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Simon Letter to Florida Officials Regarding Unconstitutional Profiling
By U.S. Air Marshals
The following letter was also sent to Senator Bill Nelson and
Represenatives Robert Wexler and Alcee Hastings
September 24, 2002
The Honorable Bob Graham
United States Senator
524 Hart Senate Office Building
Washington, DC 20510-0903
Re: Unconstitutional Conduct of United States Air Marshals on Delta Flight 442
Dear Senator Graham:
I write on behalf of two clients of the American Civil Liberties Union, Dr. and Mrs. Bob Rajcoomar, who were passengers on Delta's Flight 442 from Atlanta to Philadelphia on August 31, 2002. The Rajcoomars reside in Boca Raton. Dr. Rajcoomar was commissioned as a Lt. Colonel in the United States Army Reserves when called for active duty during Desert Storm and he maintains a medical practice in Lake Worth.
Their flight may have already come to your attention as a result of the national press accounts concerning the behavior of the Transportation Security Administration marshals who held passengers at gunpoint for the final 30 minutes of the flight's duration. However, you may not be aware of the details concerning the arrest and detention of Dr. Rajcoomar, which have been recently reported in the New York Times (see "High Altitude Rambos," The New York Times, September 23, 2002).
Despite the fact that Dr. Rajcoomar gave the marshals absolutely no legal cause, indeed gave no cause whatsoever, he was removed from the flight in handcuffs and held for nearly four hours before being released without charge. Indeed, TSA personnel have said that that he was treated in this unconstitutional fashion simply because he had been observing too closely. Prior to this official statement, however, one of the air marshals specifically told Dr. Rajcoomar that he was arrested simply because these federal officials did not Alike the way he looked.
Clearly the original explanation bespeaks of impermissible race profiling, which I am sure you abhor and indeed which our President has stated will not form the basis for law enforcement in this nation's war against terrorism. As for the second explanation, I am sure you will agree that it cannot pass constitutional muster.
Aside from the wrongs done to the Rajcoomars, each and every one of the passengers on that flight was subjected to the horror of being held at gunpoint by the air marshals for the last 30 minutes of the flight. It is not clear that the marshals should ever have responded to the passenger who was observed looking through the overhead compartments at other passengers' luggage. Yet even if their assistance had been required, I hope that you will concur that once the individual in question had been subdued, there was no need to hold hostage all of the passengers on that flight.
The Rajcoomars wish to ensure that no one has to endure the kind of treatment that he and the other passengers received at the hands of Transportation Security Administration Air Marshals. I am writing in the hope that you will immediately begin an investigation of the training and conduct of the armed personnel who are now placed on civilian aircraft. There is reason to believe that given the rapid expansion of the air marshal program, the TSA is hiring persons who are truly not qualified to fulfill such critical responsibilities. Moreover, once hired, it would appear that the future air marshals are not receiving appropriate or sufficient training. All told, in this instance, it is fortunate that no one was killed. Without immediate corrective measures, we may not be so fortunate in the future. Both Dr. and Mrs. Rajcoomar are prepared to assist you in any way should you choose to review the air marshal program.
I believe the Rajcoomars are not only owed an apology from our government but compensation for the unconstitutional arrest and detention, as well as for the emotional distress inflicted on both Dr. and Mrs. Rajcoomar. I look forward to hearing from you.
Sincerely yours,
Howard Simon
Executive Director
Cc: Dr. and Mrs. Rajcoomar
Sen. Bill Nelson
Re. Robert Wexler
Re. Alcee Hastings
