The Problem With Real ID With An Affidavit of Fact

by PeytonE | Activism | 132 Views

The Real Id was created on the basis of the recommendations of the 9/11 commission, or so DHS tells us, and TSA as well. But did the 9/11 commission actually recommend search of all Americans, and a national ID  with unilateral biometric surveillance and control in mind?

Here is an Affidavit of fact style statement of ONE of the issues with Read ID, more to follow soon.

 

Affidavit of Fact Regarding the Misapplication of the 9/11 Commission Recommendations and Resulting Violations of Constitutional Rights at TSA Checkpoints

I, [Affiant Name], a living woman/man of sound mind, competent to testify, and under no duress, submit this Affidavit of Fact to assert and record the following truths and conclusions for the public record and for notice to all relevant officials and agencies:

  1. Purpose of This Affidavit This affidavit serves to formally assert that the Transportation Security Administration (TSA), through its current airport security practices and enforcement of REAL ID requirements, has acted in excess of constitutional authority and in direct violation of the Fourth Amendment rights of the People of the United States.
  2. Source of REAL ID Legislation The REAL ID Act of 2005 was introduced and passed by Congress under the claim of implementing a recommendation from the National Commission on Terrorist Attacks Upon the United States (hereafter “the 9/11 Commission”). The specific recommendation cited from the 9/11 Commission Report (p. 390) is:

“The federal government should set standards for the issuance of sources of identification, such as driver’s licenses.”

  1. Scope of 9/11 Commission Recommendations The 9/11 Commission issued its recommendations in response to a coordinated attack carried out by foreign nationals. Nowhere in its findings or recommendations did the Commission call for:
  • The blanket surveillance or treatment of American citizens as suspected terrorists;
  • The creation of a centralized federal ID database;
  • The implementation of suspicionless searches of citizens traveling by air.
  1. REAL ID Enforcement and TSA Practice Following the passage of the REAL ID Act, the Department of Homeland Security and the TSA have used the Commission’s recommendation to justify far-reaching ID mandates and increasingly invasive airport screenings. TSA agents now routinely subject travelers to:
  • Physical searches without probable cause or warrant;
  • Detention or denial of travel for failure to present federally approved identification;
  • Biometric scanning and surveillance without consent.
  1. Violation of the Fourth Amendment The Fourth Amendment to the U.S. Constitution guarantees:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…”

These practices constitute unlawful search and seizure, absent any individualized suspicion or judicial warrant. There is no constitutional authority that permits TSA or any federal agency to supersede this protection at airports or under the guise of “security.”

  1. Legal Basis for Protest and Refusal It is a maxim of American jurisprudence that rights cannot be lawfully converted into privileges, nor can the federal government impose conditions on travel that violate fundamental liberties.
  2. False Justification of National Security The invocation of the 9/11 Commission to justify REAL ID and TSA checkpoint practices is a deliberate distortion. The report recommended better document security standards, not the creation of a federalized system that:
  • Coerces states into collusion;
  • Inserts federal agents between private citizens and airlines;
  • Treats every traveler as a potential criminal.
  1. Conclusion No part of the 9/11 Commission Report lawfully authorizes, recommends, advocates, or even suggests the systemic surveillance, forced compliance, or physical searches of American citizens. These policies are unconstitutional, coercive, and constitute a breach of trust between the government and the governed.

Lawful Notice: Let this affidavit serve as lawful notification to all public servants that any further enforcement of TSA procedures and REAL ID requirements, which violate the rights of the undersigned or any American citizen, shall be recorded as willful trespass, abuse of office, and unlawful infringement.

Executed this ___ day of ________, 2024.

By: ____________________________
[Affiant Name]
All Rights Reserved
Without Prejudice
UCC 1-308

 

Just to point out the obvious, the response to 9/11 could have included TSA style searches of foreigners traveling to and from America.

 

Leave a Reply