Monday, January 24, 2011

The Phil Mocek Case

The set up:

Mocek's video of the encounter:

Seattle activist Phil Mocek wins case against TSA

"Phil Mocek, a Seattle activist has won a court case against the TSA.

Without presenting any witnesses or testifying himself, a jury of 6 women found Phil not guilty of all charges against him.

Phil was arrested on November 15, 2009 at the Albuquerque, New Mexico Airport for the following charges:

  • Refusing to turn off his camera filming a TSA checkpoint.
  • Refusing to show his identity.
  • Trespassing.
  • Disorderly conduct.

At the heart of his case was the fact that a charge of refusing to obey a lawful order.

Kurt Nimmo of Infowars reports: On January 21, a jury cleared Mocek of all misdemeanor charges. “I feel good that we had police and TSA on record saying that you don’t have to show ID to fly and that you can use a camera at the airport,” Mocek told KOBTV 4 in Albuquerque.

The Identity Project reports: The best evidence in the case was the video from Mr. Mocek’s digital camera that both the TSA and the police had tried to stop Mr. Mocek from filming, and which ended when they seized his camera out of his hands and shut it off.

The Daily Conservative notes: Case represents the first time anyone has successfully challenged the TSA’s assumed authority to question and detain travelers.

The jury didn’t agree that the order to turn off the camera was lawful, as was the order to leave the airport.

The video Phil Mocek took was the only witness he needed.

The video showed that all of the testimony that the TSA provided was not credible in the jury’s eyes.

The only disorderly conduct the jury found was that of the TSA officers."


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