Difference between revisions of "Robert MacLean"
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{{cquote|<blockquote>I also want to reiterate my '''extreme concern''' with the Transportation Security Administration (TSA) proposal, in the face of these serious threats, to cut the number of air marshals by canceling critical flight missions because those missions would have required air marshals to spend the night at a hotel.<ref>{{cite web | title= Senator Clinton Reiterates Call on TSA to Justify Security Cuts at Nation’s Airports | url=http://pogoarchives.org/m/hsp/clinton-press-release-20030730.pdf | date=2003-07-30 | work=[http://www.senate.gov/ Official Site of the U.S. Senate] | accessdate=2007-06-03}}</ref></blockquote>}} | {{cquote|<blockquote>I also want to reiterate my '''extreme concern''' with the Transportation Security Administration (TSA) proposal, in the face of these serious threats, to cut the number of air marshals by canceling critical flight missions because those missions would have required air marshals to spend the night at a hotel.<ref>{{cite web | title= Senator Clinton Reiterates Call on TSA to Justify Security Cuts at Nation’s Airports | url=http://pogoarchives.org/m/hsp/clinton-press-release-20030730.pdf | date=2003-07-30 | work=[http://www.senate.gov/ Official Site of the U.S. Senate] | accessdate=2007-06-03}}</ref></blockquote>}} | ||
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| + | Congressman Hal Rogers (Republican) of Kentucky told Fox News: | ||
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| + | {{cquote|<blockquote>The Federal Air Marshal program is absolutely critical to fighting terrorism and keeping the flying public safe. Given new warnings from DHS about possible hijacking attempts, it is foolish to even consider cutting back the number of air marshals on commercial flights.<ref>{{cite news | title= DHS: No Plan to Cut Number of Air Marshals | url=http://www.foxnews.com/story/0,2933,93311,00.html | date=2003-07-30 | work=[http://www.foxnews.com/ ''Fox News''] | accessdate=2011-09-04}}</ref></blockquote>}} | ||
U.S. Senator [[Barbara Boxer]] from California wrote this provision into ATSA.<ref>{{cite web | title= Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2004-03-09 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official senatorial biography | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2008-11-16 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://boxer.senate.gov/en/senator/biography.cfm <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official campaign biography | url=http://www.barbaraboxer.com/about/ | date=2008-11-16 | work=[http://www.barbaraboxer.com/ ''Official Campaign Website for Barbara Boxer''] | accessdate=2008-11-16}}</ref> Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.<ref>{{cite web | title= Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill | url=http://boxer.senate.gov/news/releases/record.cfm?id=226143 | date=2004-09-14 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://web.archive.org/web/20080731050031/http://boxer.senate.gov/news/releases/record.cfm?id=226143 <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref> | U.S. Senator [[Barbara Boxer]] from California wrote this provision into ATSA.<ref>{{cite web | title= Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2004-03-09 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official senatorial biography | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2008-11-16 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://boxer.senate.gov/en/senator/biography.cfm <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official campaign biography | url=http://www.barbaraboxer.com/about/ | date=2008-11-16 | work=[http://www.barbaraboxer.com/ ''Official Campaign Website for Barbara Boxer''] | accessdate=2008-11-16}}</ref> Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.<ref>{{cite web | title= Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill | url=http://boxer.senate.gov/news/releases/record.cfm?id=226143 | date=2004-09-14 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://web.archive.org/web/20080731050031/http://boxer.senate.gov/news/releases/record.cfm?id=226143 <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref> | ||
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{{cquote|<blockquote>"As reports of potential terrorist attacks on commercial airliners surface, homeland security officials should be strengthening the air marshal program, not weakening it. We cannot afford to cut corners when it comes to protecting the safety of Americans. At a time of heightened alert, the thought of curbing the air marshal program to save costs on overnight hotel stays is absurd. Your statement today that 'every air marshal is being deployed' does not answer the question of whether air marshals are being removed from flights that would result in overnight hotel stays. We note that such flights would typically be cross-country routes, like those hijacked on September 11.<ref>{{cite news | title= Langevin to Ridge: Removing Federal Air Marshals at a Time of Heightened Threat Defies Reason | url=http://langevin.house.gov/news/press-releases/2003/07/pr071803marshals.shtml | date=2003-07-31 | work=[http://langevin.house.gov ''Official Congressional website of Honorable Jim Langevin''] | accessdate=2011-09-06}}</ref></blockquote>}} | {{cquote|<blockquote>"As reports of potential terrorist attacks on commercial airliners surface, homeland security officials should be strengthening the air marshal program, not weakening it. We cannot afford to cut corners when it comes to protecting the safety of Americans. At a time of heightened alert, the thought of curbing the air marshal program to save costs on overnight hotel stays is absurd. Your statement today that 'every air marshal is being deployed' does not answer the question of whether air marshals are being removed from flights that would result in overnight hotel stays. We note that such flights would typically be cross-country routes, like those hijacked on September 11.<ref>{{cite news | title= Langevin to Ridge: Removing Federal Air Marshals at a Time of Heightened Threat Defies Reason | url=http://langevin.house.gov/news/press-releases/2003/07/pr071803marshals.shtml | date=2003-07-31 | work=[http://langevin.house.gov ''Official Congressional website of Honorable Jim Langevin''] | accessdate=2011-09-06}}</ref></blockquote>}} | ||
| − | + | U.S. Senator Ernest Hollings of South Carolina: | |
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| + | {{cquote|<blockquote>The word came categorically down from the White House they've got a scheme and a plan on course, 'Let's cut the taxes, cut the taxes, cut the taxes,' and then to sort of make it look legitimate, cut all spending.<ref>{{cite news | title= Uproar Over Air Marshal Cuts | url=http://www.cbsnews.com/stories/2003/07/31/terror/main566052.shtml?source=search_story | date=2003-07-31 | work=[http://www.cbsnews.com/ CBS News] | accessdate=2008-08-01}}</ref></blockquote>}} | ||
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| + | ==Favorable news article into the Congressional Record== | ||
| + | From the House floor, U.S. Congressmen Ken Calvert introduced a favorable news article into the Congressional Record: | ||
| + | {{cquote|<blockquote>Friday, July 10, 2009 | ||
| − | + | :Did fired OC Air Marshal endanger flying public or protect it? | |
| + | :Hon. Ken Calvert of California in the House of Representatives | ||
| + | :Friday, July 10, 2009 | ||
| − | U.S. | + | :Mr. Calvert: |
| + | ::"Madam Speaker, I rise today to discuss the'' [Orange County Register] ''article titled 'Did Fired OC Air Marshal Endanger Flying Public, or Protect It?'"<ref>{{cite web | title= Did O.C. air marshal endanger public, or protect it? | url=http://www.ocregister.com/articles/maclean-69628-air-federal.html | date=2009-05-15 | work=[http://www.ocregister.com/ Orange County Register ] | accessdate=2009-05-30}}</ref>'' The article was posted online on May 8, 2009 and I believe my colleagues in Congress will benefit from the article and the topic of whistleblower protection.''<ref>{{cite web | title= Congressional Record: "Did Fired OC Air Marshal Endanger Flying Public, or Protect It?" | url=http://www.gpo.gov/fdsys/pkg/CREC-2009-07-10/pdf/CREC-2009-07-10-pt1-PgE1721.pdf | date=2009-07-10 | work=[http://www.gpo.gov/ ''U.S. House of Representatives Congressional Record''] | accessdate=2010-09-25}}</ref></blockquote>}} | ||
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==White House Reaction== | ==White House Reaction== | ||
Revision as of 00:47, September 11, 2011
On August 25, 2011, the United States Office of Special Counsel ( OSC ) filed a motion declaring former TSA Federal Air Marshal Robert MacLean a whistleblower.[1]
U.S. Office of Special Counsel intervenes in support of Robert MacLean
In her August 25, 2011 motion, U.S. Special Counsel Carolyn Lerner of the United States Office of Special Counsel (MSPB) filed an amicus curiae with the United States Merit Systems Protection Board in support of Robert MacLean. It requested that the MSPB reverse its June 22, 2009[2] and July 25, 2011[3] decisions.
U.S. Special Counsel Lerner wrote:
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After four years of active duty, Robert MacLean (born on March 8, 1970, in Torrejon Air Base, Madrid, Spain) elected not to reenlist and was honorably discharged from the U.S. Air Force. MacLean then entered the U.S. Border Patrol and served almost six years until he transferred to the U.S. Transportation Security Administration (TSA) immediately after the September 11, 2001 attacks. MacLean was in the first FAMS class to graduate after the attacks. [5]
Aviation Security Whistleblower
In July 2003, U.S. Federal Air Marshal (FAM) Robert MacLean tried to blow the whistle within the TSA on a plan to reduce air marshal coverage of nonstop, long distance flights amidst heightened warnings [6] based on a July 26, 2006 Department of Homeland Security (DHS) Advisory describing intelligence of an al-Qaeda suicide hijack plan. [7] The plan would exploit a U.S. immigration loophole enabling a terrorist, without a U.S. visa, to take a flight from a country with less-stringent security to a U.S. airport and roam that U.S. airport during a layover before taking a second connecting flight to the destination country. Once inside a U.S. airport, terrorists would smuggle weapons onto aircraft by hiding weapons inside camera equipment and children's toys. During flight, the terrorists with the smuggled weapons would overpower the crew, take control, and fly the hijacked aircraft into U.S. east coast targets. [8] The plan was in direct violation of the Aviation & Transportation Security Act (Public Law 107–71), Title 49 of the United States Code Section 44917: “Deployment of Federal Air Marshals... [on] nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority.”[9]
MacLean was rebuffed by his FAMS managers and the Department of Homeland Security Office of Inspector General (DHS/OIG), so he warned the public by going to the press. [10] The message he disclosed was not labeled as UNclassified "Sensitive Security Information" (SSI), the often abused information control label within DHS' Transportation Security Administration (TSA) used to protect information--unaware of any obligation to protect the information. For employees dealing with traditional classified information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.
MacLean's disclosure helped to draw public scrutiny and congressional outrage to TSA's ill-conceived plan which rapidly led to them reversing their plan. [11] TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, Senators Hillary Clinton, Barbara Boxer, and Charles Schumer held press conferences condemning the plan forcing the TSA to backpedal. [12] Later that day the TSA acknowledged that schedules had been changed and their spokesman, Robert Johnson, stated in a press conference, "Those actions were premature and a mistake by the people who were involved."[13]
Senator Hillary Rodham Clinton and ten other members of Congress supported MacLean's actions
U.S. Senator Hillary Rodham Clinton from New York, now Secretary of State, wrote a letter to DHS Secretary Tom Ridge about MacLean's disclosure:
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Congressman Hal Rogers (Republican) of Kentucky told Fox News:
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U.S. Senator Barbara Boxer from California wrote this provision into ATSA.[16][17][18] Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.[19]
FAM Robert MacLean was rebuffed by his TSA managers and a Department of Homeland Security Office of Inspector General (DHS/OIG) field agent, so he warned the public by going to NBC News. MacLean was quoted, anonymously, along with other unnamed sources, in a story written by Brock N. Meeks, Chief Washington correspondent for MSNBC.com.[20] That article broke the story and set off a chain reaction among national media outlets resulting in dozens of articles and televised broadcasts.[21] The message MacLean disclosed was not marked as Sensitive Security Information (SSI), the often abused UNclassified information control mark used to protect information within the DHS's Transportation Security Administration (TSA).[22] Given that text message was sent nationally to all FAMS employees' unencrypted and password-protected cellular phones and did not contain SSI marking, MacLean was unaware of any obligation to protect the information. For employees dealing with traditional CLASSIFIED Information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.
FAM Robert MacLean's disclosure helped draw public scrutiny and bipartisan congressional outrage[23] to TSA's plan which rapidly led to its reversal.[24] TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, U.S. Senators Hillary Rodham Clinton (New York), Barbara Boxer (California), and Charles Schumer (New York)[25] held video press conferences condemning the plan forcing the TSA to reverse its plan before going into effect.[26]
U.S. Senator Frank Lautenberg of New Jersey was "furious" and issued this July 30, 2003 press release:
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U.S. Senator Charles Schumer of New York stated the following:
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U.S. Senator Charles Schumer of New York also called on DHS Secretary Ridge to:
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Fearful that fewer air marshals might travel on cross-country flights into San Francisco, Senator Boxer told reporter Edward Epstein of the San Francisco Chronicle that she had offered to send the TSA a list of hotels near San Francisco International Airport where air marshals could book rooms for well under $100 a night. In a discussion with Senator Schumer, DHS Assistant Secretary of Border & Transportation Asa Hutchinson also admitted the plan to remove air marshals from nonstop, long distance flights was an error:
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U.S. Senator John Kerry of Massachusetts told the Wall Street Journal that President Bush's tax cuts for the wealthy caused the TSA to consider implementing the plan:
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Congresswoman Carolyn B. Maloney of New York issued a press release on her official congressional website:
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Congressmen Bill Pascrell, Jim Turner, and James Langevin together issued press releases about their letter to DHS Secretary Tom Ridge:
Congressman Bill Pascrell:
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Congressman James Langevin:
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U.S. Senator Ernest Hollings of South Carolina:
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Favorable news article into the Congressional Record
From the House floor, U.S. Congressmen Ken Calvert introduced a favorable news article into the Congressional Record:
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White House Reaction
During a July 30, 2003 White House press conference, President George W. Bush was prompted for his reaction to the July 26, 2003 DHS Advisory concerning the al-Qaeda threat of suicide hijacks during the summer of 2003. President Bush stated, "The threat is a real threat...we obviously don't have specific data...al-Qaeda tends to use the methodologies that worked in the past...we're focusing on the airline industry right now and we've got reason to do so." [38]
Termination for Disclosure
On August 31, 2006, a year after proposing to terminate MacLean, the TSA retroactively labeled the July 2003 information he disclosed as SSI. [39] TSA labeled MacLean's disclosure as SSI over three years after it was made public. [40] The Government Accountability Office (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use. [41] If DHS and the Department of Justice (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public. [42]
Transportation Security Administration and Department of Justice's Arguments
TSA and DOJ make four general arguments: 1) That Robert MacLean was trained in the safeguarding of SSI and that the information he disclosed did not require any markings despite Code of Federal Regulations (CFRs) that mandate the contrary. 2) He caused the TSA to disrupt their operations in order to cancel their plan to remove FAMs from nonstop, long distance flights. 3) Had TSA decided to continue with their plan despite public and congressional outrage, MacLean's disclosure would have alerted all terrorists that nonstop, long distance flight would not be staffed with FAMs. (4) Finally, the government argues that front-line law enforcement field officers do not have the authority, education or experience to determine if policies endanger public safety and national security - that such determinations can only be made by the agency's senior executives.
References
- ↑ Decision to fire air marshal risks silencing whistle-blowers, OSC says. Federal Times (2011-08-26). Retrieved on 2011-08-27.
- ↑ June 22, 2009 U.S. Merit Systems Protection Board decision MacLean v. DHS. Official website of the U.S. Merit Systems Protection Board (2009-06-22). Retrieved on 2011-08-27.
- ↑ July 25, 2011 U.S. Merit Systems Protection Board decision MacLean v. DHS. Official website of the U.S. Merit Systems Protection Board (2011-07-25). Retrieved on 2011-08-27.
- ↑ August 25, 2011 U.S. Office of Special Counsel MSPB amicus curiae in support of Robert MacLean. Clean Up America (2011-08-25). Retrieved on 2011-08-27.
- ↑ Air marshal’s firing prompts whistleblower suit, Stephen Losey, Federal Times, November 7, 2006
- ↑ Federal Air Marshal Fired for Exposing Dangerous Policy, CNN Lou Dobbs, November 20, 2006
- ↑ U.S. warns of 9/11-style plane attacks, Mimi Hall and Kevin Johnson, USA Today, August 1, 2003
- ↑ Memo Warns Of New Plots To Hijack Jets, Sara Kehaulani Goo and Susan Schmidt, The Washington Post, July 30, 2003
- ↑ 2001 Aviation & Transportation Security Act (Public Law 107–71), Title 49 of the United States Code § 44917 "Deployment of Federal Air Marshals", November 19, 2001
- ↑ Air Marshals Pulled from 'Key Flights', Brock Meeks, NBC News (MSNBC), August 29, 2003
- ↑ Ex-air marshal to sue over 'SSI' label, Audrey Hudson, The Washington Times, October 30, 2006
- ↑ Senator Clinton Reiterates Call on TSA to Justify Security Cuts at Nation’s Airports, Senator Hillary Clinton, Official Site of the U.S. Senate, July 30, 2003
- ↑ Air marshals back to long flights, Mimi Hall and Fred Bayles, USA Today, August 1, 2003
- ↑ Senator Clinton Reiterates Call on TSA to Justify Security Cuts at Nation’s Airports. Official Site of the U.S. Senate (2003-07-30). Retrieved on 2007-06-03.
- ↑ "DHS: No Plan to Cut Number of Air Marshals", Fox News, 2003-07-30. Retrieved on 2011-09-04.
- ↑ Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs. Website of the U.S. Senate (2004-03-09). Retrieved on 2008-11-15.
- ↑ Senator Barbara Boxer's official senatorial biography. Website of the U.S. Senate (2008-11-16). Archived from the original on 2008-07-31. Retrieved on 2008-11-15.
- ↑ Senator Barbara Boxer's official campaign biography. Official Campaign Website for Barbara Boxer (2008-11-16). Retrieved on 2008-11-16.
- ↑ Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill. Website of the U.S. Senate (2004-09-14). Archived from the original on 2008-07-31. Retrieved on 2008-11-15.
- ↑ Whistleblowers hit turbulence; TSA ex-employees say they've been blackballed for revealing problems. New Jersey Star Ledger (2007-10-14). Retrieved on 2007-12-08.
- ↑ Air Marshals Pulled from 'Key Flights'. NBC News (2003-07-30). Retrieved on 2006-10-30.
- ↑ Gaouette, Nicole. "Ex-air marshal fired over leak sues TSA", Los Angeles Times, 2006-10-31. Retrieved on 2009-06-18.
- ↑ "Uproar Over Air Marshal Cuts", CBS News, 2003-07-31. Retrieved on 2008-08-01.
- ↑ Ex-air marshal to sue over 'SSI' label. The Washington Times (2006-10-30). Retrieved on 2011-06-26.
- ↑ "Team Bush Scrubs Plan to Cut Air Marshal Force", New York Daily News, 2003-07-31. Retrieved on 2007-07-11.
- ↑ "July 30, 2003 CNN Television Transcripts", CNN, 2003-07-30. Retrieved on 2008-11-24.
- ↑ Lautenberg Furious Over Initial Plan by Bush to Slash Federal Air Marshals, Shocked That Budget Cuts to Homeland Security Occurring as New Al Qaeda Threats Emerge. Official Site of the U.S. Senate (2003-07-30). Retrieved on 2009-08-25.
- ↑ "Officials deny cuts to air marshal program", USA Today, 2003-07-30. Retrieved on 2007-06-03.
- ↑ Flip-flop on air marshal schedules. MSNBC (2003-07-31). Retrieved on 2009-02-25.
- ↑ Epstein, Edward. "Air marshal cutbacks denied", San Francisco Chronicle, 2003-07-31. Retrieved on 2009-01-10.
- ↑ Agency Overseeing Air Marshals Asks to Divert Program's Funds. The Wall Street Journal (2003-07-31). Retrieved on 2009-08-09.
- ↑ FIRST, AIR MARSHALS WERE TO BE REMOVED, NOW, TRAINING TO BE CUT: TASK FORCE CHAIR ASK WHAT CUTS ARE NEXT?. U.S. House of Representatives Official Website (2003-08-11). Retrieved on 2011-09-04.
- ↑ "PASCRELL: AIR MARSHAL DECISION AN ABOMINATION", Official Congressional website of Honorable Bill Pascrell, 2003-07-31. Retrieved on 2011-09-06.
- ↑ "Langevin to Ridge: Removing Federal Air Marshals at a Time of Heightened Threat Defies Reason", Official Congressional website of Honorable Jim Langevin, 2003-07-31. Retrieved on 2011-09-06.
- ↑ "Uproar Over Air Marshal Cuts", CBS News, 2003-07-31. Retrieved on 2008-08-01.
- ↑ Did O.C. air marshal endanger public, or protect it?. Orange County Register (2009-05-15). Retrieved on 2009-05-30.
- ↑ Congressional Record: "Did Fired OC Air Marshal Endanger Flying Public, or Protect It?". U.S. House of Representatives Congressional Record (2009-07-10). Retrieved on 2010-09-25.
- ↑ President Bush Discusses Top Priorities for the U.S. (Minute 10:53 of video), President George W. Bush, White House Official Website, July 30, 2003
- ↑ U.S. Labels 2003 Leaked Memo 'Sensitive', Larry Margasak, Associated Press, May 10, 2007
- ↑ TSA's August 31, 2006 Final Order on Sensitive Security Information, Andrew Colsky, Transportation Security Administration, August 31, 2006
- ↑ Clear Policies and Oversight Needed for Designation of Sensitive Security Information, Steven J. Pecinovsky, Government Accountability Office, June 1, 2005
- ↑ Retroactive Labeling in Robert MacLean v. Department of Homeland Security, Nick Schwellenbach, Project On Government Oversight, May 5, 2007