Liberty Guard, represented by attorney Andrew McFarlane, is suing the TSA over lack of compliance with Freedom of Information Act requests. The court filings are here.
Liberty Guard maintains that the TSA has violated the FOIA by failing to provide all the documents and a “Vaughn” index of those documents as requested.
What the plaintiff sought, and the TSA failed to provide were:
…any documents [the TSA has] which contain any and all Administrative Directives or Memoranda from either the TSA and/or the DHA or any component thereof, from November 5, 2010 to November 29, 2010, pertaining to instructions to staff, employees, or supervisors that affect the public when members of the public are asked to submit to full body scans or “pat downs” while attempting to board aircraft, which have been adopted by the TSA or DHS. [Plaintiff] also request[s] any documents which discuss the aforementioned issue and contain the terms “national opt-out day,” “Bob Barr”, “Opt Out Alliance”, “Liberty Guard”, “John Tyner”, “George Donnely”, “wewontfly.com”, “domestic extremists”, “drudgereport.com”, “Matt Drudge”, “prisonplanet.com” “Alex Jones” and any other term or proper name germane to the aforementioned terms and matter.
The original FOIA request was based on the observation that the TSA changed its security procedures in response to an organized “National Opt-Out Day” and, in doing so, provided proof that some of its most invasive techniques are pure theatre.
Shiny Badge will update this story as the case progresses. Note that discussing this particular lawsuit doesn’t imply any specific Shiny Badge endorsement of “Liberty Guard” or related organizations.