Thank you.
To the casual observer, here’s what the events of the last few days probably looked like: I got a subpoena from the Department of Homeland Security, I called my lawyer, refused to give up the name of my source(s) and the government caved in. But appearances can sometimes be deceiving.
Behind the scenes, I had a team of friends, allies and advisers who helped. I’d like to thank them publicly.
My lawyer Anthony Elia was my first call and flawlessly handled this case from start to finish. He was supported by a team of attorneys from the Electronic Frontier Foundation and The Reporters Committee for Freedom of the Press. A special thanks to Mark Holscher, who offered some early and critically important legal advice.
I’m also very grateful to my current clients, including National Geographic, The Washington Post and MSNBC. Although I didn’t publish the security directive on their behalf and technically wasn’t entitled to any protection by their legal staff, they were deeply concerned about the Department of Homeland Security’s actions. They also had my back. That was reassuring.
I’m reluctant to name all of the bloggers who came to my aid (I’m afraid I will miss someone). Ditto for all my friends on Twitter who immediately retweeted my posts about being served. I’m so thankful for each and every one of you for your interest and concern. Without your support, I couldn’t have made it through the last few days.
I also wanted to mention a few people by name.
• Judy Miller, who covered this story for FOX News. Miller spent 85 days in jail for refusing to testify before a federal grand jury investigating a leak naming Valerie Plame as a covert CIA agent in 2005. Talking with her about my options was very helpful. After my ordeal, I share her desire to pass a federal shield law for journalists.
• Steve Frischling, the other blogger served with a subpoena. Our many conversations during the last few days have kept me halfway sane. It was reassuring to know that I wasn’t alone in this predicament, although I think the DHS didn’t do itself any favors by treating Fish like a criminal. Something tells me they haven’t heard the last of him.
• Special Agent Robert Flaherty of the Department of Homeland Security, who served me with the subpoena. He was a true professional. What’s more, the kids thought he was cool (well, he had a badge) and our normally shy cats took a liking to him. My three-year-old daughter even asked us after his visit if “grandpa” was coming back (my answer: “I certainly hope not, dear”). Agents like Flaherty make DHS look good and they give me hope that the TSA can find its way once again.
Last, but certainly not least, I’d like to thank the readers and underwriters of this site for their steadfast support. You are the best.
And to my family, who lost their Daddy for a few days in subpoena-land: Kids, I’ll make it up to you this year. Promise.
(Photo: Ali A/Flickr Creative Commons)
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{ 37 comments… read them below or add one }
Maybe the TSA asked the NSA for transcripts of your recent phone calls and emails and found the name of your source(s) that way. Don’t think this can’t be done technically. Our main protection these days is that the NSA doesn’t like to share squat with other Feds.
See people, it was the Liberal media who helped get him out of this mess, people close to Obama. (MSNBC & WAPO), so stop your crap about how the Obama admin was going after him, it was the Bush era policys that got him in any trouble
Glad that ordeal is over for you Chris. I think it’s understatement to say that it must have been a nasty ordeal. All the best for 2010.
Hi Chris-
Just wanted to let you know I was following along and am very happy that this is over now. You must be so relieved. I can’t begin to even imagine…
Happy 2010. Please go take a few days off!
Lisa
I’m still so happy this was resolved appropriately for you! Happy New Year to you and your family!
Happy New Year and a Prosperous 2010. It is good that this ordeal ended so quickly. You and Fish were within your rights and most of the aviation community supported what you did.
EVER so happy to read this, Chris! Now go hug your darling children and take a few days OFF from thinking about this. The happiest of New Year wishes to you!
Chris – I followed your predicament with great interest and to be honest – disbelief (from the cold confines of western Canada). There’s something wrong with the apparatus that apparently allows ~alleged~ Yemenis terrorist(s) to board US bound aircraft, while resources are wasted persecuting flag waving citizens. Hopefully your situation will bring some progress.
All the best in 2010!
Happy New Year Chris!
So glad to see that this ugly ordeal is behind you now. What a crazy couple of days for you and Fish. I certainly hope he follows through with some legal action for the way the TSA mistreated and bullied him.
All the best in 2010!!!
Andrew
From a layman, some comments:
Congratulations for your well-deserved victory in handling this matter correctly.
Your colleague Frischling did not. He unnecessarily spoke with the TSA agent, allowed him inside, answered questions, and voluntarily gave up his computer. Doh!
Frischling had until 31 December to comply with the subpoena.
He should have used it, instead of caving out of fear and ignorance.
My policy is:
NEVER CONVERSE WITH THE POLICE OR FEDERAL AGENTS.
NEVER ALLOW THEM INSIDE THE HOUSE.
Whatever action police have the lawful authority to do, they can and will do it without your cooperation. So, let them . . . while you SHUT UP.
I wrote a very handy book on this type of scene.
If you don’t know your rights, then you effectively have none.
You & The Police!
http://javelinpress.com/you_and_the_police.html
http://www.amazon.com/You-Police-Kenneth-W-Royce/dp/1888766093/ref=pd_sim_b_1/191-0086089-0734711
Glad to see this is over. Been following you for a number of years and enjoy your commentary.
Happy New Year to you and yoru family!
Chris,
Please don’t let this issue fade into the spot light. Use the media attention to join hands and pressure Congress to pass a VIABLE and STRONG version of shield. This incident will only be repeated in the future by some other agency if journalists are NOT PROTECTED. For your readers, the press, etc KEEP THE PRESSURE ON.
Shield is important and WE NEED SUCH A LAW! Seeing how you’re the man of the hour, you can use your clout and new found press to help make some changes!
Chris,
I’m glad to hear that this problem has gone away, but sorry to see that you and your family had to deal with all of this grief. I’m glad you had all the help that you did, it is not something you’d want to tackle alone. I hope 2010 turns out to be a banner year for you and your family. Thanks for all of your hard work and Happy New Year.
Well it sure has been an interesting New Year’s for you. Am glad the kids were not frightened. Stay strong and keep up the accurate and factual reporting you do for all things tourism.
Best wishes and a belated Happy New Year to you, Chris. Way to stay classy re: Agent Flaherty in this post as well. You’re a pro.
Way to go Chris!
I think I got to obsessed with this story and last night I was finally able to get a good night of sleep knowing you “won!”
As an aviation blogger, this story hit close to home and I would cheer you and Steven on with every new media outlet covering it.
I also want to thank your professionalism, giving compliments to the agent. It is a good reminder there are great and wonderful people who are a part of the TSA, even if we don’t agree with all the policies.
Have a happy new year!
David
I heard it suggested that TSA was most concerned not about the temporary security measures which were *read* aloud to passengers, but the memo itself, which referred to the Dec 25 attack as a “terrorist event” – which was off the (odd and defensive) message the agency put forward in public.
This is a victory for the Information Age, which, on most days, is the only thing standing between you and whatever latest repressive regime is currently in the Marble Playpen in Washington, DC. The ability for an average citizen to use the internet to keep light shining on the Feds is a triumph of the age.
Glad to hear you are in the clear and I hope that you will continue to speak up and protect the traveling public. Hopefully this incident will grow the support for a federal shield law which is much needed in this new age.
I’m so glad that freedom of the press prevailed and that there are still people willing to stand up for it as a right. We need a shield law so badly.
I’m glad this worked out well for you, and more importantly, that you stood up for your constitutional rights as a journalist. Like David, I also want to thank you for the professional manner in which you conducted yourself throughout this ordeal. Too often, we hear how members of the press/celebrities become indignant or just plan act like a-holes when they have a run-in with the federales. It was refreshing to see someone handle things the right way, by being courteous and professional to the DHS agent, and getting your colleagues and attorney involved to think through the situation and come up with the right response, instead of just engaging in a knee-jerk reaction. Thanks for setting a great example for the rest of us if we should ever find ourselves in a similar situation.
I see the nasty experience like a trigger for a turning point to your career. May be it will expand the scoop of your advocacy… some years from now I might see Elliott the civil right defender.
All we could say was “Alleluia, Chris Elliott!” There is a heaven above. We can not begin to imagine the stress you and your family have endured these past days. But you maintained your professionalism and showed your true classy colors through it all. We all breathe a sigh of relief that this threatening cloud of misplaced paranoia has drifted elsewhere at least for now. A federal journalist shield law is long overdue. Happy, happy 2010 to you and yours!
Ann L.
Happy new year, Chris! I’m glad this stress won’t continue into 2010 for you.
@Kenneth To be fair, Frischling did speak to an attorney before he gave up his computer. Also, he didn’t know who his source was so arguably he had no obligation to them. You only have an obligation to protect a source’s anonymity when you’ve promised anonymity to that source.
Chris,
Chalk one up for the good guys. You’re my hero. Like someone said in a previous comment if government agents such as the police, FBI, NSA, DHS and CIA ask for informationthey will do whatever they want just to get their information with or without a subpoena. And I’m sure sometimes these people will use tactics that are often used at Guantanamo Bay and the former Abu Ghraib. So, the whole point I’m trying to make is don’t give in to the authorities without a fight beacause we as Americans have already lost most of our civil rights/liberties to the government. The terrorists are sitting back and laughing at us since the only people — 99% of the time — that are harassed, felt up, violated, and yelled at are ordinary folks who go about their business every day. Thanks TSA (The Stupid A**holes). Just go ahead and keep on harassing that young family with a baby or the grandmother and grandfather who are coming to see their grown up kids and grandchildren. No to body scanners. Chalk up another loss to civil rights.
Regarding the new 60-minute “stay in your seat” restriction, wouldn’t the average terrorist arrange to create his chaos 61+ minutes prior to landing? Is our Department of Homeland Security that dense to create another rule to close the barn door after the cows and horses have departed? Yes, apparently.
Also, passengers jump through hoops without complaint daily to prove that they are not carrying bombs or parts to the secure area. But how many times have you seen cars, trucks, or motorcycles in secure areas, ostensibly because a local dealership is paying the airport authority a monthly placement fee? These vehicles contain battery power, wires, and fuel. Isn’t this what the TSA is attempting to keep out of the secure area. Let’s wake up!
Glad it went away!
Now people should chip in like they pledged and help you with your legal bills.
Happy New Year!!!
Chris, you truly are a hero for the fine example of professionalism you set for us all. Thanks for naming your sources of support!
Glad the immediate pressure is off BUT this does, as others have pointed out, remind us of the need for a shield law for journalists. Too much stuff happens under the cover of “Terrorism”. Trained as a journalist in my salad days, working on the fringes of law enforcement (Probation officer) during the main course, and a traveler in my dessert years, I can attest to the actions that occur with insufficient information. Continued best on dealing with this near disaster. Namasté!
Chris,
Glad you stared down the feds. And your children are so beautiful. As the father of two grown boys, they are the raison d’etre of life.
Thank you in the spirit of Ben Franklin: He who sacrifices freedom for security deserves neither.
And for being living proof of both courage and a commitment to The First Amendment where “Congress shall make no law … abridging the freedom of speech, or of the press; …”
A Christmas gift to us all.
AnnaI’s post was a good reminder, as I had meant to help with legal bills but got distracted. I was explaining to my husband about the charge he was going to see on the next bill, when my mother came into the room and wanted an explanation. Besides the explanation, I told her that Chris had helped me head off a potential problem with a recent flight of hers. My mother, a journalism major from 57 years ago, says thank you, and that while she cannot contribute, she can and will contact her Congressmen and ask that they support the shield law for journalists. As will I and my husband. Many thanks on many different levels to Chris.
Chris,
I read your posts religiously, and am thrilled that you are off the hook. The information you provide should be made available to the traveling public and does far more good than posing risk. However, I have to take exception to one thing you mentioned in passing. While I, in the abstract, agree with the concept of a federal shield law for journalists, I worry about giving an all encompassing “pass” for journalists, or anyone else for that matter to release information that might at times be better left alone. I don’t find Judy Miller’s actions in outing an active CIA operative in the field and putting a life at risk to be commendable in the least. It isn’t news, and it isn’t in the public’s best interests and it certainly isn’t information the average person needs to know. A shield law shouldn’t be used to allow irresponsible behavior or put lives at risk in the alleged interests of full discolosure. I don’t find your circumstances and those of Ms. Miller to be all that parallel, but, again, I’m glad this ordeal is past for you and your family and hope that 2010 will continue on a more even keel.
Chris -
I’ve been off the grid for a few days and had no idea this was happening! I am so happy this turned out the way it did. Bravo! And my thanks to to everyone who helped; Chris is the best!
Happy New Year!
Chris, glad to hear this has been resolved. You know I work for a newspaper, so I’ve been interested to see the outcome, not only for your sake, but also for the sake of the First Amendment. Those of us who are U.S. citizens have a constitutional right to see that TSA document, in my humble opinion. The TSA just didn’t want anyone seeing it. Transparency in goverment, my fat Aunt Harriett. Doesn’t matter who’s in office.
I’ll certainly write my Congressional reps and ask for a shield law for journalists. And I’m glad the DHS agent was professional and courteous. I’m also glad your attorney and the folks at NatGeo, Washington Post and MSNBC were in your corner. Having friends in high places does help, sometimes.
Keep giving ‘em holy what for, Christopher. Take care, God bless and Happy New Year!
Chris, we need more journalists/bloggers like you. You are a brave man.
I am glad it is over (I hope) but hopefully we all understand that it should not only be Chris fighting for everyone’s rights but all of us should be raising our voices if there are concerns of the government stepping over the line and trying to take our rights away!
Thanks Chris!
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