Terrorism

The TSA has a habit of confiscating security-unrelated items. Over at The American Spectator, I recall just such an experience that I had at O’Hare. After years of wondering what became of my beloved Leatherman, I was able to find a likely answer: it probably found its way to a government surplus store. One store alone made $300,000 just from TSA-confiscated items. As I conclude:

So rest easy the next time a TSA screener takes away your spear gun (yes, that’s on the verboten list). You’re not just making air travel safer by leaving it behind. You’re also doing your part to reduce government deficits.

TSA policies are an over-reaction to a rare threat that kills fewer people each year than lightning strikes. Unfortunately, the human mind is not entirely rational when calculating the risk from rare but conspicuous threats, so the TSA is probably here to stay.

Discrimination and politically-correct blinders can be deadly. It was obvious in the aftermath of the Fort Hood shootings that the killer was inspired by Islamic extremism. Obvious, that is, to anyone but officials in the Obama administration, who continue to cling tightly to a culture of political correctness and preferential treatment that helped make the shootings possible.

Nidal Hasan shot dead 12 soldiers and a civilian at Fort Hood, while shouting “Allahu Akbar.”  But the Obama administration’s inquiry into the shootings falsely suggested Islamic extremism was not a factor in the shootings.  Its report on the Fort Hood massacre did not even “mention the words ‘Islam’ or ‘Muslim’ once,” referring to the killer simply as the “alleged perpetrator.” Instead, it claimed the tragedy resulted from “bureaucratic shortcomings” in the “sharing of information.”

But now Senators like Joe Lieberman and Susan Collins are taking issue with that whitewash report: “the federal government needs to drop the political correctness and call violent Islamic extremism what it is, according to a newly released report on the Fort Hood shooting by the Senate Committee on Homeland Security and Governmental Affairs.”

The shooter’s Islamic extremism was obvious.  Prior to the shooting, he had said that Muslims should rise up against the military, “repeatedly expressed sympathy for suicide bombers,” was pleased by the terrorist murder of an army recruiter, and engaged in hate-speech against non-Muslims, publicly calling for the beheading or burning of non-Muslims, and talking “about how if you’re a nonbeliever the Koran says you should have your head cut off, you should have oil poured down your throat, you should be set on fire.”  “In addition, Hasan openly had suggested revenge as a defense for the 9/11 attacks, defended Osama bin Laden, and said his allegiance to his religion was greater than his allegiance to the constitution.”

But the military did nothing to remove him from a position where he could harm others. Although his views were common knowledge, “a fear of appearing discriminatory . . . kept officers from filing a formal written complaint,” the Associated Press noted. Moreover, “a key official on a review committee reportedly asked how it might look to terminate a key resident who happened to be a Muslim,” as NPR noted.  Instead, the military effectively exempted Hasan from rules of conduct that apply to everyone else, in order to promote its conception of “diversity.”

As military attorney Thomas Kenniff notes, there was a climate of “obsessive political correctness” in the military. As Major Shawn Keller pointed out, in a column entitled “An Officer’s Outrage Over Fort Hood.” “There was no shortage of warning signs that Hasan identified more with Islamic Jihadists than he did with the US Army. . .But just like September 11, those agencies and individuals charged with keeping America and Americans safe failed to connect the dots that would have saved lives. Jihadist rhetoric espoused by Hasan was categorically dismissed out of submissiveness to the concepts of tolerance and diversity. . . . the leaders in Hasan’s chain-of-command failed to act . . . out of fear of being labeled anti-Muslim and receiving a negative evaluation report.”

Indeed, even after the shootings, government officials worried more about the fate of “diversity” than about the lives of their troops:  “Our diversity, not only in our Army, but in our country, is a strength,” Army Chief of Staff George Casey told NBC’s Meet the Press. “And as horrific as this tragedy was, if our diversity becomes a casualty, I think that’s worse,” Casey said.

The military is not like the outside world.  In the civilian world, hate speech and anti-American speech are protected by the First Amendment (under Supreme Court decisions like R.A.V. v. St. Paul, and court rulings like Dambrot v. Central Michigan University).  But in the military, soldiers get punished for bigotry or disloyalty all the time – but not Nidal Hasan, who escaped any punishment due to obvious favoritism.

In court cases like Goldman v. Weinberger, the Supreme Court has said that soldiers have fewer First Amendment rights than civilians. The military cites this all the time when it wants to punish soldiers for politically-incorrect speech, like the soldier who was punished for a sexist insult about liberal Congresswoman Pat Schroeder (D-Colo.) in the aftermath of the Tailhook Scandal. But the military did not apply its policies against seditious speech and hate-speech to Hasan, because of political correctness. Instead, it kept him working with injured American veterans, a position for which he was manifestly unfit.

Obama could barely bring himself to mention the tragedy, much less express sympathy for the victims, in his initial remarks about it, in which he buried any expression of sympathy in the middle of a speech filled with “wildly disconnected” ramblings about an unrelated topic, starting with a “joking shout-out.”  Even for liberal journalists, President Obama’s initial response to the tragedy was embarrassing.  Even the liberal Boston Globe, which endorsed Obama in 2008, chided the President for a speech lacking in ”empathy” for the victims.  Despite the shooter’s open hatred towards America, the military, and America’s non-Muslim majority, Obama’s remarks insisted that the shooter’s motive for the killings was unknown.

The Obama Administration then did its best to hide the role of political correctness in spawning the tragedy by appointing two supporters of racial preferences in the military – former Army Secretary Togo West and Admiral Vernon Clark – to handle the federal inquiry into the tragedy. This was like appointing a fox to guard a henhouse. At the conclusion of their inquiry, West and Clark came out with a ridiculous report that did not even mention the word “Islam” or “Muslim,” much less address the Islamic extremism that motivated the shootings.  Based on these men’s track record, the Obama Administration expected – and wanted – exactly such a whitewash report.

“Clark was such an enthusiast for ‘diversity’” that “he redefined the Navy’s concept of special minorities to include religious (read Muslim)” groups, not just racial minorities. Similarly, Togo West,  a supporter of restrictions on politically-incorrect speech, “never saw an affirmative action policy or minority preference policy he didn’t like,” and  was such a diversity zealot that he filed an amicus brief in an affirmative-action case that didn’t even involve the military, unsuccessfully urging the Supreme Court to uphold racial quotas in the public schools – something it instead struck down in Parents Involved in Community Schools v. Seattle School District). Clark’s devotion to preferential treatment was reflected in his order “that the Navy increase the number of minority candidates for officer commissions by 25 per cent,” which “led to a double standard” at “places like the Naval Academy at Annapolis, where the entry standards for minorities are noticeably lower than for white applicants.”

Even today, military leaders remain wedded to the concept of “diversity” at the expense of equal treatment and the Constitution, engaging in racial discrimination at the military academies in the name of “diversity,” including mandating racial preferences in admissions. The Naval Academy illegally retaliated against a faculty member who criticized its use of racial preferences in admissions (the Naval Academy listed “diversity”as its “number one priority,” above learning), violating the First Amendment and anti-retaliation provisions contained in the civil-rights laws.

Military leaders, catering to liberal congressional leaders and the Obama administration, cling tightly to the “diversity” dogma, demanding that those in the military keep silent rather than saying things that might call into question their ”diversity” obsession:

“Naval Academy senior commanders decided during the World Series to remove two Midshipmen from the color guard that appeared. What was their offense? The color guard was deemed too white and too male.  .  .Two members of the color guard were removed and replaced by a Pakistani and a woman to achieve the requisite ‘diversity.’ The Pakistani unfortunately forgot his cap and shoes. He himself had to be replaced at the last minute by one of the two middies removed earlier. The midshipmen have reportedly been ordered not to speak of these events.”

I am definitely not arguing for a ban on Muslims in the military, or discrimination against them — quite the opposite. The military has a critical shortage of, and need for, translators who speak languages like Pashto (spoken in Afghanistan), Urdu (spoken in Pakistan) and Arabic. These translators are often Muslim, and they should be welcome in the military. But neither should the military exempt Muslims from the rules of conduct imposed on soldiers of other religions.  That is an insult to the principle of equality under the law. Hasan’s anti-American rants would not have been tolerated even in the armies of Muslim countries allied with the U.S., like Albania.

By some estimates, TSA scanners miss as many as 70 percent of banned items that passengers bring to security checkpoints.

The TSA is taking issue with the figures, but isn’t bothering to put out its own numbers.

The Economist points out:

Surely if TSA screeners were doing much better in covert testing, the agency would be eager to release the data. That hasn’t happened. You don’t have to be a cynic to think that the current, unreleased numbers might not be quite as impressive as the agency would like.

Also worth pointing out — there has not been a single successful terrorist attack even with all the contraband that makes it onto airplanes. This is because terrorism is rare. It just doesn’t cost very many lives compared to other threats.

These greater threats 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.

The Arlington, Virginia, Metro stop that services the Pentagon was shut down this morning because of a suspicious object. Passengers in the station were forced to go out into the cold and find some other way to get to work. The incident caused delays up and down the Metro’s Blue Line.

The troubles began at about 7:15 am when someone spotted a blinking item inside a trash can and reported it to authorities. After a very tense hour and a half, the suspicious blinking object was determined to be a Christmas ornament.

The terrorists win again. All it takes to turn the tables is a bit of common sense. Unfortunately, that may be asking too much.

Much has been written about the backlash against the TSA’s intrusive new screening methods. Law professor Jeff Rosen has argued that they violate the Fourth Amendment, since they are more invasive than alternative screening methods, but may be no more effective. Others have argued that the screening will kill more people than it saves from terrorist attacks, even if it ever prevents a terrorist attack, since it will result in angry travelers traveling by car rather than by airplane, resulting in hundreds of additional deaths annually, since fatalities are much higher on the road than in the air. (One scientist argues that the screenings will also lead to an increase in radiation-related deaths.)

Such screening methods are only as effective as the employees who use them, and lazy or inattentive employees can render any screening method useless.  The Obama administration is now poised to unionize the TSA, which would make it harder to remove lazy or inattentive employees, and harder to reassign employees as needed in responding to any attempted terror attacks.  The Washington Examiner, and John Fund of The Wall Street Journal, earlier criticized the administration’s support for unionization, which past TSA heads recognized would undermine public safety.

As John Fund notes, “if you think TSA is dysfunctional and unpopular now, wait until it unionizes. This month, the Federal Labor Relations Authority ruled that 50,000 TSA personnel will be allowed to vote on whether or not to join a union with full collective bargaining rights. The American Federation of Government Employees and the National Treasury Employees Union are already gearing up their campaigns to win over the screeners.”

As the Examiner notes:

[A]dapting to evolving security threats requires a level of workplace flexibility that is incompatible with rigid union workplaces. After a plot to blow up a dozen U.S.-bound airliners from Britain over the Atlantic was broken up in 2006, the TSA changed its procedures in 12 hours to deal with new concerns about liquid explosives. Unions make it notoriously difficult for managers to change job descriptions and procedures, so it’s hard to believe a unionized TSA would have sufficient flexibility to cope with constantly changing terrorist challenges.

In 2007, Congress, in legislation backed by then-Senator Obama, passed legislation enabling the TSA to unionize — a stance endorsed by Homeland Security Secretary Janet Napolitano, who earlier claimed that “the system worked” when a terrorist nearly blew up a plan, only to be foiled by alert passengers, with no help from the TSA. (The terrorist was allowed on the plane despite being on a terror watch list, and then set fire to explosives.  To put out the fire, passengers had to violate TSA red tape like rules banning passengers from getting out of their seat during the last hour of a flight.) The Examiner says that “the TSA has yet to catch one terrorist.”

The TSA often fails to detect explosive ingredients and fake bombs in performance tests. A study found that the TSA is more than twice as likely to fail to detect a bomb as the private security firms it replaced. And TSA’s failure rate is three or four times as high as the few remaining private firms still allowed to handle airline security. In tests, TSA failed to detect fake bombs 60 percent of the time at Chicago’s O’Hare airport, and 75 percent of the time in Los Angeles.  The Obama administration is also undermining railroad safety through pro-union favoritism.

Reading William Gibson’s recent novel, Zero History, I came across an interesting passage:

There were cameras literally everywhere in London. … He remembered Bigend saying they were a symptom of auto-immune disease, the state’s protective mechanisms ‘roiding up into something actively destructive, chronic; watchful eyes eroding the healthy function of that which they ostensibly protected.

I find his comparing the hyper-protective state’s infringements on freedom to an auto-immune disease quite provocative.

As a young analyst, I worked on a project for the military, researching sabotage threats to American security.  We found that preventing sabotage was impossible-a risk free world wasn’t in the cards.  However, nation states were reliable disciplinary forces against saboteurs.  Today, however, terrorists are often stateless.  Thus, there are no obvious ways of disciplining such behavior.

Still, although we cannot ensure a “safe” world, we need to do what we can to make the world “safer.”  To do so, everyone must be mindful of security; we cannot simply accept the measures pushed by bureaucracy as sufficient.  Airlines are not only better equipped to determine the weak points in their passenger and freight handling systems but also have a greater stake in the success of security measures.

Government, in assuming responsibility for air safety, for example, creates moral hazard and neglects the costs to our economic and civil liberties.  Consider the security risk created by bottlenecked security lines.  We are all targets as we inch through the lines, waiting to be cleared for safety.

America’s response to 9/11 created far more costs than the attack itself.  We as a society have failed to distinguish between healthy defenses and paranoid bureaucratic responses.  HSA and its sub-agency, TSA, are but two examples.  As many have noted, on 9/11 some horrible individuals did terrible things to America; on 9/12, our politicians took over!  The costs – both direct and indirect – of such bureaucratic anti-terrorist policies are massive.  And now the TSA has embarked on a massive new campaign to force air travelers to submit to either electronic nude-searches or the equally intrusive pat downs.  The outrage from this move may allow us to reevaluate our whole approach to achieving a safer world.

Everyone wants to live in a safe world but only government has the arrogance to claim they can achieve this.  In fact, all the government can do is make the world less convenient, less free, and more costly-exactly the result the 9/11 perpetrators sought.  Should we allow them to succeed?

Photo Credit: bfraz’s Flickr photostream

Federal authorities arrested Farooque Ahmed for plotting to bomb the Washington Metro subway system.  Ahmed, who immigrated from Pakistan, “conspired with people he thought to be al-Qaeda operatives to bomb the Arlington Cemetery, Pentagon City, Crystal City and Court House stations, according to a federal indictment.”

Don’t count on the subway system itself to guard against terrorism, though.  Many of the Washington, D.C. Metro’s unionized employees are incompetent or grossly overpaid, and some simply disregard threats to public safety, as a letter writer recently chronicled in The Washington Post.  Members of its governing board, like Arlington County politician Chris Zimmerman, have turned a blind eye to incompetence, waste, and safety hazards at Metro, even while jacking up subway fares by massive amounts. Federal investigators rebuked the subway system for a “systemic breakdown of safety management at all levels” that led to the deadly Red Line crash last summer and other fatal accidents.

The Obama administration is undermining airline and railroad security against terrorist attacks by pushing policies that benefit public employee unions at the expense of competence and public safety.

How do we know the terrorists are winning? When a man kissing his girlfriend good-bye at Newark Liberty International Airport results in the evacuation of an entire terminal, 200 delayed or canceled flights, and re-screening for thousands of passengers.

There is a word for this: overreaction. If this how the government reacts to a threat that is 20 times scarcer than being struck lightning, we are doing something wrong.

Yes, the criminal kisser was wrong to sneak under a security rope to get one last peck from his girlfriend. But closing down an entire terminal at a major airport for six hours is overdoing it. Just take a look at the offender.

His name is Haisong Jiang. He is 28 years old and very much in love. He emigrated to the U.S. from China in 2004, and met his girlfriend at Rutgers University. She recently moved to California, though they remain together. Mr. Jiang remains in the New York area, pursuing a biology Ph.D. When he receives his degree later this year, he plans to move to California to be with her. He is clearly not a terrorist.

Mr. Jiang’s forbidden kiss was recorded by surveillance cameras. It was clear that he was sneaking a kiss, not a bomb. Even so, a five-day manhunt ensued. Mr. Jiang was arrested and tried. Fortunately, his sentence is a light one: “a $500 fine and $158 in costs and fees,” plus 100 hours of community service.

I was a bit worried that he would have been shipped to Guantanamo Bay, frankly. Hopefully retired Maj. Gen. Robert Harding, the new head of the TSA, will take steps to make airport security more rational and less driven by fear.

An article in this month’s Infotech & Telecom News on a TSA proposal to ban in-flight wi-fi quotes me at length. Here’s what I had to say:

“Are such restrictions justified? No,” said Ryan Young, the Warren T. Brookes Journalism Fellow at the Competitive Enterprise Institute. “The only way to prevent terrorism is to make terrorism difficult.

“Banning in-flight entertainment would not do that,” he added. “Terrorism is a rare threat, and it should be treated accordingly. Every time you board a plane, your odds of being a victim of a terrorist attack are about 1 in 10.4 million. You are 20 times more likely to be struck by lightning,”

‘Chipping Away at Freedoms’

“Terrorists can’t win by killing people,” Young said. “There are too many of us and too few of them. They win by making us overreact in fear. And that is exactly what the TSA is doing.

“Chipping away at freedoms like in-flight wi-fi might make people feel safer. But it doesn’t actually make them safer,” he said. “The TSA should make sure that all cockpit doors are reinforced. It should diligently screen checked baggage. Passengers know that sometimes they have to take matters into their own hands. Anything beyond that isn’t security. It’s security theater.”

Dangerous Driving
Young adds TSA’s reaction to the Christmas Day bomber and other potential threats could not just stifle tech innovation but also harm the ability of the airline market to improve its services.

“Banning in-flight wi-fi would hurt both the airline industry and technology companies,” Young said. “Some airlines, such as JetBlue, compete by offering fringe benefits that competitors don’t, like in-air wi-fi. Taking that away would make the airline market more homogeneous and less competitive.

“Banning in-flight wi-fi also poses a safety risk,” he added. “When flying becomes more onerous, some people will opt to drive instead. Per mile traveled, driving is far more dangerous than flying. Car accidents kill at least 200 times as many Americans as terrorists do each year.”

Fear is a terrorist’s only effective weapon. There are so few of them, and their attacks are so rare, that fear is all they have. Yet they win victory after victory. People and governments have an irrational tendency to over-react to rare but conspicuous threats. Here’s our latest loss:

[Washington, DC] Metro Transit Police will hold a “major anti-terrorism show of force” Tuesday during rush hour at one of the agency’s “busiest Metrorail station,” according to a media advisory released by the agency…

Metro said about 50 officers from several Metro Transit Police units will participate in the exercise, including anti-terrorism and K-9 explosives detection teams, bomb technicians, mobile and foot patrols.

As a daily user of the DC Metro, here’s hoping this security theater production happened as far away from my commute as possible.

(Hat tip: Megan McLaughlin)