Meanwhile, the lawyers for Alkon and Magee are sharpening their verbal knives for battle. "This incident has been completely fabricated," says Vicki Roberts, Magee's lawyer. "The evidence will show that she planned it in advance, and unfortunately my client was the victim of her scheme."
Roberts declined to provide details.
As for the alleged defamation, Roberts says: "Free speech is not absolute. Accusing somebody of a crime they didn't commit is defamation per se."
Not surprisingly, Alkon's lawyer, Randazza, disputes Roberts' legal theory. "The conduct fits a reasonable definition of rape, and if you say something truthful, it's not defamation. In addition, you have the right to use linguistic license."
Randazza says he supports Alkon's stance against the pat-downs. "Frankly, I'm proud of her. Every time I go through an airport, I think it's my responsibility to resist. I never go through those machines [body scanners]."
As for the legal issue of defamation, Dov Fischer, a defamation expert on the faculty of Loyola Law School, after reviewing the circumstances, says Alkon probably would win.
"She explicitly defined the word 'rape' as she meant it," Fischer wrote in an email. "She did not leave any doubt what she meant by 'rape.' That is, she made clear that she was using the word 'rape' as a surrogate verb for the process of a TSA agent sticking her fingers probingly into Alkon's private female organs. There is no way a reader can think that Alkon was accusing the TSA agent of having committed rape in the classic sense of the term."
The one caveat, Fischer added, is if Magee can prove that the intrusive pat-down did not occur in the way Alkon described it.
Randazza says the best outcome at this point would be if Roberts convinced her client that she doesn't have a case. Roberts, meanwhile, insisted earlier this week that she is preparing a lawsuit.
No way a person can get their fingers INTO a vagina THROUGH the pants and panties. I know it's popular to rag on the TSA but i really doubt this happened like Amy claims, and frankly if she had the wherewithal to stand there and scream and make a scene while her vagina was probed FOUR TIMES she could just as easily have stepped away and demanded to see a supervisor. Sounds like she wanted the confrontation more than a resolution.
TSA can created problems and inconvenience for anyone, who do not follow their orders, even to the peoples who worked with them. And the problems started at the top...I, myself have an on going complaint against a TSA Director of DHS in Washington DC. I filed a complaint with Homeland OIG in mid August, and I have not heard back from them. I have called and checked on the complaint, and they asked me to be patience. The Director of TSA was at the Prime Time Pub in 2007 and again in 2009 to conducted a project, which proved to be disaster, that involved me and Dept. of Alcohol Beverage Control. After the project went bad, he is no where to be found. I knew this Director since 2002, in the beginning of Homeland when he was nobody important. He was bad before and now he is worst. Homeland is only 8 yrs. old and they already have over 130,000. agents, most of them only have High School diploma. Homeland requested a budget of 56.9 billion for 2012. That is double since its inception in 2003, and 14.2% goes to TSA...With all that money and agents, DHS have only a handful of peoples working at OIG Hotline. When I called and filed a complaint, Mickey, the girl who work at the main OIG building, told me that their OIG Dept. is not independent ( It is like come to a football game, and get to bring your own referee ). And she also told me, the best way to file a complaint is to email it in, and they will take a look at it, maybe they will open an investigation, or maybe they won't. The OIG expected the peoples, who may experiences problems with TSA, ICE or FEMA to know how to compose a letter, also have access to a computer, and be patiently waiting for them to decide maybe, or maybe not... After all, I do not expect much from a 2 yrs. old programs within a 8 yrs. old Dept...I am wondering is that good to give a very young Dept. a lots of money, and a giant agents with absolute powers. Homeland needs to be regulated before get out of hand...
This is disgusting. How many millions go through TSA every day. This attention whore is using the TSA as a media promotion tool and nothing else. I think it is referred to as being a chronic complainer. To cry rape.... HOW DARE YOU! Sweetheart, you don't know what rape is, and had you ever experienced the true horror of that act, you would not ever liken it to a TSA pat down. I hope the TSA employee's $500k suit shames you into no longer being a complete asshole.
Sounds like you are a liberal perv who is attacking a libertarian for defending her rights as an American. Freedom of speech only counts for those that agree with you, right? Idiot.
If Thedala Magee loses her frivolous lawsuit, will you be available for comment and if so, how can you be reached?
For TSA to say that they have received less than 1,000 complaints is not because they don't deserve them. Most of us are afraid that they'll innput our names in their system and make us more miserable the next time we travel.
Every member of the TSA is a part of a systematic raping of the American people of their constitutional rights. By putting her hands in between Ms. Alkon's labia, the airport security screener went even beyond the rape allowed by the TSA. Assuming truth of the accusation, Ms. Magee should be in jail.
Vicki's not just a lawyer--she's a celebrity!
http://www.imdb.com/name/nm239...
"Michael Jackson Memorial (TV movie)Herself - VIP audience (uncredited) "
Vicki Roberts has quite the career. I wonder if she contacted the TSA agent and offered to represent her.http://www.restmycase.com/ente...
One of those TSA agents got a big surprise when she told me to stretch out my arms, which I did, then she walked into my left hand with her chest. I didn't move. A lady is not required to move when someone pushes up on her. She was so mad she walked away, without telling me I could leave. I waited until she finally told me to go. HA!
"At issue in particular are pat-downs TSA conducts when air travelers refuse to go through body scanners at the airports."
Nope.
These assaults are usually perpetuated against the docile majority who consent to irradiation. Not only are the machines medically hazardous, but they simply don't work. 40% of the time the submissive radiation victims are groped as a result of the machine having malfunctioned.
While 100% of the people who refuse to be irradiated are groped, 40% of those who submit to irradiation are groped as well.
Benjamin Cole, like so many people around the country, either is unaware of what is actually going on at airports, or is aware but in denial.
Amy Alkon is far from the only person who has been thus abused. Thousands upon thousands of others also have. Don't believe me? I've been tracking these abuses for over a year. Take a look:
"As to Alkon's allegations against Magee, Melendez says: "We had personnel at the security checkpoint when the pat-down occurred. It was witnessed and it was handled appropriately." "
So that's what all the male TSA screeners are doing when gawking at girl-on-girl action at the checkpoint: they are witnessing. Yep, they sure are.
How can a "witness" know whether or not a screener is sticking her fingers into a one's private parts, Nico?
Not only am I TOTALLY behind Ms. Alkon, if she ever starts a Legal Defense Fund I'll be sending money THE MINUTE I hear about it.
Go Amy Go! Those of us that complain to our government representatives about the violations done in the name of security are behind 100%!
Put it this way, if she STOOD in the middle of an airport and dug her fingers where they did in front of others, she's be cited for lewd conduct.
Yes Benjamin. Rape is the penetration of a person's body by another person, without consent for said penetration. So, being stabbed with a knife is rape, as is male rape (anal penetration).
Yes, Benjamin... at least in the surrogate sense. You might not understand (being that you are a "Benjamin" and all), but having some stranger stick fingers in a females' private parts does, to many of us,constitute rape.
Indeed Wendy. For any male that cannot fathom how that could be rape, or at the very least overly invasive, let that same hand delve an inch or so into his rectum and, even through the pants, I'm sure he might "get the point".
Benjamin Cole, like so many people around the country, either is unaware of what is actually going on at airports, or is aware but in denial.
Amy Alkon is far from the only person who has been thus abused. Thousands upon thousands of others also have. Don't believe me? I've been tracking these abuses for over a year. I can't post the link here or this comment will get booted to Moderation and may never come out. Go to Travel Underground (domain is dot-org) and look for Master Lists of TSA Crimes and Abuses.
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