If it’s DoT and DoJ lawyers just act as hired guns, I’ll pay attention to DoT and TSA statements and policies.

If it’s DoJ, say the Civil Rights division, I’ll listen hard if a DoJ staffer offers me some informal advice about the exposure that could result from too many Arabs in the search line.

If it’s individual passengers, I’ll protect my company by … by … well, I don’t know, IANAL.

Any thoughts?

You went on to say, “So, Dan Pipes says that the Philadelphia Daily News says that Arlen Specter says that his staff says that the Department of Transportation says that it’s not true. Good enough for me!

Not so fast, Patterico!

Let’s look at what the http://www.danielpipes.org/blog/225” rel=”nofollow”>Pipes web-log entry that Gill cites actually says. Scrolling down, the April 29, 2004 update reads:

“More from Michael Smerconish on this matter. He found two statements given by airline executives to the 9/11 Commission on Jan. 27, 2004, that back up the Lehman and Kelleher comments. A security expert for United Airlines, Edmond Soliday, testified about “a visitor from the Justice Department who told me that if I had more than three people of the same ethnic origin in line for additional screening, our system would be shut down as discriminatory.” In addition, the CEO of American Airlines, Gerard Arpey, testified that when the crew was uncomfortable with passengers on their plane and asked that they be removed, the Department of the Transportation sued the airline. Smerconish is trying to get the policy straight from the DoT but running into resistance and writes that he’s starting to think “cover-up.”

Far from supporting Gill’s effort to discredit Lehman’s allegation, Pipes’ entry adds weight to the substance of Lehman’s charge!

It gets better. Michael Smerconish is the The Philadelphia Daily News reporter Gill referenced through Pipes, to the effect that DoT says that Lehman’s allegation is untrue. Smerconish’s follow-up 4/29/04 article–linked by Pipes– does indeed relay the DoT statement. But Smerconish contrasts it with the Edmond Soliday testimony, with testimony from Gerard Arpey (AA CEO), and with an interview with Herb Kelleher (founder of Southwest).

Smerconish’s take:

“After I first wrote about this subject, DoT denied that it ever restricted the number of individuals of one ethnic group who could be questioned at one time, implying that Lehman, Soliday and Arpey all got it wrong:

‘…A member of the 9/11 Commission was incorrect in telling… that the Federal Aviation Administration used a quota restricting the number of foreign passengers that could be subjected to secondary screening at one time. Despite the testimony… cited in your column, secondary screening of passengers is random or behavior-based. It is not now, nor has ever been based on ethnicity, religion or appearance.’

“Wait a minute. Is that supposed to make us feel better? Safer? Hardly. I think DOT is part of the problem and so is the law on which their policy is based.”

He concludes:

“I’m starting to think “cover-up” as I wait for DOT to explain why:
– The security chief for United testified that United was told to limit the number of Arabs being questioned at one time.
– The CEO of American testified that American’s been sued by DOT when crew have asked that certain passengers be removed.
– Herb Kelleher confirmed the aura of political correctness.
–John Lehman felt compelled to ask Condi about this subject.

“Clearly, DOT still doesn’t get it. Logic dictates that airport security take a longer, harder look at individuals who have ethnic, religious and appearance factors in common with the Islamic extremist men who have initiated war against us.”

Patterico, this is the source material that Kathy Gill used to debunk the claim that Lehman’s concerns had any merit. Still good enough for you?

Gill’s “debunking” account was not based on hearsay. Hearsay may or may not be true. In this case, the evidentiary support collapses when one follows the links she supplies in her about.com piece. I think she disingenously relies on quoting out of context.

Pipes doesn’t take the position that Gill has him taking.

Snercomish doesn’t take the position that Gill attributes Pipes attributing to him.

Sorry I wasn’t clear in my turn.