U.S. Department of Labor | OSHA
1099 Winterson Road, Suite 140
Linthicum, Maryland 21090
Phone: (410) 865-2055/2056
(410) 865-2068 FAX
Whistle Blower Protection for Seamen
46 U.S.C. § 2114
COMPLAINT NO. 399042
I have already emailed this complaint to the U.S. Department of Homeland Security and the U.S. Coast Guard. It’s only fitting that I post it to here for all to see.
Because BATF and TSA are now considered as rogue agencies for their failure to appear at congressional hearings and because of the information I present below on the fraudulent TWIC Program it is my duty as a U.S. citizen to report the waste and fraud being pushed on the American people by DHS, USCG, TSA, and NMSAC. Government bureaucracy and lobbyists will compell the propulsion of the TWIC Program in defiance of all fiscal sanity and fidelity to the Government’s Oath of Office to support and defend the Constitution. The TWIC Program is and will waste billions of dollars and will accomplish nothing. The biggest question that deserves and FBI investigation for extortion and racketeering is why was it necessary to push the TWIC Card to the mandatory purchasing when the TWIC Card Readers were still in the R & D stage! That’s a scam if I ever saw one! Especially so when TSA officials refuse to appear before a congressional hearing to explain themselves! The Chairman and members of NMSAC they would recommend abolishing the TWIC Program like a hot potato! It’s infuriating!
CAVEAT: In any future discussion of restoring Second Amendment rights for U.S. merchant seamen, by necessity and by federal laws, such discussions will require coordination and collaboration with BATFE. The danger here is how severely will BATFE sabotage the restoration of Second Amendment rights as they have sabotaged their authority and trust as an agency of the U.S. Government.
The Rep. John Mica, Chairman, House Transportation and Infrastructure Committee invited TSA chief John Pistole and TWIC program manager John Schwartz to testify on TSA and FAA failure to produce workable biometric TWIC cards for air crews and port workers. The hearing, titled Biometric IDs for Pilots and Transportation Workers: Diary of Failures, scheduled April 14, 2011. As you can see from the Pistole and Shwartz links above neither one of them showed up to give their testimony. REMEMBER? John Schwartz appeared and spoke to the NMSAC committee on the morning of April 12, 2011. But John Schwartz didn’t appear for a congressional hearing? What are they hiding? Are the hiding waste and fraud?
BATFE FAILURE TO APPEAR AT CONGRESSIONAL HEARING!
See, House Committee on Oversight & Government Reform, Chairman Issa Chastises ATF for Refusal to Comply with Subpeona, April 20, 2011. See Rep. Issa’s 6-page letter to Mr. Kenneth E. Melson, Acting Director, BATFE, dated April 20, 2011 with 11 redacted evidentiary Attachments (total 42-pages, including the letter):
“The Department’s internal policy to withhold documents from what it labels pending criminal investigations may not deprive Congress from obtaining those same documents if they are pertinent to a congressional investigation – particularly in a matter involving allegations that reckless and inappropriate decisions by top Justice Department officials may have contributed to the deaths of both U.S. and Mexican citizens,” Chairman Issa wrote in citing Supreme Court precedents and previous Congressional investigations. “Let me be clear … we are not conducting a concurrent investigation with the Department of Justice, but rather an independent investigation of the Department of Justice – specifically, of allegations that the reckless and inappropriate decisions of Department officials have created a serious public safety hazard. We are asking for documents that relate to decisions such officials made. Congress is legally entitled to all of these documents.”
IS NMSAC FOLLOWING THE SAME “GROUPTHINK” PATH
AS THE BATFE WITH THE TWIC PROGRAM?
See also, R.G. Edmonson, Lawmakers Investigate Biometric ID Failures: TSA Officials Snub Transportation Committee Hearing on Worker Credentialing, The Journal of Commerce Online, April 15, 2011:
Transportation Security officials were no-shows at a hearing Thursday on transportation worker credentialing, but Rep. John Mica, R-Fla., chairman of the House Transportation and Infrastructure Committee said he would find other means to compel their testimony.
The hearing was to examine a “diary of failures” in efforts by the Transportation Security Administration and the Federal Aviation Administration to produce workable biometric identification cards for air crews and port workers.
TSA has issued some 1.6 million Transportation Worker Identification Credentials since 2007, but missed an April 2009 deadline for deploying electronic devices that would read fingerprint data embedded on the card. TSA also has not published a final rule outlining the technical specifications for the reader.
The committee noted that in six years the FAA has yet to issue photo/biometric cards for pilots. Margaret Gilligan, deputy administrator for aviation safety, told the committee the agency hopes to have a final rule for the credential within a year.
The committee invited TSA chief John Pistole and TWIC program manager John Schwartz to testify. Mica said he was disappointed they did not appear. He said he would consult with the House Homeland Security Committee and Oversight and Government Reform Committee, of which he is a member, to find a way to force TSA testimony.
“I can assure you that we will have TSA testifying … at a joint future hearing to again try to get some responsiveness from an agency that for some reason does not want to respond or participate,” Mica said. “A huge amount of taxpayer money has been expended. You would think that we could have some better response from the agency that is primarily charged with this.”
In John AC Cartner’s Lloyd’s List Opinion below I highlight the invectives and derogatory remarks about TSA and the TWIC Program to convey the seriousness and necessity of abolishing the TWIC Program.
John AC Cartner is a UK solicitor, a maritime lawyer in Washington, DC, and an unrestricted Master Mariner.
THE maritime hobgoblin rears its head again. Work in maritime America is meted out to the worthy by the organs of state security. The detested Transportation Worker Identification Credential. If unworthy, no TWIC, no job. The TSA airport voyeurs, frotteurs and X-irradiators say who can be chosen. These are the maritime hobgoblin’s puppet-masters.
As I have written in this journal, the TWIC premise is based on a bizarre expensive fallacy and control ju-ju. John Pistole, former FBI deputy hack, is the head ju-ju man of the hobgoblin — incredible, nefarious, bizarrely self- justifying, comically combative, a pompous caricature risible if he were not dangerous. TSA managers work to transfer abuse from passengers to seafarers. The grounds are specious, questionable legally, morally scurrilous. Secretary of Homeland Security Janet Napolitano, former empress of the Arizona dunes and self-appointed maritime expert, wants to spread further the TWIC rat’s nest to anyone vaguely related to commercial transportation. Take heart, though. If denied you can likely get a TWIC — if you can afford American legal fees. No money, no TWIC; no TWIC, no job.
The TSA has posted a list of sins delaying or denying a TWIC: violent felonies, for example. Of course it does not matter that the US Coast Guard and the states screen before issuing their documents. The TSA has money to burn and contractor Lockheed Martin to tell it how. Three cases tell how the TSA-DHS hobgoblin keepers are arbitrary, capricious, and wholly self-righteous.
Case 1: An unrestricted master mariner, commanding ships of the Land of the Free for 30 years, was denied a TWIC. He had been vetted by the US Coast Guard for decades, issued continuous certificates, had nothing on the list, was entrusted with lives and ship and cargo, enforced flag state laws on board, held a naval reserve commission and security clearance. He was not born in the US. The conclusion: if a birth certificate does not meet a TSA factotum’s concept of Americanism then no TWIC, no job — no matter how unspotted or shriven.
After appeal, delay and legal fees the master got the gatepass. Now there is a new secret criterion for Americanism. One supposes that the TWIC twits feel that he should be grateful.
Case 2: Another US master was assaulted and battered by a TWIC contractor employee. He seriously erred in command judgement when he pointed out that his name was stated wrongly on the face of the TWIC. The investigation was whitewashed; the criminal complaint was “lost”. The government issues criteria for things such as TWICs. One rule even makes sense: the name on the card must match the name on the credentials presented for the issuance. The TSA and its contractor exempt themselves from any rules for national security (read TSA and Lockheed job security). Name hyphenated? More than one middle initial? Apostrophes? Cedillas? Umlaut or accent grave? Spelled uniquely? What kind of name is that? Un-American. No TWIC. No job.
One marvels at the rodent TSA mind: The maritime hobgoblin punishes with unemployed time while the jobless and voiceless await the decisions of the polyester-suited twits. This TWIC victim was told by an arrogant DHS faceless voice: “If that is your name you do not get a TWIC.” Any fool except a DHS one can see that the TWIC issued with a TSA made-up name is false identification. What good is an unconfirmable TWIC except on its face when the database cannot be accessed by a card reader?
The foundational fallacy strikes again in this wholly corrupt programme. Where do they get these bully-boy oafs minding the hobgoblin? Answer: from the line of otherwise unemployable wannabees, poseurs and PhD-lites.
Case 3: A lorry driver vetted for commercial and hazardous materials service delivered goods to ports for 25 years with no blemish. He was denied for a three-decade-old second-order misdemeanour conviction. He had paid a fine.
How does that relate to port or national security? It does not. He cannot get a TWIC to ply his trade. He was punished as a sinner by the hobgoblin true believers for his Americo-Adamic fall from grace and the shortcomings of his soul three decades earlier. Conclusion: the TSA hive is now morally perfected — in its internal view. To quote : “The other was a softer voice, As soft as honey-dew: Quoth he, “The man hath penance done, And penance more will do.” The maritime hobgoblin’s voice is as also as soft as honey-dew: No money, no TWIC and no job — for an unworthy you.
[In each case a person otherwise qualified and with security vetting by governments could not earn a maritime wage temporarily or permanently]
The maritime job listings in America are an education. If you drive by a port you will one day need a TWIC, hopes the hobgoblin.
The TSA abuses the maritime industry. In each case a person otherwise qualified and with security vetting by governments could not earn a maritime wage temporarily or permanently. Each was denied by secretive desk-warmers not meeting payrolls or working productively and wrapping themselves in the American flag to cover their intellectual, moral and judgmental bankruptcy.
The question arises, always begged by the TSA: How does this panic-driven billion-dollar TWIC opera buffa increase port security? It does not. It cannot. It will not. The hypocritical pseudo-moralism is disgusting and ethically and economically wrong. It reminds one of the US Attorney General draping naked statues.
Who controls these farceurs? Clearly not Secretary Napolitano. Her underling lackey Pistole was too yellow to attend and explain himself and his failed agency to Congress last week.
Answer, Mr Pistole: How are port security – a matter of property right and trespass – and the denial of a TWIC and a wage on parochial, idiosyncratic, chauvinistic and pseudo-moralistic grounds to otherwise qualified maritime people related? Do not try. You will make a further fool of yourself, your misguided and misconceived bureau, the farcical hobgoblin for which you are shaman.
See also, John A.. Cartner, [TWIC] Identity Card is US Maritime Hobgoblin, Lloyds List, February 15, 2011:
“The TWIC is an obscenely expensive, delusional and nakedly bizarre failure. It wastes billions of unaffordable dollars, and it does not demonstrably increase the security of ports, vessels or people. It should be abolished now.”
“IT WASTES BILLIONS OF UNAFFORDABLE DOLLARS.” Hence reporting the TWIC Program under the Whistle Blower Protection Program