An article that details a reporter's flight from Detroit to LA which alledges that terrorists were onboard is currently making e-mail rounds.
Is it true? The answer may lie in your viewpoint: is the glass half-full or half-empty? Here are two sides: Donald Sensing and Michelle Malkin.
And my unanswered question is this: Is the incriminating statement attributed to 9-11 Commissioner John F. Lehman Jr., former Secretary of the Navy under President Reagan, accurate?
According to the Women's Wallstreet article, Lehman said: "...it was the policy (before 9/11) and I believe remains the policy today to fine airlines if they have more than two young Arab males in secondary questioning because that's discriminatory."
And Daniel Pipes quotes a Philadelphia Daily News reporter, who credits Lehman with this statement:
- "We had testimony a couple of months ago from the past president of United, and current president of American Airlines that kind of shocked us all. They said under oath that indeed the Department of Transportation continued to fine any airline that was caught having more than two people of the same ethnic persuasion in a secondary line for line for questioning, including and especially, two Arabs."
First, the Philadelphia Daily News report that quotes Sen. Arlen Specter (R-PA) as saying his staff was told by the Department of Transportation that Lehman's statement was untrue implies that Lehman's statement is inaccurate.
Perhaps you consider that hearsay.
This is not: In his January testimony before the Commission, the head of the TSA denied under oath that there is a "two person" or "three person" rule. In June, DOT General Counsel Jeffrey Rosen testified that there never was such a policy.
Second, I've read the transcript of the testimony at hearing seven of the 9-11 Commission, where United and American executives testified. Lehman's allegation is not reflected in this testimony. Relevant parts follow:
- Mr Kerrey (Commissioner):
I must tell you that the law (U.S. Code Title 49, Section 44902) doesn't mention the FAA. The law says, quote, "An air carrier may refuse to transport a passenger or property the carrier decides is or might be inimical to safety." (p. 81)
Mr. Soliday (United, emphasis added):
"But if I could share some history with you, how that law has been applied to us is that when we have tried to deny boarding -- most recently after 9/11, 38 of our captains denied boarding to people they thought were a threat. Those people filed complaints with the DOT, we were sued, and we were asked not to do it again ." (p 82)
Mr. Soliday (United, emphasis added):
[In reference to precautions proposed after TWA 800 crashed off Long Island in 1996] "... we, as a company, talked with the FAA and said we are prepared to move forward with some security measures to ramp up because we don't know what caused this. The problem is -- and you can make light of it, if you like -- a citizen does not have the right to search and seize. There are privacy issues and, for example, as a company who was prepared to roll CAPPS out and did roll it out long before any other company, a visitor from the Justice Department who told me that if I had more than three people of the same ethnic origin in line for additional screening, our system would be shut down as discriminatory." (p. 87) [Aside, this was obviously not a written statement.]
Mr. Arpey (American, in response to question from Commissioner Lehman):
"In a post-9/11 environment, we had situations where our crew members were uncomfortable with passengers on board the airplane, they hauled them off the airplane and I think -- there was 10 or 11 of them -- and today we're being sued by the DOT over each one of those cases." (p. 88)
Mr. Studdert (United, in response to question from Commissioner Lehman):
"I think last month United was actually fined. We should follow up for you on that." (p. 89)