The American Spectator : Flight Risk

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Flight Risk

By Jeff Fulcher on 4.7.09 @ 6:08AM

A fiat currency-wielding Ron Paul supporter's encounter with federal airport security.

The odds weren't fair. They rarely are when it's six on one, with the bigger team enjoying home-field advantage in a windowless, concrete room.

Last March 29, Steve Bierfeldt was surrounded by TSA agents and police in the Lambert-St. Louis International Airport. He had just spent a long weekend shaking hands and schmoozing sponsors at the Campaign for Liberty regional conference, an offshoot of the movement spawned by Ron Paul's 2008 Republican presidential campaign. Bierfeldt just wanted to get back home to Virginia.

Air travel is as much ritual as function these days. You stand in line. Take off your belt, your shoes, your bulky outer garments. You cram shampoos and mouthwashes into three-ounce containers and then stuff those into clear plastic baggies. You herd yourself through stalls and past checkpoints. Bags get pulled aside, searched, and the occasional personal manicure set or contraband bottle of water is thrown into the trash.

When Bierfeldt's bag was flagged for search he figured it was simply one of those routine inconveniences of modern America. It's not like he was carrying anything illegal. He had a computer, some bumper stickers, brochures, and a box filled with $4,700 in cash he'd raised in his role as the Campaign for Liberty's director of development.

"I know there are some regulations regarding the number 10,000, and I thought as long as I was under $10,000 I was legal," Bierfeldt said. "For now it's still legal to carry cash." But it was the cold, hard cash and additional checks that caught the TSA's attention. And that's when the questions started.

"Why do you have all this money?"

"Where did it come from?"

"Who do you work for?"

Politely, Bierfeldt asked if the law forced him to answer the questions. When the answer was yes, he provided the required information. When the officers wouldn’t or couldn’t answer, he declined, citing his legal right to privacy. That didn’t satisfy the TSA agent, who dragged him into a closet-sized questioning cell.

"Anyone who knows anything about law enforcement knows you don't say anything to the police when they start questioning you about your actions," Bierfeldt said. He didn't have anything to hide and he hadn't done anything illegal, but Bierfeldt didn't want to give the authorities any information that could appear incriminating. Not in Missouri.

In March, an internal document surfaced from the Missouri Information Analysis Center (MIAC) titled "The Modern Militia Movement." The MIAC report identified potential domestic terrorists as tax resistors, anti-immigration activists, and anti-abortion advocates. It specifically singled out support for former presidential candidates Ron Paul, Bob Barr, Chuck Baldwin, or the Constitution and Libertarian parties, along with anti-tax bumper stickers, as common militia symbols. The Campaign for Liberty was mentioned by name.

An open letter from Barr, Baldwin, and Paul forced an apology from Governor Jay Nixon, but the report had already been distributed to Missouri law enforcement. Bierfeldt's options were simple: either risk falsely indicting himself as a potential terrorist or demur from voluntarily offering the authorities his private information. He chose to exercise his Constitutional right to shut up.

"Some people will say if you don't have anything to hide, just submit to government," Bierfeldt said. "Well, I don't trust the government with everything. The Bill of Rights protects the innocent from government abuse, so I don't think I should submit to them unless I have to.”

The officers started out about as nice and polite as any policemen who suspect you are drug smuggler or some other kind of criminal could be. Bierfeldt tried to return the favor. He gave the officers his driver's license, and they already had his property and boarding pass. But they just wouldn't answer that one question: Does the law compel me to answer your questions?

A little over four minutes into their back and forth, the officers lost their patience. Although his background check came in clean, and he was only suspected of legally carrying a large sum of cash, a team of police officers and TSA agents questioned Bierfeldt and tried to scare him. They invoked the ominous alphabet soup of DEA and FBI. They threatened to cuff him and take him downtown.

Some digital sleight of hand caught the whole encounter on tape. As he was pulled into the questioning cell Bierfeldt tapped the screen of his iPhone, activating its recently downloaded voice recorder. You can hear the officers get angry. They ask him if he is from this planet and advise him to say what they want to hear if he has nothing to hide. Eventually a plain-clothed agent walked in on the interrogation. Within minutes he examined the cash box and campaign literature, and immediately released Bierfeldt.

The rest of the trip was easy. The TSA agents grudgingly let him through security. Bierfeldt kept his cash box and his Fourth and Fifth Amendment rights. He even made his flight.

topics:
Civil Liberties

About the Author

Jeff Fulcher writes from Northern Virginia.

Letter to the Editor View all comments (32) | Leave a comment

Rocco| 4.7.09 @ 7:31AM

It's amazing to think that this is happening in our United States. And our government continues to shred our Constitution, even after members take the oath to support and defend it. Lies, all of it.

Pecos Pete| 4.7.09 @ 8:22AM

Just wait awhile, it will get worse. Like 275,000 folks trained by ACORN pursuant to the GIVE/SERVE Act. Or the upcoming census with those nice folks asking you some interesting questions.

1Freeman| 4.7.09 @ 9:19AM

The pressures of the current administration to circumvent the Constitutional rights for freedom have just begun. The courts are unwilling to protect our rights and are more and more the activist pawns of a controlling Government. Soon, standing up for your rights to freedom, privacy and free speech will get you an addition 5 to 10 in prison. If you are identified as a Christian you may get the optional solitary confinement. Just get used to it folks: this is just the beginning. You had your chance to fight against the "change" and you did nothing. Reap the benefits.

ccc| 4.7.09 @ 10:43AM

I'm sure Steve Bierfeldt would have been more cooperative if he had been subjected to a bit of rendition. Some water boarding would have gotten him to reveal his plots and conspiracies.

Appleby| 4.7.09 @ 11:00AM

In this day and age when everyone over the age of 4 has a camera phone that does videos, and everything ends up no YouTube, how long do you think this kind of shakedown is going to last?

True, some people are too stupid to realize they are being recorded and will continue to embarrass themselves before millions (Lewis Hamilton of the F1 McLaren Team, Exhibit "A") but before long the Binkie Boys will outsmart, outwit and out-tech them and the charade will end.

jharp| 4.7.09 @ 11:44AM

The guy was lucky they didn't seize his cash. That's what usually happens.

And I object to this just as vehemently as the wingnuts.

jharp| 4.7.09 @ 12:19PM

Rocco| 4.7.09 @ 7:31AM

"It's amazing to think that this is happening in our United States."

Where have you been Rocco? It's been happening since the early 1980's.

Just remember don't discuss it over the phone or via e mail. Thanks to George Bush we've lost those two rights to privacy.

Woofie| 4.7.09 @ 1:01PM

My father was a policeman, and back in those days their motto was "To Protect & Serve". In the years since his passing it's become more like, "To Harass & Intimidate", even among the police in the same small town where I grew up and still live.

I have no doubt that many or most or even all law enforcement agencies are now employing psychological testing to ensure that they hire only the overly aggressive sort of freaks described in the article.

Truth to Power| 4.7.09 @ 1:01PM

Our pet troll jharp seems to have forgotten that a Democrat, Jim McDermott made public illegally recorded conversations of one of his fellow citizens, Newt Gingrich. As with the recent shenanigans with the Alaska prosecutors we find that liberals like the disgusting jharp agonize over Khalid Shaikh Mohammad but could care less when their own party members violate civil rights. When the Craig Livingstone was going through raw FBI files of political enemies and the Clintons couldn't figure out who hired him, liberals were quiet. It is always useful to remember that the jharps of the world always put their party first. Civil Rights are just another weapon for them. What a phony.

jharp| 4.7.09 @ 1:10PM

Truth to Power| 4.7.09 @ 1:01PM

"Our pet troll jharp seems to have forgotten that a Democrat, Jim McDermott made public illegally recorded conversations of one of his fellow citizens, Newt Gingrich."

And you are an idiot.

What does McDermott's law breaking have to do with anything here?

For that matter, Truth to Power, what the hell does anything in your post have to do with the subject at hand?

Smarten up, ding dong. Stupid is no way to go through life.

Yizmo Gizmo| 4.7.09 @ 2:20PM

It's not just airports. This whole
"community watch" thing has morphed into
something insidious. I was just walking down the street in Boca Raton FLA in Spetember and some thug cop demanded I tell him my life story.
What kind of country has this become, you can't even walk down the goddamn street !

rw| 4.7.09 @ 2:21PM

jharp,

You idiot. Truth to Powers response is directly related to the subject at hand which happens to be government officials abuse of power.

Put the pipe down and step away from the lighter.

Ed| 4.7.09 @ 2:41PM

I used to travel a lot on business, particularly in the few years after 9/11 when the TSA rapidly expaned the number of 'agents' in its employment. Most of them gave me the distinct impression that the TSA just went to the nearest Burger King and started handing out badges to the employees (ding fries are done, ding fries are done).

imxio| 4.7.09 @ 3:00PM

Wow...children....do we really care who "started it"? How about we get together to STOP IT?

rw| 4.7.09 @ 3:11PM

jharp,

You birdbrain. I didn't know that Livingstome was convicted. What was he convicted of? Same for Jim McDermott. Same for Alaska lawyers.

Goverment officials are rarely charged with or convicted of abuse of power. Especially when it happens to be a democrat.

The TSA had no legal basis for detaining the passenger and threatening to arrrest him but did so anyway. That makes it illegal.

Moron.

Jturner| 4.7.09 @ 3:40PM

Outrageous!! The Constitution has been destroyed...as worthless as soiled toilet paper.... Elected officials are not much different from gangsters and law enforcement is behaving like mob enforcers.... This once great nation...founded on the highest of ideals is going to hell in a bucket and quick!

I think it is time to "DIVORCE"....let's split up the land.... and let each newly independent nation puruse their own prosperity or destruction as they see fit. I would love to be a citizen of the Republic Of Texas!!

rw| 4.7.09 @ 3:58PM

jharp,

The TSA has the right to question anyone but when they make threats against a citizen that has boken no laws then they are abusing their power.

The TSA agents could have done any number of things including acting within the limits of their authority. Instead they chose to harass and threaten a law abiding citizen. Fortunately for Bierfeldt, someone with a brain finally showed up.

BOb| 4.7.09 @ 6:00PM

For years we have willfully given this agency or that agency special power “tools” to address some problem either real or perceived. With frightening regularity these same tools get twisted and used against us. We had to “professionalize” airport security. We gave these people all kinds of authority and tools. Every so often they access the effectiveness and find that almost anyone can get almost anything through almost anywhere any given day of the week. But if you dare to question what they are doing or their abusive treatment be ready for a cavity search or worse.
To some it seemed perfectly reasonable to “take away the fruits” of the enterprise and the property seizure laws came into effect. Who could be against taking the property of the drug lords that poison our streets? Remember seeing the sports cars with the lettering on the side informing you that it was ‘Donated” by your local drug dealer? Remember when they were drafting ‘Hillary care” property seizure rules were inserted in the fine print to punish Drs or patient who gave inaccurate information on a health form. After 9/11 we were all seeking to root out the terrorists in our midst and a wide array of laws passed to help protect us from a very real threat. Just for grins look in your local paper and see how many times local DAs charge average citizen with terroristic threats for what used to be domestic violence or disorderly conduct type offences.
Look at how the window opened by majorities in both houses and signed President Bush and in part affirmed by the SCOTUS called McCain Feingold is expanded to take away ever more of our first amendment rights. Look how the “emergency legislation” passed last fall to deal with the economy is being used for all manner of draconian intrusions into the market.
Every time we grant more power to government our rights are diminished and we are less free. Regardless of whether the threat is real or imagined any expansion of authority ultimately leads to abuse.
It is why I am conservative, limited government means it is smaller and has less opportunity to infringe on the rights of the citizens it claims to protect.
The really scary time is when the reigns are transferred to a team that really seeks the power.
Every day we move closer to being ruled as subjects and further from the free citizen enjoying individual liberty. We have ceded too much power to the state at every level, and I honestly have no idea how we will ever unscramble those eggs.

Eddie B.| 4.7.09 @ 6:26PM

jharp??? Isn't that the new improved version of Depends?

mike| 4.7.09 @ 7:04PM

and some wonder why I drive if it's a trip under a thousand miles

DDG| 4.7.09 @ 7:16PM

To me it is simple. The TSA agents, and local police officers that were involved, committed a crime. They unlawfully detained Mr. Bierfeldt. If they wanted to discuss a weapon he had been carrying, then they would be within their authority. He had no weapon and there was no reason to detain or delay him beyond opening and inspecting his baggage. The officers involved should have their employment terminated immediately and be prosecuted to full extent of the law. Of course, we know the authorities in charge will never prosecute their own, let alone discipline those involved in any serious manner.

When did the purpose of an airport security checkpoint to be more than a check of passengers and baggage for threats to aircraft and other passengers? If the purpose according to TSA and other law enforcement is to interrogate travelers regarding anything they wish, then why not setup checkpoints at state and county borders where travelers can be searched and questioned? There is no difference. If you would not tolerate state and county checkpoints (for security of course), why would you accept the same at an airport when the passengers are only traveling within the U.S.? These are not ports of entry to the U.S.

Stand up now to preserve the few rights you retain, and maybe restore those already diminished or lost, before you wake up one day with the local Gestapo officer breaking down your door.

Chemman| 4.7.09 @ 7:25PM

Bob, don't always agree with you but this time the analysis is 100% accurate.
Mike: ditto. If I have the time to drive I drive.

No matter how reasonable a security rule sounds you need to ask yourself what is the logical extreme it can be taken to by those who desire power. When you think you've reached that extreme raise it to any exponential power and you will only them be approaching the ballpark the extreme inhabits. "Those who give up freedom for the illusion of security" in the end will have neither.

Thom| 4.7.09 @ 7:58PM

Bob said, "I honestly have no idea how we will ever unscramble those eggs."

We didn't vote ourselves out that mess back in 1775 did we? The Founder knew what they were doing when they put limits on government and separated its powers. They knew the power to tax was the power to create loyalty to those in government and thus created a proportional tax system that made everyone equal under the law rather than dependent on it. Thousands of years worth of failure and wisdom from countless attempts at self government are dying right in front of your eyes…..

Osamas Pajamas| 4.7.09 @ 11:53PM

See?! Ya don't hafta be a "wing-nut" to despise the government. You arm these "public servants" and you are surprised when they decide to rule you, to issue commands and order you about? Here the real nut-cases --- the lovers of government.

macdaddy| 4.8.09 @ 12:23PM

Guys, what exactly are you up in arms about here? That's a lot of cash. Think those scanners are sophisticated enough to know it's less than 10 large? The TSA was suspicious and they checked it out. Mr. Bierfeldt was, I'm sure, being extra-special polite, you know how personable those Ron Paul people can be, as he asserted his Constitutional rights. A cop leaned on him and didn't get him to state anything other than the truth. He was charged with nothing, kept his cash, his iphone with recording of the event, and even made his flight. If Mr. Bierfeldt were up to something else and still got through, we'd be here denouncing the TSA for being a bunch of Barney Fifes who are so bad at their jobs that they can't even be trusted with a loaded gun. So this makes for a good story that shows how superior we all are, but it proves nothing. Last time I checked there was no Consitutional right to fly on an airplane and Congress is certainly acting within the Consitution when it regulates how that flying is conducted. Next time maybe Mr. Bierfeldt should drive.

yourstruly| 4.8.09 @ 1:03PM

macdaddy - Mr. "there is no Constitutional right to fly on an airplane" - are you kidding me?!! There is a constitutional right to liberty as a law-abiding citizen of the United States! Bierfeldt did nothing wrong and they detained him, not just asked him questions - detained! It's people such as yourself who are enabling the government to stomp all over our freedoms more and more.

livefreeordie| 4.8.09 @ 1:38PM

Macdaddy has cut right to the heart of the issue:
There is no constitutional right to fly on an airplane, so Bierfeldt should be grateful the TSA,
who are just trying to do their jobs, let him go without giving him the sound thrashing he clearly deserved. Damnitt Bierfeldt, and all you other Paulsters, be loyal to our rulers, love government,
and be polite to the TSA. When they ask a civil question, if you're a good American you'll answer
it, and none of this snotty nonsense about your so
called freedoms. My God, without TSA don't you realize we'd all be speaking Arabic by now?

Liberty Lady| 4.8.09 @ 2:55PM

Every time we grant more power to government our rights are diminished and we are less free. Regardless of whether the threat is real or imagined any expansion of authority ultimately leads to abuse.
Bob--WELL SAID! "It is why I am conservative, limited government means it is smaller and has less opportunity to infringe on the rights of the citizens it claims to protect."

Tim| 4.8.09 @ 8:00PM

What has TSA accomplished in the last eight years?
Anyone?
They could melt down all the confiscated toenail clippers and build a new aircraft carrier.

macdaddy| 4.9.09 @ 1:06AM

I just checked the Constitution...nope, nothing about flying on an airplane in there. I did see some stuff about Congress being able to regulate interstate commerce. I'm pretty sure most airline travel qualifies as that. If you don't like how Congress has regulated it, complain to your Congressman, but as it stands, as everyone else on the face of this planet knows, when you try to get on an airplane, the TSA can pull you aside and start asking you questions. Mr. Bierfeldt decided to be cute/paranoid and not answer the very questions that he has now so freely answered and had posted on the internet. And yet nothing happened to him. And you guys fell for it.

Kevin Riley O'Keeffe| 4.9.09 @ 11:30AM

In May, I will be traveling from the SF Bay Area to Omaha. And I will be taking Amtrak both ways. Its because of crap like this that I will be doing so. The airliners may wish to take note. I know another guy who takes Amtrak from Chicago to the Pacific Coast a couple times per year, for the exact same reason. And a lot more people simply try to avoid traveling at all, these days. The airlines, and their lobbyists, should take not: This find of fascistic, neo-"conservative" Tom Foolery is costing them money.