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Full text of my subpoena from the Department of Homeland Security

December 29, 2009

We had just put the kids in the bathtub when Special Agent Robert Flaherty knocked on my front door with a subpoena. He was very polite, and used “sir” a lot, and he said he just wanted a name: Who sent me the security directive?

I invited Flaherty to sit down in the living room and introduced him to my cats, who seemed to take a liking to him. The kids came by to say hello, too.

“A subpoena?” I asked the special agent. “Is that really necessary?”

“Sir,” he repeated. “You’ve been served.”

Alright, then. I’ve been served. Here’s the full text of the subpoena:

UNITED STATES OF AMERICA
Department of Homeland Security
Transportation Security Administration

SUBPOENA DUCES TECUM

YOU ARE HEREBY COMMANDED BY THE ADMINISTRATOR, TRANSPORTATION SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, to produce and permit inspection and copying of the records described below to Special Agent Robert Flaherty, TSA Office of Inspection, Transportation Security Admininistration, 580 T G Lee Blvd, Suite 610, Orlando, Florida 32822 (Phone #: 407-563-4096), email: Robert.M.flaherty@dhs.gov, no later than COB December 31, 2009, in furtherance of an official investigation:

All documents, emails, and/or faxsimile transmissions (sic) in your control possession or control concerning your receipt of TSA Security Directive 1544-09-06 dated December 25, 2009.

IN TESTIMONY WHEREOF, the undersigned, an officer designated by the Transportation Security Administration, has hereunto set his hand in the county of Arlington, Virginia, this 29th day of December, 2009.

Dan Kuntz
Senior Counsel – Civil Enforcement
Transportation Security Administration
U.S. Department of Homeland Security

AUTHORITY

This subpoena is issued under the authority contained in 49 U.S.C. §§ 40113 and 46104; and 49 C.F.R § 1503.3.

Any person who neglects or refuses to produce records in obedience to this subpoena is subject to fines under Title 18, United States Code, imprisonment for not more than one year, or both, 49 U.S.C § 46313.

(For those of you who didn’t go to law school or take Latin, a subpoena duces tecum — Latin for “bring with you under penalty of punishment” — is form of a subpoena issued by a court ordering the parties named to appear and produce tangible evidence for use at a hearing or trial.)

So if I’m reading this correctly, the TSA wants me to tell them who gave me the security directive.

I told Flaherty I’d call my attorney and get back to him.

What would you do?

(Incidentally, my kids liked Special Agent Flaherty. They’ve been calling him “our friend from the TSA” all evening. Probably because he had a cool badge and got along with the cats.)

(Photo: timsamoff/Flickr Creative Commons; it is not a picture of my actual subpoena, which doesn’t look quite as sexy.)

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

272 comments

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  • Shari

    Chris,
    First off, I’m so sorry to hear of this happening to you. I can’t imagine the stress that this has placed in your life. You know from reading all of these posts that you’re supported and thought of.

    Get a lawyer. It’s been said already, but it bears repeating: get a Federal lawyer. ACLU might be a good place to start.

    If you need to, set up a legal defense fund. We’ll help you out.

    Take things one day at a time, and try to not let this interrupt your life too much. You’ve obviously hit a nerve, and rightly so. The TSA is a bunch of morons who ought to be ashamed of the way they’ve abused their power and wasted our tax money. So good for you for exposing their idiocy. Hang in there, and know that you were in the right.

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  • Randy

    When are you idiots going to realize that “free speech” doesn’t mean you can say or do absolutely anything you want. I don’t know why they’re calling these bloggers “reporters” anyway; any schmuck can write a blog. The TSA is already struggling to stay ahead of potential terrorists (obviously) without a bunch of keyboard jockies posting sensitive communications online just to get a few more hits for their pathetic blog. Even the founding fathers would agree that the government needs to keep secrets to protect the people. I hope all involved get locked up, but I know they won’t.

  • CRIS

    TO BAD YOU DIDN’T LIVE IN CHINA, I BELIEVE THEY HAVE MORE RIGHTS THAN US NOW. SURE AM GLAD, BUSH GOT RID OF THE NASTY LITTLE PAPER CALLED THE CONSITUTION WE REALLY DIDN’T NEED IT. OH ,AND NOW THE GOVERMENT CAN SEE ME NAKED WITH MY CLOTHES ON JOY. HEAVEN FORBID THEY USE COMMON SENSE LIKE RACIAL PROFILING, OH DID I SAY A BAD WORD. I’M DISGUSTED THAT AMERICA’S DON’T EVEN SEE WHAT IS REALLY GOING ON WAKE UP.

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  • Oldfart

    Secrecy is the keystone of all tyranny. Not force, but secrecy . . . censorship. When any government, or any Church for that matter, undertakes to say to its subjects “This you may not read, this you must not see, this you are forbidden to know,” the end result is tyranny and oppression, no matter how holy the motives. Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whosw mind is free. No, not the rack, not fission bombs, not anything— you can’t conquer a free man; the most you can do is kill him. R.A.Heinlein. Revolt in 2001.

  • David

    I’d just shred that subpoena and use it as kitty litter.

    The jurors who established the right to Jury Nullification in English Common Law had to do jail time. If liberty and limited government is worth the fight, then compose your soul and steel yourself for the fight no matter the cost. The other option is statism and an all powerful government. If you prefer that choice, then roll over and give them everything they want.

  • NotTSA

    Can you not plead the 5th?
    Also http://en.wikipedia.org/wiki/Protection_of_sources
    This is idiotic what TSA is doing. Security through obscurity?
    They need to be proactive not reactive – and what is next?If the terrorist had a
    bomb in his butt – they would be doing cavity searches next for all people
    who fly? TSA is the one who robs the freedom and dignity of people and their freedom, yet we are neither securer or freerer. As Benjamin Franklin said,” Those who give up their freedom for security deserve neither freedom or security.” Terrorist are always winning by making US imprisoning their own people into 24/7 Orwellian security that neither breeds freedom nor safety. All this security chips away on our constitutional freedoms like 4th amendment, and most importantly 1st amendment (a right to travel anonymously to petition the government) – and how safer are we?

  • http://regimeofterror.com Emark

    So Obama wants to open a new center to declassify everything and his party said nothing when anti terrorism intel was leaked during the Bush admin and now want to subpoena you? This really fits along with all their other hypocrisies.

  • http://WWW.ALBANYCONSERVATIVE.US MICKEY

    Are you not protected by the first amendment, or does that just apply to the MSM.
    Why is it that during Bush’s presidency, leaked documents were the norm, and all of these NY Times reporters hid behind the first amendment, even when it concerned top Secret info that could get our soldiers killed.
    I love the new transparent bovernment.

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  • Ken

    Anyone who thinks that this subpoena poses an explicit or implicit “threat” to bloggers is, sorry to say, an idiot and/or full of themselves.

    I don’t agree with the directives in the memo, but that’s beside the point. There is a leak in the TSA. On the whole, that’s not a good thing to have. For me, that’s the beginning and the end of the argument. They are doing what they should be doing.

  • TheChairman

    “All documents, emails, and/or faxsimile transmissions (sic) in your control possession or control concerning your receipt of TSA Security…

    “IN TESTIMONY WHEREOF, the undersigned, an officer designated by the Transportation Security Administration, has hereunto set his hand…”

    Dan Kuntz <—–

    I THINK THE LAST NAME SAYS IT ALL… MUST BE JANET NAPALITANO's PEN NAME.

  • SteveS

    Hey Randy…

    You know when radio was first invented or TV for that matter some idiot probably said equally as stupid things about the reporters on those mediums too!

    Phah… “I dont know why that are calling these “Radio journalists” reporters anyway”

    Keep up or dont turn your computer on tomorrow and save a headache!

    S

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  • http://www.computerlegalexperts.com Steve M.

    1. Contact legal counsel. He will move to have the Subpoena Duces Tecum quashed.
    2. Never turn your computer over until you’ve talked to and received advice from your legal counsel.
    3. Get a computer forensics expert, you’ll need one.
    4. FYI- You had lee-way, until the end of today to comply.
    5. I guess the current administration has suspended the First Amendment. Welcome to the Obama-Nation.

  • LadySiren

    Chris -

    Count me in for a legal defense fund donation! The work you do is invaluable for travelers everywhere, so I’m happy to toss a few bucks in the pot to ease the strain of legal costs. That being said, I should also note that I’m surprised the TSA would make such a boneheaded move – they should know by now that aggressively going after a popular citizen journalist is fraught with peril.

    From a professional standpoint (I’m a senior PR executive), the worst thing that the TSA could’ve done was to appear threatening to you in any way, which is exactly what they’ve accomplished with their subpoena. It gives you a solid bully pulpit from which to preach from, and raises the spectre of a shadowy underhanded government that has something to hide. In other words, from a PR perspective, it’s a lose-lose situation for the TSA (and their Homeland Security overlords).

    I hope you stand firm and fight the good fight here; you’ve got all of your loyal readers behind you.

    PS: Email me if you need any assistance PR-wise. :)

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  • Eric

    I will support your site financially. We need to impeach Janet Napolitano, abolish the DHS, and prosecute the TSA for their criminal negligence of our safety.

  • Ecosium

    Would they have gone after the NYT or the WaPo had they released the docs? Are only ‘approved’ media outlets allowed confidentiality? The Feds seem more interested in CYA and punishing Americans who speak freely rather than going after the SOB’s who would do us harm.

  • IDontHaveABombUpMyButt

    “Dan Kuntz”? Good grief, life increasingly resembles a poorly written satire.

    Pity Bush II isn’t still in office eh? You could get a pretty noisy, long-running and, no doubt, lucrative campaign going if that was the case. Did you see the way Cindy Sheehan went from media saint to persona-non-grata the moment the media’s guy took office?

    Still, good luck dealing with the Kuntz!

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  • Mary

    I’d do the same thing you did — I’d tell him I’d call my attorney and get back to him. Scary to Big Brother come knocking on your door like that….

  • USAir guy

    I am with Grant Richie – tell them I gave it to you too.

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  • Ovcatto

    Dear Chris,

    Just a few words of advice.

    You can listen to most of the comments or you can reflect on the experience of Judith Miller, which by the way, none of your supporters will have the opportunity to experience for you. There are no Federal shield laws for corporate journalist even with deep pockets and legions of lawyers on retainers, much less a blogger.

  • Bobby W

    These people are schizos.

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  • peter

    If President Obama has 100% confidence in Janet Napolitano, then I have 0% confidence in him. Chris, please organize a petition to escort miss Napolitano toward a forced resignation. It’s time that DHS is headed by someone who has a set of qualifications and a brain to match the demands of the job. The ignorance, incompetence and now the silencing penalty against the press is begging for a grassroots pitchforks and torches revolt to force these fools to step down before more people die due to their ineptitude.

  • Winter Plimsoll

    You have to realize that Islamists are not the enemy to them. They don’t want to offend them.

    YOU are the enemy. You embarrassed their incompetent bureaucracy. Watch your back.

  • Rick

    Given the circumstances, don’t you think it is reasonable for them to obtain this information? Normally I would say too bad, but anybody leaking security information which is usually classified, may have leaked it because they wanted it known by their terrorist friends. That would be treason, and it is important to identify the leak before they can leak more sensative information.

    If you really want to make a political statement, then give them the information they ask for, and attach a civilized threat to it, such as threatening to go public with all data and material.

    I honestly dont think they want anything other than to secure a potential serious security leak.

  • John

    But, Christopher, this supboena wasn’t issued by a Court.. it was issued by a government agency?? What gives? What did your lawyer say?

  • Bear

    Not satisfied with trampling on the rights of traveling Americans and shredding the Constitution and the rights guaranteed to us under the Fourth, Fifth and Fourteenth Amendments, now the TSA wants to go after the FIRST Amendment? They want to silence the press? They threaten a JOURNALIST for publishing less than flattering remarks about them? Gee, I guess me calling the TSA “The New American Gestapo” is even more appropriate.

    These people don’t keep us safe, they create and maintain a climate of fear. As long as that fear is maintained, it justifies their existence. It’s time for that fear to END.

  • Scott Johnston

    Count me in for a donation. Heck, this is BS, we live in a free country. I will take up arms to defend the freedoms that were given to me by creator.

  • http://www.LisaNikole.com Lisa b

    I’d contact the person who gave you the information and ask them what they think, of course you know your phones are being monitored right? That lawyer may also be a good idea.

    I have to thank you for what you do for me and the countless other photographers as we travel and keeping us up to date on what is happening, what we can and what we can not do. I hope this continues throughout 2010. I’d rather read it here then call an airport and get 200 voice-mails and fly uninformed!

    LB

  • Paul

    Hi all,

    SA Flaherty is answering his phone. I just called him up to express my disappointment that they are attempting to stifle free speech. He was quite polite. Perhaps others would like to register their complaint with the way government agents harassing citizen journalism. This is a rather important issue I think. SA Flaherty’s number is included in the subpoena.

    Paul

  • Sailor

    I wonder if the fact of this blog being read by tens of thousands of people had anything to do with Mr. Flaherty using ‘sir’ a lot?

    I would sit down and watch “Nothing But`the Truth.”

    Sailor

  • Anonymous

    Tell the TSA to go F*** themselves, smash, burn, and dispose of your Hard Drive or anything else that IDs the source, replace the HD with Windows 98 on it, talk to an attorney, let the attorney fight it out for you, and prepare to go to jail for a year because YOU SHOULD NOT REVEAL YOUR SOURCE!!! If you squeal, then you’re a bad journalist. Never give up your sources!!

    Likewise, it’s time you understand what it means to be ANONYMOUS when you do something like what you did. Which BTW, is awesome! Good for you to expose the real TERRORIST of the TSA and DHS. Both formed under Bush to continue his reign of terror.

    Fight the good fight, protect our rights and yours!

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  • Hutz

    Woah. Ignoring the fact that there is no current Administrator of the TSA (appointment pending), this was signed by Department Counsel? Was there or was there not a judge who approved this subpoena?

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