Ridge Unaware of TSA's Threatening Email to Armed Pilots
By: Administrative Account | Source: CNSNews.com
February 2, 2004 11:34AM EST

By Jeff Johnson
CNSNews.com Senior Staff Writer
February 02, 2004

(CNSNews.com) - The Transportation Security Administration's recent email to participants in the armed pilots program, threatening them with dismissal and fines if they disclosed classified information about the program to members of Congress, was apparently sent without the knowledge or approval of the cabinet secretary who supervises TSA.

Homeland Security Secretary Tom Ridge last week said he did not know about the email, which one congressman called "the final straw" in TSA's handling of the armed pilots, or Federal Flight Deck Officer, program. The program was a key component of the anti-terrorism legislation passed by Congress and signed by President Bush in the aftermath of the Sept. 11, 2001 terrorist attacks.

On Thursday, following TSA's retraction of the emailed threat, U.S. Rep. Joe Wilson said he was "hopeful" about the agency's attitude. He also said he could understand why Ridge, whose jurisdiction over the massive Department of Homeland Security includes the Transportation Security Administration, would be unfamiliar with the controversy.

Many pilots, including some who are currently participating in the program, are displeased with the manner in which TSA has implemented the law authorizing volunteer commercial airline pilots to carry guns to defend their planes from terrorist hijackings.

As part of its investigation into the program, CNSNews.com talked with a number of Federal Flight Deck Officers (FFDOs) who shared concerns only on the condition that no identifying information would be revealed to prevent feared retaliation.

The pilots detailed concerns about the manner in which FFDOs are required to transport their weapons, along with complaints about background investigations, psychological examinations, release of personal information about applicants and the remote location of the program's single training facility, among others.

On Jan. 16, one day after the original CNSNews.com investigative report was published, TSA emailed all FFDOs warning them not to discuss their concerns about classified aspects of the program with members of Congress, among others. The message was labeled with the subject line "Unauthorized Disclosure of Sensitive Security Information (SSI)."

"Recent public disclosure of SSI by FFDO's in the media, to law enforcement gatherings and congressmen is most alarming and a serious breach of security," the message stated, warning that such disclosures "must be referred to TSA Internal Affairs for investigation."

"Failure to properly protect SSI," the message concluded, "may lead to removal from the FFDO program and civil fines."

CNSNews.com obtained a copy of the email and shared it with Rep. Wilson, who has been one of the chief House advocates for arming pilots. He said the message was the latest in a growing list of offenses prompting him to push for a legislative remedy to the pilots' concerns.

"The final straw was the email restricting [FFDOs] from communicating their point of view with Congress," Wilson said, "which apparently was in response to [the CNSNews.com ] article." The email, he added, represents "an effort to chill the discussion of this issue, which, instead of chilling my interest only piques it more."

TSA tells FFDOs that emailed threat 'was sent in error'

On Jan. 26, CNSNews.com published a second exclusive report containing Wilson's response and details of proposed legislation he and Sen. Jim Bunning (R-Ky.) intended to introduce "right away," called the "Cockpit Security Technical Corrections and Improvements Act of 2004." The legislation would eliminate almost all discretion on the part of TSA over whether a pilot could participate in the FFDO program.

Later that day, TSA issued a second email message to all FFDOs, a copy of which was also obtained by CNSNews.com . The new message appeared above a copy of the original email and contained only three sentences:

"Cancel this email. It was sent in error. Further guidance on this subject to follow."

Wesley Denton, spokesman for Wilson, said Jan. 27 that, "this retraction is too late and too convenient to have been issued immediately after the story broke.

"This new email does not settle the matter. Congressman Wilson intends to proceed as if the original message accurately characterized the intentions of the TSA and to encourage [Homeland Security] Secretary Ridge to investigate," Denton said. "Even if it was sent in error, it doesn't change the fact that the TSA is dragging its feet in not making the armed pilots program as widespread as Congress intended."

FFDOs receive third, more detailed message from TSA

The "further guidance," referenced in the second TSA email, also came on Jan. 27. A third message was sent by the "Acting Chief Operating Officer/Associate Administrator," addressed to "Pilots in the FFDO Program," and took a much different tone from the agency's initial message:

"The recent e-mail that was transmitted regarding SSI material handling was sent in error and not in keeping with the spirit and intent of the TSA FFDO program," said the third message, which was signed "Sincerely" by "G. M. Karamarkovich."

The author assured recipients that, "Additional review of prospective e-mails at a more senior level prior to their transmission will help alleviate this problem from taking place in the future."

The third message continued, complimenting FFDOs for their handling of SSI material, and offering help "if we can assist you in any way in executing your SSI responsibilities."

The issue of discussing the FFDO program with members of Congress was also specifically addressed, although disclosure of SSI material during those discussions was not.

"Additionally, TSA is very proud of your efforts to help tell the FFDO story to Congress and other elected officials whenever the opportunity presents itself," the third TSA message stated. "This openness and respect for our elected leadership is absolutely crucial and our entire organization is focused on fully supporting this belief."

The message concluded by thanking the FFDOs for their willingness to participate in the program, saying that TSA is "proud to be partnered with you in protecting America and confident that the FFDO program is moving forward in an efficient and effective manner."

Pilots' group doubts sincerity of TSA turnaround; Wilson 'hopeful'

Wilson was pleased with the apparent change in TSA's attitude.

"The reaction, actually, is a confirmation that the initial email was improper and, indeed, it had a chilling effect," Wilson told CNSNews.com. "So, I am very happy, in fact, that there has been a retraction of the initial email, which chilled communications, to one which now gives the hopeful implication that there can be communication between pilots and elected officials, particularly members of Congress."

First Officer Robert Sproc, vice president for government affairs at the Airline Pilots Security Alliance, was less accepting than Wilson of TSA's retraction.

"One has to wonder if the TSA would pass its own psychological testing to be in this program, when you see the bi-polar nature of the comments in the emails," Sproc said.

"[TSA's retraction is] completely lacking in sincerity," Sproc continued. "Their actions speak louder than words. They've had the better part of a year to institute a program that would attract tens of thousands of pilots but, in reality, they only have about one thousand trained."

Sproc pointed to an exchange he had with TSA Director of Communications Mark Hatfield during a Jan. 21 appearance on "The Abrams Report" on MSNBC.

"The fact is in your world, sir, these hero pilots will be stopping armed robberies in 7-Eleven's or saving women from street thugs," Hatfield said to Sproc, "and that's not what the program is designed for."

"I'm glad that we're getting to see the prejudice that the TSA has long held against pilots," Sproc responded.

Wilson was not surprised by Sproc's perception, but wanted to remain optimistic about the TSA's apparent change of heart.

"I can understand [Sproc's] point of view, but I wouldn't want to say that response is not sincere," Wilson said. "What I really believe is that it verifies why we need to persist, because the final straw, again, has been that there would be an effort to chill communications."

Because TSA is a division of the Department of Homeland Security (DHS), and because TSA has refused any substantive comment on the investigation to date, CNSNews.com also spoke with Homeland Security Sec. Tom Ridge, following a Jan. 29 press conference on an unrelated matter. Ridge was asked whether he was aware of the TSA email threatening FFDOs with fines and dismissal for discussing classified aspects of the program with members of Congress, the media or others.

"We'll get back to you," Ridge said. "We will, shortly."

Ridge's press secretary, Brian Roehrkasse, accepted copies of the Jan. 16 and Jan. 26 CNSNews.com reports on the issue along with the organization's contact information.

Wilson said he could understand why Ridge would not be aware that TSA had retracted the original email message.

"It would be my view that the Department [of Homeland Security] is so large that I wouldn't attribute to any secretary that they would know about every email," Wilson said. "I don't think that it would be something that would automatically have come to his attention."

But Wilson said he plans to make Ridge aware of the situation in a "very friendly" letter.

"I am circulating a letter immediately to Secretary Ridge expressing concern about the roadblocks that are being placed in regard to pilots being able to become armed in a pilot-friendly manner," Wilson said. "I also, in that letter -- we will maintain the wording as it is -- express concern about the [first TSA] email, which was chilling communications."

More than 20 members of Congress had signed the letter as of Jan. 29 and Wilson planned to continue its circulation.

Ridge's spokesman replies to inquiry

Roehrkasse called later that same afternoon and left a voicemail message defending TSA's emailed threat, but did not acknowledge either of the retraction messages.

"The [first] email that came out from TSA did not tell the Federal Flight Deck Officers to not talk to reporters or members of Congress," Roehrkasse argued. "It tells them not to release classified Sensitive Security Information, which, if you've read the Aviation and Transportation Security Act, you would understand that Congress created that 'Sensitive Information' classification specifically so information could be protected from outside sources."

Roehrkasse did not clarify whether or not it was DHS's interpretation that TSA had the authority to prevent FFDOs from telling members of Congress about the SSI aspects of the program that Congress created.

Wilson said he hopes that his letter to Ridge will spur the administration to correct many of the problems with TSA's implementation of the FFDO program.

"They need to meet with the pilots and to work out the details on how the program can be fully implemented in the spirit of what Congress intended," Wilson said, "which was for pilots who chose to be armed to be armed, without all of the different roadblocks."

But Wilson said his legislation limiting TSA's discretion over the FFDO program would move forward, regardless of whether the executive branch agencies choose to take that corrective action.

"We're continuing to work out the fine tuning, working with Congressman John Mica (R-Fla.) and, certainly, working with Senator Jim Bunning (R-Ky.)," Wilson explained.

"The substantive roadblocks are still in place and need to be lifted," Wilson added. "The mental testing, the very arcane and obscure method of training with only one location; all of this needs to be addressed."

Sproc agreed.

"Absolutely," Sproc said. "Any pilot who can pass the Brady criminal background check and who is a valid commercial airline pilot should have the opportunity to attend the FFDO class and protect their passengers."

CNSNews.com contacted the DHS press office on Jan. 29 and 30, offering Roehrkasse the opportunity to explain the discrepancy between his statement defending the original TSA threatening email and TSA's retraction of that message. A DHS telephone operator said Jan. 30 that Roehrkasse had been in meetings with Ridge "all day" but that, "I'm sure he wants to respond."

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