Governor Jesse Ventura, potential Libertarian candidate for Vice President in 2012 with Congressman Ron Paul, US Navy SEAL, host of the #1 rated show on TruTV, star of the movie Predator, now applying for Mexican citizenship to flee USA as a refugee of the Police State
This is why you must ALWAYS record EVERY traffic stop and NEVER erase your recording, because police usually erase their tapes when you fight them in court. And ALWAYS carry a printout of Operation Northwoods when traveling by air or highway, and ALWAYS hand that copy to police or TSA private security guards. Because if anybody has a need to know who the real terrorists are, its the cops.
"I've now been stripped of my patriotism, I have no more feelings for the government that runs this country today, because they deny me my right in court. Going after veterans seems to be the trend. Every time a veteran tries to defend their Constitutional rights we seem to be getting tramped down. I wanted to exercise my right to have a trial by jury and the government won't allow it to happen. What they [the federal judge] claim is they [the federal court] have no jurisdiction [over federal TSA airport screeners]. If the federal court doesn't have jurisdiction over a [federal] constitutional question, then who the Hell does? What they're saying is I have to go to the [federal] Court of Appeals -- 'I'm guilty' and I have to go to the Court of Appeals [when there has never been any criminal charge in any court] to be proved innocent. I can't have a jury trial. It has to go to the federal Court of Appeals which is three judges who will make the decision, and they say it's because of 'secrecy reasons'. So clearly they won't allow an open trial to happen concerning the Fourth Amendment -- regarding illegal search and seizure -- of our Constitution. Clearly now we're all guilty until proven innocent. The problem is we can't even prove we're innocent in front of a jury. I thought we were guaranteed a right of trial a jury of your peers, or fellow citizens? Clearly the government doesn't want this goign in front of citizens, because then the government would lose. And if they lost it would open up Pandora's Box. The other question they don't want out of the box, is why is it the government's job to provide [free] security for the airlines, when the airlines are a private business? When you drive around the country, our border agents are no longer on the border, they are on interstate highways. I predict that within a decade, you will have to show I.D. to travel state to state [try driving without a driver license internal passport], because the Constitution is now more. The Bill of Rights are no more -- that was proven to me today, when I wasn't allowed to go to court on them. In the press conference today, I said I guess the only recourse I have is to win the presidency. As president of the United States, could I go to court over my 4th Amendment rights? When I first heard about the decision, it was like havign my guts pulled out. They gutted me as far as my patriotism goes. I have no patriotism to this government today. As my t-shirt says, 'I love my country but not my government.' I will no longer refer to this country as the United States of America -- I will refer to it as the Fascist States of Amerika. The rulings [in my case] are secret -- [the judge in] my court case said that -- it's not legal to know what the TSA can do, or not. It's considered National Security. So there's no way to know if you're being abused or not. There's no way to know the rules, and no way to hold the government accountable."
-Governor Jesse Ventura, regarding the Top Secret opinion by Federal Traffic Court allowing TSA airport screeners to rape and irradiate him before and after every flight, Infowars Radio 4 November 2011
"The idiots asked him for autographs after they groped him. He's like 'NO'. Then I was like 'hey, I shot video and photos of him' [being gateraped by TSA], but he's like, 'Let me see it, it's embarassing, erase it.' Later it would have been good actually in court [because TSA erased all their video to destroy evidence]. I said 'OK'. By the time he got on the plane he was in a controlled rage."
-Alex Jones, Infowars Radio 4 November 2011
Jesse Ventura loses bid to halt airport searches
Minneapolis Star Tribune
November 3, 2011
Jesse Ventura wants airport security screeners to keep their hands off "The Body."
But a judge ruled on Thursday that the former Minnesota governor's concerns about modesty, personal freedom and constitutional rights were misplaced when he filed a federal lawsuit in St. Paul last January.
Challenges to the Transportation Security Administration's (TSA) procedures must be brought in Circuit Courts of Appeals, wrote U.S. District Judge Susan Richard Nelson in dismissing Ventura's lawsuit.
Ventura, who served as governor of Minnesota from 1999 through 2002 and earlier had a professional wrestling career as Jesse "The Body" Ventura, currently hosts a program on the truTV network called "Conspiracy Theory."
After getting a titanium implant in his hip in 2008, Ventura's lawsuit says, he started lighting up airport magnetometers. At first, screeners waved a magnetic hand wand over him and sent him on his way. But last year, the TSA initiated enhanced screening procedures, his complaint says, which meant he had to go through invasive full-body scans or pat-down searches.
The scans reveal too much and the pat-downs require a security officer to grope his body, "including private and sensitive areas," his suit says.
Last November, he triggered the extra search procedures at Minneapolis-St. Paul International Airport. Having done so, the suit says, Ventura was not free to leave the area or to decline his scheduled flight to avoid the additional screening. Ventura argued that the TSA's policy results in an unreasonable search and seizure in violation of the Fourth Amendment to the Constitution.
Certain members of Congress are exempt from the digital body screens and pat-downs, as are airline pilots, Ventura said, so why can't other frequent fliers get equal treatment [Equal Protection under the 14th Amendment]? The judge said that if he really wants an answer, he'll have to ask the Circuit Court of Appeals.
Ventura's attorney, David Bradley Olsen, declined to comment. "Governor Ventura will speak to the press on Friday, Nov. 4, at noon, in front of the Federal Court Building in St. Paul," he said.
Dan Browning • 612-673-4493
Read the complaint filed by Ventura alleging 'sexual assault' by TSA
Ventura says he's done flying commercial, is applying for Mexican citizenship
Minniapolis Star Tribune
November 4, 2011
One day after Jesse Ventura lost his legal challenge to airport pat-downs and full-body scans, the former Minnesota governor declared Friday that he will "never fly commercial again" and just might run for president so he can change passenger security measures.
Ventura made his comments outside the federal courthouse in St. Paul, where in January he sued in opposition to January the Transportation Security Administration's (TSA) airport security procedures. The suit was thrown out because it must be brought in the Circuit Courts of Appeals, wrote U.S. District Judge Susan Richard Nelson.
After getting a titanium implant in his hip in 2008, Ventura's the suit said, he started lighting up airport magnetometers. At first, screeners waved a magnetic hand wand over him and sent him through. But last year, the TSA's enhanced screening procedures meant he had to go through invasive full-body scans or pat-downs, the suit added.
The scans reveal too much and the pat-downs require a security officer to grope his body, "including private and sensitive areas," the suit read.
"I will never ride commercial again," Ventura said to reporters Friday, adding that he hasn't flown in a year.
He complained that the federal courts are denying him constitutional rights and that he's unsure whether he will appeal Thursday's dismissal.
He contended that passengers are guilty until proven innocent. "I will not in a free country be treated like a criminal," he said.
Ventura added that he and his wife, Terry, intend to apply for Mexican citizenship and become dual citizens. The two have spent long stretches of time living in Mexico since he left office.
He then zeroed in on a longtime political reporter: "Look up, [Pat] Kessler," he began, pausing for effect to say that the only way he can change airport security is to run for president.
Asked whether he would actually run, Ventura responded, "I'm thinking about it." That's something he's done in previous election cycles, but he has never been a candidate for the White House.
Ventura, governor from 1999 through 2002 and earlier a pro wrestler as Jesse "The Body" Ventura, currently hosts "Conspiracy Theory" on the truTV network.
Dan Browning • 612-673-4493
Wow: Jesse Ventura sues TSA for 'unlawful sexual assault'
By Brian Lambert
Minniapolis Post
Jan. 25, 2011
No one pats down the Body, unless the Body wants to be patted down. With people like Michele Bachmann sucking up so much attention, we may have forgotten past royalty in the game of “me.” Mark Albert of KSTP says of the latest Jesse Ventura incident: “In a complaint filed Monday morning in the U.S. District Court for Minnesota, Ventura is suing the U.S. Department of Homeland Security (DHS) and its secretary, Janet Napolitano, as well as the Transportation Security Administration (TSA), and its administrator, John Pistole. Ventura accuses the agencies of violating his ‘basic rights to privacy and dignity, and his right to be free from unreasonable searches and seizures,’ after he received a pat-down by a TSA agent at the Minneapolis-St. Paul International Airport in November 2010. Ventura, who said he has a titanium implant after hip replacement surgery in 2008, alleges the pat-down included ‘warrantless, non-suspicion-based offensive touching, gripping and rubbing of the genital and other sensitive areas of his body,’ which, the lawsuit contends, met ‘the definition for an unlawful sexual assault.' "
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Governor Jesse Ventura, a/k/a James Janos,
Plaintiff,
v.
Janet Napolitano, Secretary of the
Department of Homeland Security; the
United States Department of Homeland
Security; John S. Pistole, Administrator
of the Transportation Security
Administration; and the United States
Transportation Security Administration,
Defendants.
Civil No. 11-174 (SRN/AJB)
MEMORANDUM OPINION AND ORDER
David Bradley Olsen and Wesley T. Graham, Henson & Efron, PA, 220 South Sixth St.,
Suite 1800, Minneapolis, Minnesota 55402, for Plaintiff.
Ana H. Voss, United States Attorney’s Office, 300 South Fourth Street, Suite 600,
Minneapolis, Minnesota 55415, and Tamara Ulrich, United States Department of Justice,
Civil Division, P.O. Box 883, Washington, D.C. 20044, for Defendants.
SUSAN RICHARD NELSON, United States District Judge
This matter is before the Court on Defendants’ Motion to Dismiss [Doc. No. 7].
For the reasons stated below, this Court grants the Motion to Dismiss and dismisses the
Complaint [Doc. No. 1].
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff Jesse Ventura, also known as James Janos, is the former Governor of Minnesota, a former professional wrestler and the current host of a television program
called “Conspiracy Theory.” Because of his television duties, he is required to travel
frequently by commercial airline. (Compl. ¶ 12.) In 2008, Governor Ventura received a
titanium implant in his hip. (Id. ¶ 13.) This implant sets off the alarms on screening
devices at airports. (Id. ¶ 14.) Prior to the events giving rise to the Complaint, when
Governor Ventura’s implant set off the screening device alarms, airport security would
screen him with a hand-held “wand” metal-detection device. (Id. ¶ 15.)
On September 17, 2010, the Transportation Security Administration (“TSA”)
issued new security screening processes for airports nationwide.1 These enhanced
screening processes include the use of body-imaging technology, including automated
imaging technology (“AIT”), which produces “detailed, three-dimensional images of the
subject’s body through and under clothing, including private and sensitive areas of the
body.” (Id. ¶ 18.) TSA has also authorized the use of physical pat-downs of some
passengers. (Id. ¶ 17.) Governor Ventura contends that he has been subject to such patdown
searches, and that he will be subject to whole-body imaging, because of his hip
implant, despite the fact that he poses no threat to airline safety. (Id. ¶¶ 21, 23.)
Governor Ventura claims that TSA’s policies violate the Fourth Amendment, which prohibits the Government from conducting unreasonable searches and seizures. In
Count I, he seeks a declaratory judgment that TSA and the Department of Homeland
Security, the Cabinet-level Department under which TSA operates, have violated his
Fourth Amendment rights. (Id. ¶ 47.) In Count II, he seeks an injunction against the
allegedly unconstitutional searches and seizures. (Id. ¶ 51.)
II. DISCUSSION
A. Standard of Review
The Government asks the Court to dismiss the Complaint for lack of subject matter
jurisdiction under Rule 12(b)(1). Because the Government questions the Court’s
jurisdiction, the Court is “free to weigh the evidence and satisfy itself as to the existence
of its power to hear the case.” Osborn v. United States, 918 F.2d 724, 730 (8th Cir. 1990)
(quoting Mortensen v. First Fed. Sav. & Loan Ass’n, 549 F.2d 884,891 (3d Cir. 1977)).
“In short, no presumptive truthfulness attaches to the plaintiff’s allegations, and the
existence of disputed material facts will not preclude the trial court from evaluating for
itself the merits of jurisdictional claims.” Id.
This is not the first challenge to TSA’s enhanced airport screening procedures to
be brought in federal courts. In every case, the court has determined that it lacks
jurisdiction to hear such challenges. See Roberts v. Napolitano, Civil No. 10-1966, 2011
WL 2678950 (D.D.C. July 7, 2011); Durso v. Napolitano, Civil No. 10-2066, 2011 WL
2634183 (D.D.C. July 5, 2011); Redfern v. Napolitano, Civil No. 10-12048, 2011 WL
1750445 (D. Mass. May 9, 2011); Corbett v. United States, No. 10-Civ-24106, 2011 WL 2003529 (S.D. Fla. Apr. 29, 2011).
B. Analysis
The Government contends that only the Circuit Courts of Appeals may review the
orders TSA promulgates. The relevant statute provides that
a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary . . .) . . . may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
49 U.S.C. § 46110(a). Governor Ventura contends that this section does not apply
because the procedure at issue is not an “order” within the meaning of the statute.
Further, he argues that this Court has jurisdiction to hear c
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