secret service agent denied boarding

[radeng]

As a user of American Airlines, the captain's actions in this case reinforce my confidence in flying with them.

[SaturnV]

According to today's Washington Post. this is the book the flight attendant thought was in Arabic: :

"Kelli M. Evans, another of the agent's lawyers, said the book, written in English, was "The Crusades Through Arab Eyes" by Amin Maalouf.

Maalouf is Lebanese, writes often in French, and has won the Prix de Goncourt, which (the few) Francophiles on PPRune will recognize as quite an honor. The Crusades book was published in December 1999.

[dallas dude]

guv or walter mitty (ppruner's, you choose),

My last post to you as I don't have quite as much time to waste as you apparently do.

Despite the HUGE hints I dropped regarding AA backing up the Captain (which if you really knew a tenth as much as you claim ought to have set your alarm bells ringing!) before the rest of this nonsense was made public you relied on a newspaper report, a supposition (or suppository) that AA needed in this case to be buddy, buddy with APA so we'd "give back" and now a radio report claiming to support the SS agent. You still don't recognise the nose on your face, do you?

Really, it's OK to be wrong once in a while. Try it. Folks may actually respect you instead of watching that miniscule remnant of credibility you possess head rapidly towards the nearest dumpster.

You should realise that although there are always new people to fool or try to impress, the truth ALWAYS comes out eventually and ppruners then can decide for themselves who to believe and who to throw custard pies at.

You may yet become the pprune's weakest link.

Again, when in April 2002 will your inaugural flight be?

[Green Guard]

It is interesting how much we are less and less pilots who sometimes have to use common sense
and more and more robots as the time goes by.
Captain did what he did.I don`t blame him I don`t defend him.Let him defend himself.
What is obvious is that SS agent acquired an attitude,because he was right,he did not like to make a further delay,he had Very Important job to do,he was there to help the Captain and all the others,yet he was treated like a criminal as he was dealing with a Captain and his crew who too had an "attitude".
Guv didn`t need to be a rocket scientist just to notice if the rocket went off course.Right?

[DownIn3Green]

GrandP,

You are so right...send him back!!!

Probably nothing will happen to him however because of his race...

[Shore Guy]

Glad to see AA supporting their captain so quickly and so publicly. I seriously doubt the SS agent will be terminated, for many reasons, one being his race/ethnicity (Yes, there are two sets of rules for behavior here in the states). But I sure would like to see him assigned to pooper-scooper duty behind the Prez’s pooches.

Used to be based in the DC area, and carried a lot of SS and Treasury types. Never had a problem, but always wondered why they were required to carry weapons while off (official) duty.

[AAL_Silverbird]

Dear Guv,

Did the “several” passengers know in advance they were sitting next to an armed passenger? If they did then his cover was blown and it was time for him to collect his bags and leave the plane for his own safety as well as the safety of the passengers. If the passengers didn’t know his status then yes it would look like the Captain had singled him out for special treatment, not because he was an American of Arab descent but because he was carrying a GUN!

Do you know what a Secret Service badge and ID look like? I don’t! Are you going to let any Tom, Dick or Harry with a shiny badge and fancy paper work on board your aircraft if you aren’t 100% sure as to who that person claims to be? Then he can’t fill out the paper work correctly and you suggest for the Captain to assist him! That’s a good one! What’s next let the guy borrow your lighter so he can light his shoe? Even the BWI cops thought he was acting “unprofessional”.

Anyone packing a gun onboard an aircraft after 9/11 should be prepared to receive “special attention” and not to be surprised if the Captain expects all the I’s dotted and all the t’s crossed. He might even want to see the ID several times. If the LEO gets hostile, or belligerent about this treatment then I would suggest he put his weapon in his checked baggage and travel like all the other passengers.

I’ve had several armed LEOs onboard since 9/11 and they have all acted very professional and have blended in with the rest of the passengers in the back. The Captain did the right thing in leaving him behind to cool off.

[bblank]

First, this is an interesting thread concerning important issues. The last thread got closed down when it diverged from those issues.

As BIK_116.80 just posted, Reuters has reported the agent's name. You can google his home address and home purchase price if you are interested. It is beyond belief that a Secret Service agent in his right mind would invite such publicity or that the Secret Service would tolerate such notoriety. (It may be that the press does not yet have the name correct but sooner or later it will.)

So far the major print media has been pretty even-handed. Television will be another matter and the mess has spilled over. Good Morning America (ABC) interviewed one of the agent's lawyers and a passenger who supports the agent's story. The passenger more or less said that the F/A searched the man's belongings without permission when he left the plane. The passenger denied that the agent lost his cool. The segment also showed a clip of the President uttering his famous "madder than heck" words. AA's side of the story was limited to a printed policy statement that was shown on screen. In the print media the agent's lawyer was quoted that "It was the pilot who was rude, unprofessional and demeaning." The passenger was not asked to comment on that statement.

I have had the opportunity to observe the legalities of some employment issues and it is my impression that it is not so important that an action is justified as it is that the action is carried out no differently than in prior situations. Any singularities are legal red flags. Consider the Captain's statement "when the individual came back it was determined that he was in fact our 'armed passenger'. I then decided to stop my pre-flt and review the AA E2." This does not appear to have been a standard inspection of paperwork. Later in the report the Captain justifies his suspicions by saying that the F/As (plural) brought to his attention "what appeared to be strange behavior." Up to this point the concerns of only one F/A was mentioned in the report. The only behavior that was mentioned was that the agent left the a/c asking that the flight not depart without him. If white businessmen ever do the same thing without causing alarm then the term "strange behavior" will be questioned.

The first comments by the AA spokesman indicated that verification of the identity of the agent was the issue. Today's AA statement indicated that the demeanor of the agent was the issue. If there is any discrepancy in the stated reasons (and it may be that the two statements were excerpted) a lawyer will argue "pretext." John Relman is one of the most famous civil rights lawyers.

I think that the Captain did the right thing. I am not playing devil's advocate either. But I have seen lawyers at work and unless the police officer in the report corroborates the Captain's version this is not going to be a slam-dunk for AA.

[Roadtrip]

I listened to a morning show program with an interview with one of Mr. Shater's attorneys and a passenger who claimed he was seated next to Mr. Shater. The attorney said that her client did not get agitated nor try and bully the flight and ground crew and that AA refused to verify the agents credentials -- all LIES. The passenger admitted that he didn't really know squat about the whole thing - he didn't see or hear what went on outside the aircraft, but that a flight attendant did check out the items left by the ss agent - pat'd down his coat (I would presume to check to be sure the agent didn't leave a weapon in it). After the pax admitted he didn't know squat - he said he called the Arab American Association and said he was sure that it was a case of discrimination . . . and the new media give coverage to nitwits like that.

Such is the spring-loaded mentality, blind stupidity, lack of knowledge and procedure that is demonstrated by the news media and people like the "Guv."

[Clarence Oveur]

Somehow I don't think that being of arab descent and having a name as him, would be in his favor.
I am not saying that AA or their employees are racist, but I could very easily imagine that the agents appearance and name "nudged" the Captain in the direction that he took.

Sending people back to the country of their ethnic ancestors!!. I'm sure Chief Running Bear and his friends would just love that.

[Big Tudor]

No matter what the outcome the commander of the aircraft must be allowed the ultimate decision as to who is carried and who is not. After all, it will be the commander who would have been hauled over the coals if anything had gone wrong.

One would like to think that the USSS could at least have produced correct paperwork for one of their armed officers. In aviation a crate of oranges doesn't travel if the paperwork is incorrect !!!!! If USSS officers are travelling armed, whether on or off duty, then they their admin should be sh@# hot, particularly after 9/11

[ 04 January 2002: Message edited by: Big Tudor ]</p>

[Roadtrip]

It appears to me that the secret service agent in question is trying to save his job by going on the offense with fake charges of "racism." Unfortunately, there are many lawyers and news media people that are more interested in money and sensationalism, than truth and good journalism.

The facts are as follows. To all you conspiracy theorists -- You probably think all the people in this chain of events plotted and conspired to "create" this incident. Unfortunately, the Secret Service agent brought the whole thing down on himself through his behavior which called into question his credentials, AND, regardless of his credentials, his ability to control himself as an armed individual on an aircraft.


FOR RELEASE: Thursday, Jan. 3, 2002
AMERICAN HOLDS FIRM ON PROTECTING THE SAFETY OF ITS PASSENGERS

FORT WORTH, Texas – American Airlines today said it would not be deterred from protecting the safety of its passengers by frivolous claims of racial profiling asserted by the Washington, D.C. law firm of Relman & Associates.

The company said: "American carries out its security obligations according to the guidelines provided by the Federal government. Those guidelines are applied equally among all passengers, and the company vigorously resents any suggestion of racial discrimination.

"Threats of lawsuits will not deter us from justly applying the security programs established to protect the tens of millions of customers who entrust us with their lives each year."

American finds the "facts" released by the law firm today surprising and irresponsible since the firm has not discussed this incident with any American Airlines employee involved. Airline employees said the passenger, an armed Secret Service agent, behaved inappropriately.

The airline said that, while it also would prefer to resolve this situation in an amicable way, it cannot allow misleading information to go uncorrected.

American therefore feels obligated to release the attached copies of incident reports filed by the captain of Flight 363 and the manager of the airline’s System Operations Control center who spoke directly with the passenger.

"These reports paint a clear and consistent picture of what occurred during this agent’s attempt to board Flight 363," the airline said. "While we’ll let the reports speak for themselves, we will reiterate that American will not allow any armed individual onboard, regardless of who he or she is, if that person is angry or acting in a manner that the crew believes could jeopardize the safety of the flight."

American can confirm that, as stated in the captain’s report, he has filed a letter of complaint with the Secret Service.

As this incident is now under investigation by the Secret Service, American cannot comment beyond this statement.

Text of Captain’s Statement
Misconduct of Armed Passenger
Debrief Detail:

Armed passenger * flight 363 BWI/DFW. Flight was scheduled to leave at 1715. I was notified that due to a mechanical at the next gate - they would hold our push for approximately 30-40 minutes to try to accommodate those pax going to DFW. A few moments later the *1 flt attendant brought to my attention that she and other flt att were concerned about the actions of one of the pax. This pax left the aircraft with carryon bags still in his seat. He told the flt att. Please don’t leave without him. While the pax was away a flt att observed books in the individuals seat which were written in what she assessed was Arabic style print. Upon further investigation - when the individual came back it was determined that he was in fact our ‘armed passenger’. I then decided to stop my pre-flt and review the AA E2. The form was unreadable because it was a carbon-copy and there were missing items. I then had the agent come back and recheck his credentials and give me a new AA E2. Again this form was filled out improperly. I left my seat to speak to the individual. He appeared nervous and anxious. With all the forms that I received in error I determined that the most prudent course of action was to call dispatch to phone patch me to the SOC. I asked them to fax me a copy of what the Secret Service credentials looks like. He advised me that BWI should have this information. BWI in fact does not. We still were accommodating the connecting passengers and had time to further determine the proper credentials of this person. While all this was going on the individual approached me in front of the lead agent and asked why he was being denied boarding for so long. I disclosed to him that the paper work was not correct and that I needed to have this fixed before he would be accommodated. This was an AA issue and none of his concern. At this time the individual became very hostile with me. Upon all the information that I had up to this point - I had doubt as to his actual representation as a Special Agent for the Secret Service. 1. *Two improperly filled out AA Form E2. 2. *Flt atts bringing to my attention what appeared to be strange behavior. 3. *Hostility toward me for trying to correct my required paper work. I then had the Maryland Airport Authority police determine his proper ID by calling the Secret Service as to his legitimate status. This took about ten minutes to complete. In the interim I was given a third improperly filled out AA Form E2. This had no signature of the LEO. No initial as to the traveling status of the officer. No phone number. While the police were determining the proper status of this individual this person came up to me with loud abusive comments as to his being denied boarding. That he has the powers of the White House behind him and that this is not of [sic] the end of this matter. The police agreed with me that there was a legitimate concern because of his unprofessional behavior. This was all in full view of every passenger boarding the flight. He then said he would not board the flt. As it turned out he was an actual LEO. After the events of 9/11 and another of our fls targeted with explosives and causing injury to a flt att I absolutely felt correct in having this individuals [sic] identification validated. After three improper AA Form E2s [sic] and the behavior of this individual, I needed to be 100% sure of his credentials. If he just let us do our job of getting the paper work in order, he would have been boarded, and it would have been a pleasure to carry an ‘armed passenger’. With the lives of the entire passengers and crew, I was uncomfortable with his actions and did what a Captain should do and edge toward the side of safety and not move the aircraft until I’m confident that all issues are satisfied before taking off. As a note, I am filling [sic] a misconduct report with the Secret Services Internal Affairs division. I would suggest that AA Security follow up on this matter because this individual made the entire crew uncomfortable with his actions and absolutely with his confrontational behavior toward me. The police officer who was very helpful was officer (redacted). The case # was (redacted). The Secret Service Agent’s name was (redacted). Passports and fraudulent IDs can easily be altered to look passable. With all the items to this event not adding up, I absolutely believe I acted in the best interest of my crew, pax and AA.

Text of SOC Manager’s Statement:

I was working as Center Manager on Christmas and received a call from Captain

(employee number ) flying flight 363 from BWI/DFW. The Captain had a concern about a passenger onboard his flight. The Captain first requested a fax containing all wanted terrorist photos that American had available. I explained that this was not possible and asked exactly what problem he was encountering. He said that he received paperwork for a passenger that stated he was a Secret Service Agent and would be traveling armed. The Captain said that the paperwork contained scratched out flight numbers and may have been altered. I then suggested that the Captain request new paperwork. The Captain called back again and stated the he was still questioning the validity of this passenger working for the Secret Service because the secret service agent had failed to fill the paperwork out properly again. I asked if he had looked at the agent credentials. He said you work for the airline, you know how easy it would be to get fake I.D. I suggested that I could call the Secret Service and verify that this passenger was in fact an agent. I asked the Captain to request the agent’s superiors [sic] name and number. The Captain said that we should not use his information because he could have a friend answering the phone when we called. I then suggested get the local police to verify the I.D. since, being located at BWI, they would have exposure to Secret Service I.D.’s and contact phone numbers. The next phone call I received was from the AA ticket agent at BWI. He said that the Secret Service agent had verbally abused the Captain and that the Captain was denying him boarding. I asked to speak to the police officer that was witness to this, who then verified what the ticket agent had stated. Based on this, I then decided to end boarding to this passenger on future AA flights. Later, I received a call from the AA ticket agent at BWI and was asked to talk to this Secret Service Agent. I then heard the Secret Service Agent’s side of the story. He admitted to not properly filling out the paperwork for carrying a weapon; not once, but twice. He also admitted to losing his temper with the Captain because he was asked for his ID five separate times. When he asked why he was denied future boarding, I explained that I could not expose AA crews or passengers to abuse. He said he was being discriminated against, wanted my bosses [sic] name, and threatened that he would have my job. He was going to take this to the highest authority. I asked for his superior’s name and contacted him. I explained the situation to the superior. He confirmed that this man did work for the Secret Service, and would contact him. A short time later the agent’s superior called back and said that he was sorry for losing his temper and would like to travel out of DCA the next day. He then stated that the agent was of Middle Eastern descent. I explained to the superior that I did not know this and that there was no discrimination in the denied boarding process with SOC. I was 1,000 miles away from the situation and handled it as we would for any unruly passenger. We agreed the agent could travel the next day.

SOC Center Manager – American Airlines

[ShotOne]

Why did the agent need to carry a gun on that flight anyway? He was not apparently engaged in presidential protection at the time.

[Covenant]

I didn't read the other thread, but one thing about this which concerns me, and which doesn't appear to have been addressed yet is that a large part of the damage has already been done by the damned politically correct litigious US system.

If you are a captain, and, after this incident, you are in a situation where you are having to decide whether to board an Arab about whom you have some doubts, aren't you going to have a little pause for thought?

I'm sure most of you will say, quite rightly, that the safety of your aircraft and passengers is your primary concern, but with the prospect of court action, media scrutiny and possibly even disciplinary action if it all goes pear-shaped, isn't there going to be a temptation from now on to play it safe and not cause a fuss in borderline cases?

I find it hard to believe that, just four months after the events of 9/11, the grasping lawyers feel justified in playing the race card for their own personal gain.

My own opinion is that this law suit actually discriminiates against all the other millions of passengers who have flown since 9/11. What was it that really upset him? The answer, of course, is that he became frustrated and pissed off with the kind of delays and bureaucratic cock-ups that all airline passengers have to cope with on a daily basis, even before the tragic events of this year. The difference is that he was arabic and chose to play the race card and was also a secret service agent who was able to get media attention for his little upset.

[SaturnV]

BrianBlank raises a good point about singularity. If one goes back to how this tempest in a teapot began, the actions of the flight attendant raise questions and perhaps forms the basis for AA vulnerability in a lawsuit.

From various media reports and AA statements, the sequence seems to have unfolded this way.

1. The Secret Service agent's original flight to DFW was delayed/cancelled and he was placed on this later flight.

2. The AA BWI gate agent apparently scratched out the original flight number and rewrote the new number on the armed LEO paperwork

3. The Secret Service agent boarded the aircraft, introduced himself to the PIC, and handed over his paperwork. This followed normal protocol. The PIC in his statement says nothing about the agent appearance, behavior, etc. that caused him any concern at this juncture. It would appear that the PIC glanced over the paperwork briefly, if at all. At that time, the PIC made no comments about it being an illegicle carbon copy or having errors or omissions. (The pilot's statement makes no mention of meeting the Secret Service agent or receiving any paperwork from him on initial boarding, but indicates that he had received the paperwork.)

4. The agent, apparently with some other passengers, was asked to leave the aircraft and proceed again through security. (The agent's paperwork remained with the PIC as he examined it more closely after the flight attendant raised her concerns about the passenger with him.)

5. At his seat, the agent left a leather jacket and several books. The agent had a single carry-on bag. The PIC statement says that the flight attendant reported that the agent had left his carry-on bags behind (plural in the original).

6. On leaving the aircraft, the agent said to the flight attendant, 'Don't leave without me.' Presumably this was a normal pleasntry.

7. After the agent left the aircraft, the seatmate to the agent asserts that the flight attendant proceeded to the agent's seat, and twice takes the leather jacket and pats it down, apparently searching for something. It is unclear whether the jacket was in the seat itself, or in the overhead bin.

8. The flight attendant also takes the agent's book on the Crusades from the sleeve of the seatback. She apparently examines it, sees what she later says is print with Arabic looking symbols, and places it back in the sleeve. (There is no indication she brought the book itself to the PIC, or that any AA personnel other than her examined the book (which was in English)).

9. The flight attendant also apparently examined other books or reading material that the agent had left at his seat. It is unclear whether these other books were on the seat or in the overhead bin. (I is also unclear if the agent had left his carry-on bag(s) behind, where these were, and whether she examined these as well.)

10. On putting the Crusades book back, the flight attendant makes a gesture "like she was grossed out" to the individual sitting in the seat next o the agent.

11. A short time later, the flight attendant asks this same seatmate in effect to 'watch or cover her back' with this agent on-board.

12. After examining the Crusades book, the flight attendant goes to the PIC and voices her (and the other cabin crew's?) concern about having this Secret Service agent on the aircraft.

13. The agent attempts to reboard the aircraft, and then begins the sequence of questioning his paperwork and credentials. It appears from the pilot's statement that the agent was never able to get back to his seat, nor have any conversation with his seatmate about what the flight attendant had done. The PIC ultimately refused to let the agent retrieve his jacket after he was denied boarding.

14. After departure, the flight attendant said to the seatmate that she was pleased that the agent was off the plane because 'he made the flight crew uncomfortable.'

Endnote 1: The U.S. Supreme Court has ruled that it is unconstitutional for the police on boarding a mode of public transport (e.g., bus, train) to pat down the outside of closed passenger luggage when looking for contrabband.

It could be argued that the flight attendant's examination of the agent's clothing and other articles without his consent or even in his presence represented an unlawful search by a person not even authorized under the color of law or regulation to conduct such a search.

Endnote 2: The American Airlines statement asserts that it does not racially discrminate. Nowhere have I read what the Secret Service agent's race was. In this instance, any alleged discrimination would seem to be more on the basis of ethnicity or religion, which the AA statement is silent about.

Endnote 3: On why a Secret Service agent would carry a weapon on-board the aircraft when he is not protecting an individual on that aircraft. The simple answer is that the agent is required to have the weapon in-hand when he reports on-duty, and AA or any other airline cannot guarantee that checked baggage (with a weapon inside) will not be lost or misrouted, or that checked baggage will not be pilfered and the weapon stolen.

Endnote 4: The pilot's statement omits his initial request to the SOC Manager, which was that photos of terrorists be sent to him, presumably so that he could see whether the Secret Service agent was a known terrorist. The SOC manager dissuaded him from this approach. Presumably, if the pilot had received the photographs they would have included: Osama Bin Laden, Ayman al-Zawahiri (known as the Doctor, 50 years old, and Osama's second in command), Abdel Al-Nasser (speaks only Arabic and Farsi), and 19 others. Most of those on the list do not speak English at all. The few that do would, with one exception, speak it with a foreign accent. Only one, Abdel Yasin, is a native-born American and quite likely is perfectly fluent in colloquial English.

Endnote 5: The PIC implies that the cabin crew were unaware that the Secret Service agent was sitting in a particular seat and had left the aircraft until the agent returned. His statement declares that, "Upon further investigation - when the individual came back it was determined that he was in fact our ‘armed passenger’." The FAA regulations require the aircraft operator to "Notify the pilot in command and other appropriate crewmembers, of the location of each armed LEO aboard the aircraft. Notify any other armed LEO of the location of each armed LEO, including FAM's. Under circumstances described in the security program, the aircraft operator must not close the doors until the notification is complete." It is unclear whether this notification took place prior to the Secret Service agent leaving the aircraft.

[ 06 January 2002: Message edited by: SaturnV ]</p>

[Tan]

This situation is a tough one for any Captain to deal with. From what has been said so far it would appear that the F/A. sucked the Captain into a scene already gone bad.

I suspect that AA will settle out of court, in order to save face for the actions of their crew.

S##t happens..

[Roadtrip]

Nonsense. The problem of ID and paperwork could have been eventually cleared up if Mr. Shater had been cooperative and let the system work. I think the real problem was the hostile and threatening attitude of Mr Shater toward the police officers, captain, gate agent AND the SOC controller in Dallas. The SOC controller didn't even know what this guy looked like, yet he denied boarding as well.

Mr. Shater was WAY out of line and is now using ethicity to cover his butt. Hard to believe we have secret service agents with so little judgement and temper.

[Tan]

Roadtrip

You are entitled to your opinion as I am to mine and time is going to provide us with the answer.

Having been sucked into situations by F/A's who could have handled things better before they ever got to me, I feel for the Captain...

[PaperTiger]

Don't wish to become embroiled in the 'he said..., he said...' nature of this, nor comment on the 4th amendment implications of the FA's rifling of the agent's stuff.
However, I do think his choice of reading material gives some insight into the alleged 'attitude' question. Yes I know, in a free society one should be free to read whatever one wants. But really... a History of the Crusades being read by a muslim SS agent. At best more evidence of questionable judgment IMO, and possibly a reason for a chat with the head MIB ?

[WhatsaLizad?]

This situation is a tough one for any Captain to deal with. From what has been said so far it would appear that the F/A. sucked the Captain into a scene already gone bad. "TAN"

The statement above seems to arise out of an idiot reporters description of the events and misinterpreting the Captains report. The big problem wasn't his arabic history book, it was the fact he got out of his seat and appeared to LEAVE the plane, and left his belongings.This is a big red flag and any belongings left are fair game for a search.