Good Morning, and Welcome to Government by Decree.

reported that the FAA was rolling over, and allowing the TSA, in the interest of 'national security,' to tell the FAA who can have pilot training, who can fly an aircraft, who can design an aircraft, who can work on an aircraft, who can build an aircraft, etc.

We, at first, thought (based on the preliminary look we got) that there would at least be a public comment period before the hammer came down. Even though the document has pages of information, and even a cutoff date, concerning how public reaction can be gathered, this is no NPRM -- it's the law.

Here's how this usurpation of 'government by the people' is explained:

"This action is being taken without providing the opportunity for prior notice and comment, and it provides for immediate effectiveness upon adoption. The Administrator has determined this action is necessary to prevent a possible imminent hazard to aircraft, persons, and property within the United States. The FAA, after consultation with the TSA, has determined that this action is necessary to minimize security threats and potential security vulnerabilities to the fullest extent possible. The FAA, TSA, and other federal security organizations have been concerned about the potential use of aircraft to carry out terrorist acts in the United States since September 11. The FAA now believes it is appropriate to provide expressly by rule that an individual determined by the TSA to be a security threat is ineligible for airman certification. This rule thus codifies the fundamental and inherently obvious principle that a person who poses a security threat should not hold an FAA-issued airman certificate.

"The FAA finds that notice and comment are unnecessary, impracticable, and contrary to the public interest, pursuant to section 553 of the Administrative Procedure Act (APA)..."

Note that the FAA is merely rubber-stamping the TSA's diktat. The FAA goes to great lengths to ensure that unqualified people don't get certificates, and that qualified people work hard to maintain them. The TSA, with no need to answer to anyone, can now tell the FAA that the FAA has to rescind that certificate, and the FAA will do so immediately.

We asked the FAA.

We talked briefly with Paul Takemoto, a spokesman at the FAA, who got stuck trying to explain what's going on. He explained the procedure quite clearly. [It's clearly written.] We wanted to understand, though, how the TSA could simply make the FAA irrelevant.

How, please tell us, can a person avoid being placed on that 'security threat' list?

He said, "If the TSA tells the FAA that the person poses a security threat -- you'll have to go to the TSA on what constitutes a security threat."

We did go to the TSA,

...and were told, ""This [determination that you're a security threat] comes from an intelligence database."

OK -- so, how do we know how big a threat, or how it's determined that one even is such a threat? "We don't tell people how to get on to that database," was the TSA's spokeswoman's terse reply.

So, let me get this straight -- the TSA says you're a security threat, and the FAA yanks your license. You are then unemployed, and a pariah in your former workplace, and you must defend yourself (to the TSA). The TSA won't tell you why you're a suspect; you're just supposed to convince that agency, the agency that has already tagged you, that you didn't do, plan, talk about, or think... something. Yes -- that's how it is.

The FAA doesn't have any review authority at all. As Mr. Takemoto said, "We're totally at the mercy of the agency that is responsible for aviation security. They are responsible for security; we are not."

"You have no review?" we asked, incredulously. "Correct," he said.

Recap:

The TSA maintains a secret database, containing secret information, from secret sources. If it determines that you are a 'threat to security,' it tells you (and the FAA) that it considers you a threat, and your ticket is suspended immediately. (If you're a student, your training is suspended, immediately.) You may then, without knowing any specifics about the TSA's concern, "defend" yourself, and try to convince the TSA that its original assessment is wrong. When the TSA finds that, no, it didn't make any mistake, the FAA will revoke your certificate, and you're finished.

The TSA doesn't need to prove anything, present any evidence, or even check its facts. It answers to no one. Since you don't know why they're after you, you can't refute their dark database. You're not 'innocent until proven guilty;' you're just out of luck, out of a job, and out of options. The FAA won't do anything to defend you, or even listen to you. It doesn't have any more clue than you have; it's just a rubber stamp, for our growing police state.

Constitution? What Constitution?

Due process? What due process?

America? What America?

FMI: The Constitution of the United States of America