The White House nominee to lead the Transportation Security Administration gave Congress misleading information about incidents in which he inappropriately accessed a federal database, possibly in violation of privacy laws, documents obtained by The Washington Post show.
The disclosure comes as pressure builds from Democrats on Capitol Hill for quick January confirmation of Erroll Southers, whose nomination has been held up by GOP opponents. In the aftermath of an attempted airline bombing on Christmas Day, calls have intensified for lawmakers to install permanent leadership at the TSA, a critical agency in enforcing airline security.
Southers, a former FBI agent, has described inconsistencies in his accounts to Congress as "inadvertent" and the result of poor memory of an incident that dates back 20 years. He said in a Nov. 20 letter to key senators obtained by The Post that he had accepted full responsibility long ago for a "grave error in judgment" in accessing confidential criminal records about his then-estranged wife's new boyfriend.
His letter to Joseph I. Lieberman (I-Conn.), chairman of the Senate homeland security committee, and Susan Collins (Maine), the ranking Republican on the panel, attempts to correct statements about the episode that were made in a sworn affidavit on Oct. 22 and have been reported.
Southers did not respond to a request for an interview.
'A serious error'
Southers's admission that he was involved in a questionable use of law enforcement background data has been a source of concern among civil libertarians, who believe the TSA performs a delicate balancing act in tapping into passenger information to find terrorists while also protecting citizens' privacy.
Southers first described the episode in his October affidavit, telling the Senate panel that two decades ago he asked a San Diego Police Department employee to access confidential criminal records about the boyfriend. Southers said he had been censured by superiors at the FBI. He described the incident as isolated and expressed regrets about it.
The committee approved his nomination Nov. 19. One day later, Southers wrote to Lieberman and Collins saying his first account was incorrect. After reviewing documents, he wrote, he recalled that he had twice conducted the database searches himself, downloaded confidential law enforcement records about his wife's boyfriend and passed information on to the police department employee, the letter said.
It is a violation of the federal Privacy Act to access such information without proper cause. The law says that "any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000."
In his letter, Southers said he simply forgot the circumstances of the searches, which occurred in 1987 and 1988 after he grew worried about his wife and their son, who had begun living with the boyfriend. The letter said: "During a period of great personal turmoil, I made a serious error in judgment by using my official position with the FBI to resolve a personal problem." He did not specify the data system he accessed.
"I am distressed by the inconsistencies between my recollection and the contemporaneous documents, but I assure you that the mistake was inadvertent, and that I have at all times taken full responsibility for what I know to have been a grave error in judgment," the letter said. "This incident was over twenty years ago, I was distraught and concerned about my young son, and never in my career since has there been any recurrence of this sort of conduct."
Partisan divide
Southers's nomination has been delayed by partisan bickering. Though two Senate committees have endorsed him, and he received recommendations from other law enforcement officials, Sen. Jim DeMint (R-S.C.) recently held up his approval because of concerns that Southers would support the unionization of TSA workers.
White House spokesman Nick Shapiro defended Southers and said the changes in his account should not affect his nomination. "Southers has never tried to hide this incident and has expressed that these were errors he made in judgment that he deeply regretted and an error that he made in an account of events that happened over 20 years ago. Senators Lieberman and Collins were satisfied with Southers's letter and voiced their support for him. Southers's nomination has not been held up over this as he has been entrusted with significant and increasing responsibilities in the area of homeland security over the years since, but he is being held up by Senator DeMint over a political issue," Shapiro said.
A spokesman said Senate Majority Leader Harry M. Reid (D-Nev.) will work quickly to overcome DeMint's procedural block and force a vote when the Senate reconvenes this month.
People involved in the vetting process for Southers debated the significance of the change in his account. But they concluded that he was still a good choice. In a statement, a spokeswoman for Lieberman said the senator "believes that Erroll Southers is an outstanding candidate to lead the TSA. Twenty-two years ago, Mr. Southers committed a serious error in judgment. He admitted that error and was disciplined for it."
"Mr. Southers was forthcoming about his past censure during his nomination process and about errors he made in recalling the details," the statement said. "Senator Lieberman is satisfied that the totality of Mr. Southers' career more than qualifies him for the position to which he was nominated."
Security vs. privacy
Civil liberties specialists said that the misuse of databases has been common among law enforcement authorities for many years, despite an array of local, state and federal prohibitions intended to protect personal information. Studies have found that police at every level examine records of celebrities, women they have met and political rivals. Some federal authorities have been jailed for selling records to criminals.
Americans seem willing to trade information for more security, but only if there are clear limits on how the information is being used. Several ambitious security programs, including one for aviation screening called CAPPS II (Computer Assisted Passenger Pre-screening System), were sharply curtailed when passengers and Congress concluded that the databases were too intrusive and not properly overseen. The same thing could happen now, after the attempted bombing on Christmas Day, if travelers lose faith in the TSA's ability to protect information about them, said Michael German, policy counsel at the American Civil Liberties Union and a former FBI special agent.
"They're saying we have to do it harder and more," German said about the push now for more data surveillance. "The government can only succeed if they have the confidence and support of the American people. Once that confidence is diminished, the government will be in a much tougher position."
In questioning before the Senate Homeland Security and Governmental Affairs Committee, Southers has said he understands the need to balance security and privacy. Said Collins: "You have taken responsibility for your actions. You've acknowledged your mistake in the personal conversation that we had in my office. It is important that the public have confidence that government officials will not misuse the authority that they have."
She added: "If you're confirmed, you're going to have the access to databases that have personal information on many, many individuals, such as through the secure flight program, and it's going to be important for the public to have confidence that you would not, in any way, misuse your access to the personal information in those databases. So, let me first ask you: Have you ever in the past misused your access to databases that the government maintains, other than this one incident that led to this censure?"
"No, Senator, I have not," Southers replied.
Collins continued: "Do you commit today that you will respect the privacy and civil liberties concerns that people have with regard to the personal information in those databases?"
Rasmussen's health-care polling results since Senate Majority Leader Harry Reid orchestrated the Christmas Eve vote are full of undeniably bad news for Democrats. In roughly ascending order of bad news (if one is a Democrat)...
Likely voters oppose Obamacare by more than the (18-point) margin by which Ronald Reagan beat Walter Mondale: 58 percent to 39 percent.
There are far more likely voters who "strongly" oppose Obamacare (46 percent) than there are likely voters who support it even "somewhat" (39 percent).
Only 24 percent of likely voters think that the quality of health care would get better under Obamacare, while 54 percent think it would get worse -- a gap of 30 percent.
Only 13 percent of likely voters think that the cost of health would go down under Obamacare, while 63 percent think it would rise -- a gap of 50 percent.
Seniors oppose Obamacare by more than 2 to 1: 63 percent to 31 percent.
And the worst news of all for Democrats...
Independents oppose Obamacare by the head-turning tally of 66 percent to 28 percent.
Lest Democrats try to console themselves with the thought that perhaps Rasmussen has got it wrong, CNN's latest poll, from just a few days before the Christmas Eve vote, showed Americans opposing Obamacare by a similar tally: 56 percent to 42 percent.
Posted by: Fred ||
01/01/2010 00:00 ||
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11 months and counting...
Pray and stand strong
Posted by: Mike Hunt ||
01/01/2010 23:45 Comments ||
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In 2005, Rep. John P. Murtha announced here that a technology firm was moving into an abandoned plate glass factory. Best of all, he promised, the new firm would generate 140 jobs.
The Pennsylvania Democrat steered $150 million in defense money to Caracal Inc., along with a $3 million grant for factory renovations. "Today's ribbon-cutting ceremony is yet another indication that our investment in this region's economic revitalization is paying off," he said that day. But Caracal never created the jobs the congressman touted. The firm peaked at 10 employees and then folded in early 2008. Once its Murtha-engineered Navy contracts ended, the company could not survive.
Murtha, 78, the chairman of the House Appropriations defense subcommittee, has been dubbed the "King of Pork" because he is the House member with the most requests for earmarks, funding added by lawmakers without going through normal reviews. Murtha has defended the practice as a way to create jobs in this hard-hit former coal-mining region.
"Let me tell you: We look at jobs. How do we attract jobs?" he said. A Washington Post analysis of Murtha's earmarks, however, shows that his job promises often come up short. Of 16 local companies the congressman has helped win federal earmarks, 10 have generated far fewer jobs than forecast, and half of those already have closed operations in his district. Murtha's strategy yielded some successes too. Four firms have expanded dramatically with the aid of earmarks, notably Concurrent Technologies Corp., which after more than a dozen years of earmarks has grown to employ 800 in Johnstown and now wins competitively bid contracts.
Posted by: Fred ||
01/01/2010 00:00 ||
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The most important question for Murtha is, how can he get re-elected? Nothing else counts.
#2
...well that and the size of his 'reelection fund' which is convertible when he 'retires'. I suspect its growth well exceeded Wall Street returns for the last few years.
Heads are set to roll in the U.S. intelligence community as an angry Barack Obama fends off criticism over the attempted bombing of a passenger plane on Christmas Day.
Publicly the White House is standing by the top spymaster in the U.S., intelligence chief Admiral Dennis Blair. The four-star admiral, who is responsible for coordinating intelligence gathering between 16 agencies, has the full confidence of the president, aides are insisting.
But speculation was rife that Blair or Homeland Security Secretary Janet Napolitano could be forced to resign after Mr Obama said on Tuesday there had been a systemic failure by the country's security agencies to prevent the botched Christmas Day attack. Napolitano has been lambasted by Republican critics, and in the media, for initially saying the air security system worked. She quickly back-pedalled, claiming she had meant the system of beefing up measures worked after the incident had occurred.
White House spokesman Robert Gibbs said Napolitano had the president's support, and Obama referred to her in his public comments on Tuesday, supporting her statement that correct actions were taken after the attempted attack.
She's next under the bus. Blair hasn't said anything stupid publicly so he's safe for now.
Posted by: Steve White ||
01/01/2010 00:00 ||
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Napolitano threw herself under the bus. She stood in front of the American public and showed her stupidity. She should be ashamed and resign.
Posted by: 49 Pan ||
01/01/2010 1:04 Comments ||
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Your grade was not given to you for your homework. It is because you failed your first final exam. We gave you an overwhelming grade of F. Professionals up and down the chain were confounded and left dazed from the foolish drivel you presented. "correct actions were taken after the attempted attack." We do not really focus our executive ability on the clean up aisle. We place stock on those who can prevent the blind lady from driving a shopping cart into the shelf of Top Ramen. Visa privileges are important Mrs Suit Pants. Why did that man have a Visa from Your state department.
This lemmings exercise in this political class has just ended. Consider you "my" political class under indictment. I have the photos, you have a teleprompter
#5
so far Hillary and the State Dept has gotten a 'no blame' card for this
I waiting for someone from DHS to point this out.
Posted by: lord garth ||
01/01/2010 8:20 Comments ||
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#6
Heads are set to roll in the U.S. intelligence community...
Compare and contrast to the Fort Hood jihadist who did kill. Was General Casey's hand wringing any less distasteful than Napolitano's? Gun down soldiers in garrison, let's not take heads. Potentially do another plane take down, head to roll [maybe].
She's a DemoncRat - they don't know how to feel shame.
Posted by: Barbara Skolaut ||
01/01/2010 10:24 Comments ||
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#9
Regardless of whether heads roll, or what orders Obama issues, our primary counter-terrorism strategy -- Political Correctness -- will remain firmly in place. We can't go against our Religion.
Posted by: Number 673927 ||
01/01/2010 10:33 Comments ||
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#10
Well, it's Friday and a holiday, making it a damn good time for the 0bama administration to fire someone.
#11
Hillary would only be brought into play by the media. Blaming the biggest bully on the block would not be a good strategy for Napolitano.
The delay in fingering a patsy is probably taking advantae of the holiday lull to see whether the blame Bush strategy will stick. Polling data trends will determine how many and which heads will roll.
I would never assume that Napolitano will be sacrificed. Think of Janet Reno.
Posted by: Super Hose ||
01/01/2010 13:42 Comments ||
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#12
Blair will be the 'goat.' Musn't upset the illegal amnesty train by drop-kicking O's Poster girl. Plus Blair is retired military. That alons should be enough to earn him the (not-so) coveted Grayhound Golden Wrench Shoulder Patches....
I have obtained a copy of Bloombergs secret Blueprint for Federal Action on Guns which is really a blueprint for how the Obama Administration can screw gun owners without needing anything from Congress.
This was the infamous 40 recommendations that the Washington Post reported on a few months ago. It this document doesnt convince you that MAIG (Mayors Against Illegal Guns) is a significantly more serious threat than any other gun control organization out there, nothing will.
Whoever wrote this knows ATF very well, and understands federal gun laws well enough to know how to effectively make changes using only administrative and regulatory changes, which do not require action from the US Congress.
While some of the 40 recommendations are not objectionable, quite a number of them are. Let me go down the list and pick out some of the worst offenders, and this is by no means a comprehensive list. Look at the document yourself to find others:
Require REAL ID compliant identification for all gun purchasers. Those in non-complying states, which are many, will no longer be permitted to buy firearms.
Recommends a ban on the importation of all non-sporting firearms and ammunition, and specifically calls for banning the FN Five-Seven. Kiss cheap imported rounds of military caliber goodbye. Maybe kiss Glocks goodbye too. MAIG isnt all that specific on what would be sporting or non sporting. Also note that MAIG can no longer claim they do not advocate banning guns. They do.
Calls for keeping records for people who get a NICS default proceed, which means your background check has not cleared but you went through the required three day waiting period. These records can be kept for up to 20 years, in the case of someone whos name matches someone on the terror watch list and six months ordinarily. Default proceeds can happen if NICS has incomplete records, or the system is down for a protracted period of time.
Calls for more enforcement of gun shows using the Richmond model. The techniques used at the Richmond gun shows were bad enough that Congress held hearings about the methods, and demanding ATF put a stop to them.
Recommends ways for the administration to exploit loopholes in Tiahrt to publish information on problematic gun dealers (so they can be sued by New York City, no doubt). As weve pointed out on this blog before, having a lot of traces doesnt necessarily mean a dealer is breaking the law.
Lots of recommendations for new record keeping requirements on the part of FFLs
Requiring placement of alternate serial numbers of every newly manufactured gun, and requiring serial numbers to be deeper and larger. Also require that a consistent serial numbering scheme be adopted across all manufacturers and importers.
Asks ATF to promote MAIGs Responsible Dealer Partnership Program that they foisted on Wal-Mart, much like they do with NSSFs Dont Lie for the Other Guy. They imply NSSFs program does not go far enough.
Asks the CPSC to mandate gun safety lock standards. Gun dealers are required to provide these, but many gun owners are older, or younger, and do not have children. This would be a way to add substantially to the cost of a firearm, if a 30 dollar lock needed to be included with each sale.
Extend the multiple purchase reporting requirement to long guns, especially ARs, 50 caliber firearms, and Kalashnikov variants. MAIG is not very clear on this, and I think it would be difficult for dealers to keep track of the current state of regulation.
Specifically calls for the Stinger Pen Gun to be reclassified as an AOW. I had never heard of this before, but I guess it really pisses off someone in the New York Mayors office, which is a good enough reason, if any, to go buy one.
#1
A lot of stupid proposals that were they to become law would made to be broken and ignored.
Call it what it is: Citizen disarmament laws.
The anti gun people have been trying to split gun owners between those who hunt and those who fear a bloated and overreaching federal government, and the crime which inevitably follows.
Both are citizens and both currently have the Constitutional right to own weapons, but it is the purpose for which guns are owned that the government is trying to bifurcate: trying to extoll in a backwards way hunting, while placing a stigma on those who own weapons for protection.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
Rasmussen's health-care polling results since Senate Majority Leader Harry Reid orchestrated the Christmas Eve vote are full of undeniably bad news for Democrats. In roughly ascending order of bad news (if one is a Democrat)...
In 2005, Rep. John P. Murtha announced here that a technology firm was moving into an abandoned plate glass factory. Best of all, he promised, the new firm would generate 140 jobs. 
Heads are set to roll in the U.S. intelligence community as an angry Barack Obama fends off criticism over the attempted bombing of a passenger plane on Christmas Day.
