have to endure pat downs, etc. If I thought the line would be drawn at airports, I’d say maybe it’s justified at times. But I think Mr. Barr is right–there’d be no end to how far this could go.

GA voter

February 4th, 2011
9:54 am

Of course, you have to consider this comes from a guy whose current job is a show call “Conspiracy Theory” – the ultimate pananoia fantasy show.

Bob

February 4th, 2011
10:20 am

Pinko, yes, the pat downs did start with Obo and Janet, you lie !

Bob

February 4th, 2011
10:24 am

Carlos, The last potential attack was a bomb placed in a car parked in times square. It would be nice to be able to get in my car without having my genitals rubbed by a gov employee, but as soon as a car bomb goes off, everyone will complain.

Bob

February 4th, 2011
10:28 am

GA Voter, so the patdowns are your fantasy ? I think they are real since gov tells us they are, and for our own good at that. Notice how gov treated the pilot that showed how pathetic security was ?
Grope the pilot that can crash the plane without a weapon but let the ground crew place anything on a plane that they want to.

John

February 4th, 2011
10:32 am

“does not provide an appropriate basis on which to violate the Fourth Amendment’s clear prohibition on such searches if carried out in the absence of reasonable suspicion.”

Where in the 4th amendment does it mention anything about suspicion?

Here is the text of the 4th amendment…”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”

It is unreasonable to do pat downs when planes have been hijacked before and attempts have been made to blow some up?

LA

February 4th, 2011
10:35 am

The last time Ventura tried to take on something he got a laser blast to his upper body.

Predator

LA

February 4th, 2011
10:36 am

“Jesse Ventura still thinks Osama Bin Laden (and OJ) is innocent.’

Yeah, but so do a lot of people on the left.

LA

February 4th, 2011
10:37 am

“Until a better way is found to keep us safe, man up and stop whinning.”

There is a better way. It’s called profiling and Israel does it best. What they do is profile Muslims. Works every time.

LA

February 4th, 2011
10:38 am

“Terrorist attacks, on the other hand, are twenty times rarer than deaths by lightning strikes.”

You’ve obviously never been to the Middle East.

LA

February 4th, 2011
10:40 am

“Other than the usual blame game of putting the onus on the current administration, when all with a glimmer of memory recall that it didn’t start there, well said.’

No, it didn’t start with Obama. It ACCELERATED under his administration. Then again, the left still believes that Obama isn’t continuing with the two wars and that Gitmo is closed down even though it isn’t.

Ima Pol Crook

February 4th, 2011
10:50 am

Ima Pol Crook

February 4th, 2011
10:53 am

Hey Bob,how are we going to protect ourselves from the murdering,corrup,t slimeball Baby Doc now that he is back on our side of the world ????

mpercy

February 4th, 2011
11:01 am

We saw in Moscow that the terrorists can do as much if not more damage by setting of a bomb in the terminal a lot more easily than dicking around with trying to defeat security (such as it is). Imagine if a group of 5-10 terrorists, willing to die for their cause, bought tickets from ATL to a number of different destinations departing at more-or-less the same time. They load up carry-on bags with explosives, come to the airport, stop at the kiosk to get their boarding pass for their e-ticket, roll up to security, show their driver’s license and boarding pass to the nice lady sitting on the stool. They have coordinated this so that the all reach the x-ray machines and pat-down area at the same time, each goes to a different lane. It being Christmas, lots of people are right there packing the area, and BAM! All the bombs (and they could be devastating, you can pack 100 pounds of C4 into a rolling carry-on bag go off at once.

How many would be killed? How much damage to the airport? How long would that impact air-travel? What could possibly be done to prevent it? Build a pre-security checkpoint security checkpoint?

The TSA excels at “security theater” (look it up).

carlosgvv

February 4th, 2011
11:19 am

Sharon, newspaper, OJ, Bob, LA

If an airliner crashed because of a terrorist bomb and one or more of your loved ones were killed, you would be the first to call for more security. If someone came up to you at their funerals and said “I still think the TSA is a waste of time”, you would just stare at them in dumb fury.

jj

February 4th, 2011
11:19 am

As a couple of million mile traveler and having a steel rod in my leg, I get felt up on a regular basis. One thing that is not debatable is the TSA admits they have not caught one single terrorist in their ten years of existence. How many billions has this agency cost us?
The guy who gave my pat down in NY this week was so fat he could not bend down to check around my pants cuff, yes I feel so much safer.

David

February 4th, 2011
11:27 am

I think the real problem here is that so few American’s travel by plane. Sure you might go, or have gone on a family vacation that required a flight in the past 10 years, but the system is changing and not for the better. The TSA and what they are doing DO NOT make us any safer. Call it Security Kaboki Theater. It’s designed to make someone feel better but doesn’t really do a good job at it. A better model is Isreal. They don’t have the same type of mob pat down everyone is a suspect simply because you want to fly on a plane. Instead they profile. Sorry not a bad word here. They profile by playing attention to body langue, visual clues, etc. The person who is looking at your ticket is asking you questions, how was your trip? How long have you been in the country. Simple conversation, as you move farther into the process if you set off red flags that deem you as a potential security threat you are taken aside and questioned. Much better system than Grandma and baby suzy are suspects simply becuase they want to fly on a plane.

Real Athens

February 4th, 2011
11:41 am

Bob,

Sigh. The body can pass through any metal detector with a titanium hip replacement. And you know what? It would not set it off. Titanium is a non-ferrous metal. It will not set off a metal detector.

The truth is, if he has any other metal in his body that will set it off.

Tosh.No

February 4th, 2011
12:35 pm

Real Athens.

Wrong.

http://orthopedics.about.com/od/hipkneereplacement/f/metaldetectors.htm

Maybe try google before you say things. It will help you avoid acting like a know it all who is completely wrong.

Sign indeed.

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new hipster

February 4th, 2011
12:39 pm

Real Athens, you are incorrect about your statement regarding titanium and non ferrous metals. I to have hip replacements and they set off every metal decector around, airport, courthouse etc…
If your thinking was correct a carbon fiber gun with a titanium barrel would pass undetected

LA

February 4th, 2011
12:49 pm

“If an airliner crashed because of a terrorist bomb and one or more of your loved ones were killed, you would be the first to call for more security.’

Nope, I would call for Muslims to rounded up and deported back to the Middle East.

mike D

February 4th, 2011
1:23 pm

Take the stick out of your ars bob, it was a joke. If you don’t want to be subjected to a pat down then you can drive. its your decision to fly or not fly, so if you don’t want a happy ending then by all means jump in your RV.

Joe the Plutocrat

February 4th, 2011
1:42 pm

where do I begin? the TSA mission of ensuring a “safe transportation” systems is about as likely to be acheived as it’s bureacratic parent the DHS is likely to “secure” our “homeland”. as has been noted over and over again, this nonsense is cheap “national security” theatre, and nothing more. I would not go so far as to say the federal government has “declared war” on civil rights, but only because we have no rights. if rights can be altered, modified or ignored; what is the value of any right? that said, I think Jesse Ventura (a former governor and Navy SEAL) is not a terrorist. he may be a subversive, ‘conspiracy theorist’ but giving him the “once over” is, as I said, a pathetic, excercise in DHS masturbation.

killerj

February 4th, 2011
1:44 pm

What happen,s when they are looking for money,it,s like a choke hold and it,s getting tighter and tighter and tighter,implements they are the authority to all instead of serving. Go Tea Party.

mpercy

February 4th, 2011
2:00 pm

Real Athens @11:41 a The body can pass through any metal detector with a titanium hip replacement. And you know what? It would not set it off. Titanium is a non-ferrous metal. It will not set off a metal detector.

Pocket change is non-ferrous too. Guess what? It sets off the metal detectors.

This paper is from 1997, technology has improved a bit since then…

DETECTION OF ORTHOPAEDIC IMPLANTS BY AIRPORT
METAL DETECTORS
P. BASU, G. J. PACKER, J. HIMSTEDT
From Southend Hospital, Westcliff-on-Sea, England
We have assessed the effect of a variety of implants
commonly used in fracture fixation and joint
replacement on the activation of metal detectors at
airport security gates. A volunteer with metal implants
strapped on and patients with implants in situ walked
through the device. Implants used in fixation do not
activate it, except for Richards cannulated screws. An
Austin-Moore prosthesis does set off the detector, but a
single joint replacement does not. Three or four joint
replacements activate the alarm and patients with these
implants should be warned of this possibility.

According to the manufacturer, the sensitivity of the
detector varies and is represented on a scale of 1 to 15; an
average airport detector is set at 5. In those parts of the
world where security is considered to be at a higher risk the
detector is set at 7. At a setting of 10 the detectors are
activated by minute metal objects such as rings and coins
and are of little use for airport security. We tested implants
at settings of both 5 and 7. All the tests were repeated.
RESULTS
When the implants were strapped to a volunteer, none of
those used for fracture fixation activated the alarm at
setting 5, nor did a single or two joint replacements. An
Austin-Moore prosthesis, and a total of three or four joint
replacement prostheses, did set it off. When 16 patients
with metal implants were tested, none of the devices listed,
either individually or in combination, activated the alarm at
a setting of 5. Both patients with three Richards cannulated
screws set off the machine at a setting of 7. All the other
patients, including one with a dynamic compression screw,
one 4.5 mm dynamic compression plate and an unreamed
femoral nail, failed to activate the alarm at either setting.
Prostheses used in hemiarthroplasty or joint replacement

seabeau

February 4th, 2011
2:06 pm

What I object to is TSA Funding in general. Why is the non-flying public paying for those who do fly. Let the flyers pay!! And be patted down or whatever.

TruthBe

February 4th, 2011
2:18 pm

De-fund the Homeland Security and TSA at once. Both of these Agencies are too far to the left for OUR safety.

luangtom

February 4th, 2011
2:18 pm

Let’s ask all of the advocates of intrusion just how many terrorists and bombs have been found since the implementation of the pat-downs and gropes. Well, how many? Then, let’s ask TSA and Homeland Security how many bomb-sniffing dogs have found at airports. How many? Would it not be more prudent and effective to have a handler and a dog walking the check-in lines and corridors than to have extra gropers at the gates? A dog would have found the shoe-bomber, the under-wear bomber and others. We have these resources already on-staff and yet no one implementing them versus purchasing more machines that someone’s friend of relative is peddling at inflated prices.

carlosgvv

February 4th, 2011
2:54 pm

LA

And they would actually be rounded up, right?

William

February 4th, 2011
3:02 pm

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
–BENJAMIN FRANKLIN, Pennsylvania Assembly: Reply to the Governor, November 11, 1755.-The Papers of Benjamin Franklin, ed. Leonard W. Labaree, vol. 6, p. 242 (1963).

OJ

February 4th, 2011
3:13 pm

Carlosgvv

If a plane went down becuase of a terrorist bomb and one of my loved ones was on that plane, I would be the first to call for the arrest of your grandmother. Certainly she would have been the bomb smuggling culprit that slipped through security while the crack TSA team was searching for your balls.

Yackety

February 4th, 2011
3:20 pm

Oh, here we go again. Barr: “The TSA claims these invasive methods are absolutely necessary to keep us safe – a questionable assertion at best; and one that, even if true, does not provide an appropriate basis on which to violate the Fourth Amendment’s clear prohibition on such searches if carried out in the absence of reasonable suspicion.”

Think about it this way. We have rules that say you can’t drive your car unless you have insurance. The insurance isn’t to protect you, it is to protect the person you hit. Seems perfectly okay for there to be a rule that you can’t fly in an airplane unless you submit to a search. The search does not protect the person being searched, it protects everyone else. I don’t find the search any more intrusive of my rights than having to buy insurance.

Every once in a while, I take a trip on an airplane. So do my children, my siblings, my cousins, my friends. I want them safe. If that means you and I both have to submit to a search to keep those I love safe, then I am all for it. Get over it and get in line.

Hillbilly Deluxe

February 4th, 2011
3:22 pm

Jesse “The Body” Ventura jumped the shark along time ago. Bobby “The Brain” Heenan and others had not so complimentary things to say about him from his rasslin’ days, too.

carlosgvv

February 4th, 2011
3:23 pm

I’m glad you use a double-digit name (OJ) since your IQ obviously is also double-digit.

LA

February 4th, 2011
3:24 pm

“And they would actually be rounded up, right?”

Si

LA

February 4th, 2011
3:25 pm

“I’m glad you use a double-digit name (OJ) since your IQ obviously is also double-digit.”

OJ schooled you, carlos. Mocking someone’s IQ because they schooled you is hilarious since you aren’t clever enough to come up with a funnier rebuttal.

John

February 4th, 2011
3:45 pm

“The TSA claims these invasive methods are absolutely necessary to keep us safe – a questionable assertion at best; and one that, even if true, does not provide an appropriate basis on which to violate the Fourth Amendment’s clear prohibition on such searches if carried out in the absence of reasonable suspicion.”

Can someone show me where in the Fourth Amendment does it mention anything about reasonable suspicion. The Fourth Amendment states…”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Is it unreasonable to do pat downs after attempts have been made to blow up planes? Is the use of metal detectors, which we’ve been using for years, unreasonable?

OJ

February 4th, 2011
3:53 pm

OJ schooled you, carlos. Mocking someone’s IQ because they schooled you is hilarious since you aren’t clever enough to come up with a funnier rebuttal.

WHAT HE SAID!!!

OJ

February 4th, 2011
3:54 pm

“And they would actually be rounded up, right?”

Every last one of ‘em!!! Right on!

Al Gore/Kilgore

February 4th, 2011
3:55 pm

Bob Barr didn’t mention Chicken little.

It’s a good day.

OBAMA NEEDS TO BE IMPEACHED NOW!

February 4th, 2011
7:38 pm