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DeSantis is not stopping his migrant charters. And Biden world can't do a thing about it.
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Leroy N. Soetoro
Sep 25, 2022, 5:12:15 PM9/25/22
to
https://www.politico.com/news/2022/09/25/biden-faa-desantis-migrants-
marthas-vineyard-00058691
There’s probably little the Federal Aviation Administration can do to stop
DeSantis from continuing the flights, people familiar with the agency’s
legal authorities say.
The company that Florida GOP Gov. Ron DeSantis used to send dozens of
migrants to Martha’s Vineyard operates charter flights under approvals
granted by federal transportation regulators who have almost absolute
power to regulate safety in the skies.
But there’s probably little the Federal Aviation Administration can do to
stop DeSantis from continuing the flights, people familiar with the
agency’s legal authorities say — even though President Joe Biden and other
Democrats have condemned the flights as cruel publicity stunts.
The same laws that give the Federal Aviation Administration its vast sway
over air safety also restrict its ability to intrude otherwise into the
operations of charter companies. And the migrant flights probably don’t
violate the FAA’s regulations, former agency officials say, despite
accusations that DeSantis and his operatives violated the migrants’ civil
rights.
The FAA itself has shown little eagerness to join the fray. When asked to
discuss the bounds of the agency’s authority on DeSantis’ gambit, a
spokesperson said only: “The FAA’s mission is safety.” The agency’s
parent, the Department of Transportation, referred back to the FAA’s
statement.
The predicament showcases some of the limits on Biden’s authority to
counter the increasingly brash moves of Republican governors who are
sending undocumented immigrants to heavily Democratic communities. Besides
DeSantis, governors using the tactic include Greg Abbott of Texas, who has
bused thousands of migrants to cities such as Washington, New York and
Chicago in recent months, as well as Arizona Gov. Doug Ducey.
The governors have said they’re calling attention to what they charge is
the failure of Biden’s border policies.
A civil rights law firm filed a federal class-action suit against DeSantis
on Tuesday over the two planeloads of migrants, mostly Venezuelans, who
landed on Martha’s Vineyard on Sept. 14 after being transported from
Texas. Multiple Democratic elected officials have urged the Justice
Department to investigate the Florida governor’s actions, while Biden has
accused Republicans of “playing politics with human beings, using them as
props.”
But the FAA is not best equipped to lead that fight, people knowledgeable
about the agency say.
“I don’t see FAA in this at all,” said one former agency official, who
spoke on condition of anonymity so that he could speak freely about the
agency’s business.
For a charter service to operate, the FAA has to deem its fleet airworthy
and the company’s maintenance and operations practices adequately safe.
Only then does the agency issue a certificate saying it can carry
passengers for hire.
The DOT must separately issue a certificate saying the company has
adequate financial backing to serve consumers.
If a charter company flies for hire without either of those approvals, the
FAA considers it a “rogue operator” that it “works aggressively to
identify and shut down,” according to the agency.
That doesn’t necessarily offer it much leverage over Ultimate JetCharters,
the company that conducted the Martha’s Vineyard flights as a
subcontractor for Vertol Systems Co. Ultimate JetCharters received federal
approval to carry passengers for hire in 1984, according to the National
Air Transportation Association, an industry trade group.
Vertol, an Oregon-based flight and maintenance training and aviation
support services company, received $615,000 from the state of Florida to
facilitate the flights. The funds were part of a $12 million budget
allocation the Florida Republican-led Legislature approved to transport
migrants.
The former FAA official said nothing that’s come to light about the
migrant charters indicates that any problems arose related to the “safety
of flight” — meaning the ability to ensure that passengers arrive at their
destination without their plane crashing. The FAA has in the past
suspended or revoked charter companies’ ability to operate for having
inadequately licensed and trained pilots, using aircraft that the agency
had not approved for use, ignoring rules limiting pilot flight hours and
other violations.
The FAA has some authority to regulate what commercial airplanes carry,
and to punish operators that don’t follow the rules. But those rules
primarily involve cargo, particularly hazardous materials such as lithium
batteries.
If a charter company breaks other laws in the course of transporting goods
or people, that would likely fall to either DOJ or the Department of
Homeland Security.
DOJ declined to comment on whether it was investigating or otherwise
pursuing action related to the charter flights. A spokesperson for DHS did
not respond to a request for comment.
Former FAA chief counsel Sandy Murdock said the agency would ground a
charter company for issues unrelated to air safety only if another law
enforcement body has gotten involved. For instance, if a person used a
charter flight to smuggle drugs, the FAA would not be in a position to
revoke the charter company’s operating certificate until the DOJ brought
charges, he said.
In general, he said acting on issues not directly related to a plane’s
safety to fly is a high bar for the agency to meet — and that’s why it
doesn’t happen often.
“The agency has rarely used collateral statutes to ground or revoke or
suspend the operator’s certificate,” said Murdock, now a legal adviser at
JDA Aviation Technology Solutions. “The theory would be that the operator
showed such a disregard for another law that it can be inferred that its
disregard of that statute would likely extend to the aviation safety
requirements.”
Murdock said that in such an instance, it would be “absolutely critical
that the operator was aware of the charterer’s illegal intentions.”
Senate Homeland Security Chair Gary Peters (D-Mich.), who said he plans to
speak with DHS about the migrant flight issue, acknowledged that the FAA’s
power to intervene is limited. For example, he said, the agency would not
have the authority on its own to ground a flight of migrants heading from
one state to another.
When asked if any laws should change in light of the migrant flights,
Peters responded: “I’d have to spend more time thinking about that.”
Sen. Ben Ray Luján (D-N.M.), who serves on the Commerce Committee that
oversees the FAA, was likewise unsure whether Congress needs to change any
laws in an attempt to curtail or prevent the situation.
“What Governor DeSantis is doing is disgusting. And he and other
Republican governors are using political decisions to treat people like
garbage,” Luján said. “And that’s what this is all about. So looking at
specific rules or changes, I don’t know what’s going to change their
behavior. That’s what needs to be evaluated.”
The first former FAA official observed that DOT does have a broad-based
consumer protection authority that it can use to enforce rules and hand
out penalties based on “unfair or deceptive practices,” but that it may
not apply in this case.
The plaintiffs in this week’s civil rights suit allege that DeSantis and
other Florida officials used “false promises and misrepresentations” to
get the asylum-seekers onto the plane for Massachusetts, including by
offering them $10 McDonalds gift cards and making “false promises and
false representations” of employment, housing and educational
opportunities.
Even so, “I don’t know if you could argue that this was treating consumers
improperly [because] the statute says unfair [or] deceptive practices —
ordinarily that’s like, you told me the ticket was going to be $200 and
instead you charged me $220,” the former official said.
“That’s consumer protection, but this is not really what the controversy
is about,” the ex-official said, adding that in this case the state of
Florida, not the migrants themselves, paid for the flights.
Alex Daugherty and Tanya Snyder contributed to this report.
TAGS: DEMOCRAT TREASON, DEMOCRATS, RULE OF LAW, ENFORCE THE LAW, OATH OF
OFFICE, ILLEGAL ALIEN, IMMIGRATION, JOE BIDEN, JOE BIDEN 2020, FLORIDA,
CRIMINALS
--
"LOCKDOWN", left-wing COVID fearmongering. 95% of COVID infections
recover with no after effects.
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Officially made Nancy Pelosi a two-time impeachment loser.
Donald J. Trump, cheated out of a second term by fraudulent "mail-in"
ballots. Report voter fraud: sf.n...@mail.house.gov
Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.
marthas-vineyard-00058691
There’s probably little the Federal Aviation Administration can do to stop
DeSantis from continuing the flights, people familiar with the agency’s
legal authorities say.
The company that Florida GOP Gov. Ron DeSantis used to send dozens of
migrants to Martha’s Vineyard operates charter flights under approvals
granted by federal transportation regulators who have almost absolute
power to regulate safety in the skies.
But there’s probably little the Federal Aviation Administration can do to
stop DeSantis from continuing the flights, people familiar with the
agency’s legal authorities say — even though President Joe Biden and other
Democrats have condemned the flights as cruel publicity stunts.
The same laws that give the Federal Aviation Administration its vast sway
over air safety also restrict its ability to intrude otherwise into the
operations of charter companies. And the migrant flights probably don’t
violate the FAA’s regulations, former agency officials say, despite
accusations that DeSantis and his operatives violated the migrants’ civil
rights.
The FAA itself has shown little eagerness to join the fray. When asked to
discuss the bounds of the agency’s authority on DeSantis’ gambit, a
spokesperson said only: “The FAA’s mission is safety.” The agency’s
parent, the Department of Transportation, referred back to the FAA’s
statement.
The predicament showcases some of the limits on Biden’s authority to
counter the increasingly brash moves of Republican governors who are
sending undocumented immigrants to heavily Democratic communities. Besides
DeSantis, governors using the tactic include Greg Abbott of Texas, who has
bused thousands of migrants to cities such as Washington, New York and
Chicago in recent months, as well as Arizona Gov. Doug Ducey.
The governors have said they’re calling attention to what they charge is
the failure of Biden’s border policies.
A civil rights law firm filed a federal class-action suit against DeSantis
on Tuesday over the two planeloads of migrants, mostly Venezuelans, who
landed on Martha’s Vineyard on Sept. 14 after being transported from
Texas. Multiple Democratic elected officials have urged the Justice
Department to investigate the Florida governor’s actions, while Biden has
accused Republicans of “playing politics with human beings, using them as
props.”
But the FAA is not best equipped to lead that fight, people knowledgeable
about the agency say.
“I don’t see FAA in this at all,” said one former agency official, who
spoke on condition of anonymity so that he could speak freely about the
agency’s business.
For a charter service to operate, the FAA has to deem its fleet airworthy
and the company’s maintenance and operations practices adequately safe.
Only then does the agency issue a certificate saying it can carry
passengers for hire.
The DOT must separately issue a certificate saying the company has
adequate financial backing to serve consumers.
If a charter company flies for hire without either of those approvals, the
FAA considers it a “rogue operator” that it “works aggressively to
identify and shut down,” according to the agency.
That doesn’t necessarily offer it much leverage over Ultimate JetCharters,
the company that conducted the Martha’s Vineyard flights as a
subcontractor for Vertol Systems Co. Ultimate JetCharters received federal
approval to carry passengers for hire in 1984, according to the National
Air Transportation Association, an industry trade group.
Vertol, an Oregon-based flight and maintenance training and aviation
support services company, received $615,000 from the state of Florida to
facilitate the flights. The funds were part of a $12 million budget
allocation the Florida Republican-led Legislature approved to transport
migrants.
The former FAA official said nothing that’s come to light about the
migrant charters indicates that any problems arose related to the “safety
of flight” — meaning the ability to ensure that passengers arrive at their
destination without their plane crashing. The FAA has in the past
suspended or revoked charter companies’ ability to operate for having
inadequately licensed and trained pilots, using aircraft that the agency
had not approved for use, ignoring rules limiting pilot flight hours and
other violations.
The FAA has some authority to regulate what commercial airplanes carry,
and to punish operators that don’t follow the rules. But those rules
primarily involve cargo, particularly hazardous materials such as lithium
batteries.
If a charter company breaks other laws in the course of transporting goods
or people, that would likely fall to either DOJ or the Department of
Homeland Security.
DOJ declined to comment on whether it was investigating or otherwise
pursuing action related to the charter flights. A spokesperson for DHS did
not respond to a request for comment.
Former FAA chief counsel Sandy Murdock said the agency would ground a
charter company for issues unrelated to air safety only if another law
enforcement body has gotten involved. For instance, if a person used a
charter flight to smuggle drugs, the FAA would not be in a position to
revoke the charter company’s operating certificate until the DOJ brought
charges, he said.
In general, he said acting on issues not directly related to a plane’s
safety to fly is a high bar for the agency to meet — and that’s why it
doesn’t happen often.
“The agency has rarely used collateral statutes to ground or revoke or
suspend the operator’s certificate,” said Murdock, now a legal adviser at
JDA Aviation Technology Solutions. “The theory would be that the operator
showed such a disregard for another law that it can be inferred that its
disregard of that statute would likely extend to the aviation safety
requirements.”
Murdock said that in such an instance, it would be “absolutely critical
that the operator was aware of the charterer’s illegal intentions.”
Senate Homeland Security Chair Gary Peters (D-Mich.), who said he plans to
speak with DHS about the migrant flight issue, acknowledged that the FAA’s
power to intervene is limited. For example, he said, the agency would not
have the authority on its own to ground a flight of migrants heading from
one state to another.
When asked if any laws should change in light of the migrant flights,
Peters responded: “I’d have to spend more time thinking about that.”
Sen. Ben Ray Luján (D-N.M.), who serves on the Commerce Committee that
oversees the FAA, was likewise unsure whether Congress needs to change any
laws in an attempt to curtail or prevent the situation.
“What Governor DeSantis is doing is disgusting. And he and other
Republican governors are using political decisions to treat people like
garbage,” Luján said. “And that’s what this is all about. So looking at
specific rules or changes, I don’t know what’s going to change their
behavior. That’s what needs to be evaluated.”
The first former FAA official observed that DOT does have a broad-based
consumer protection authority that it can use to enforce rules and hand
out penalties based on “unfair or deceptive practices,” but that it may
not apply in this case.
The plaintiffs in this week’s civil rights suit allege that DeSantis and
other Florida officials used “false promises and misrepresentations” to
get the asylum-seekers onto the plane for Massachusetts, including by
offering them $10 McDonalds gift cards and making “false promises and
false representations” of employment, housing and educational
opportunities.
Even so, “I don’t know if you could argue that this was treating consumers
improperly [because] the statute says unfair [or] deceptive practices —
ordinarily that’s like, you told me the ticket was going to be $200 and
instead you charged me $220,” the former official said.
“That’s consumer protection, but this is not really what the controversy
is about,” the ex-official said, adding that in this case the state of
Florida, not the migrants themselves, paid for the flights.
Alex Daugherty and Tanya Snyder contributed to this report.
TAGS: DEMOCRAT TREASON, DEMOCRATS, RULE OF LAW, ENFORCE THE LAW, OATH OF
OFFICE, ILLEGAL ALIEN, IMMIGRATION, JOE BIDEN, JOE BIDEN 2020, FLORIDA,
CRIMINALS
--
"LOCKDOWN", left-wing COVID fearmongering. 95% of COVID infections
recover with no after effects.
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Officially made Nancy Pelosi a two-time impeachment loser.
Donald J. Trump, cheated out of a second term by fraudulent "mail-in"
ballots. Report voter fraud: sf.n...@mail.house.gov
Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.
Kazim
Sep 25, 2022, 6:50:03 PM9/25/22
to
Governor Swill
Sep 25, 2022, 9:20:03 PM9/25/22
to
On 25 Sep 2022, "Leroy N. Soetoro" <democrat-
crim...@mail.house.gov>
>
> https://www.politico.com/news/2022/09/25/biden-faa-desantis-
EMPLOYEES!
crim...@mail.house.gov>
>
> https://www.politico.com/news/2022/09/25/biden-faa-desantis-
> Sen. Ben Ray Luján (D-N.M.), who serves on the Commerce Committee
that
> oversees the FAA, was likewise unsure whether Congress needs to
change any
> laws in an attempt to curtail or prevent the situation.
>
> “What Governor DeSantis is doing is disgusting. And he and other
> Republican governors are using political decisions to treat people
like
> garbage,” Luján said. “And that’s what this is all about. So
looking at
> specific rules or changes, I don’t know what’s going to change
their
> behavior. That’s what needs to be evaluated.”
ENFORCE FEDERAL LAW YOU TREASONOUS FUCKING DEMOCRAT ASSHOLE FEDERAL
that
> oversees the FAA, was likewise unsure whether Congress needs to
change any
> laws in an attempt to curtail or prevent the situation.
>
> “What Governor DeSantis is doing is disgusting. And he and other
> Republican governors are using political decisions to treat people
like
> garbage,” Luján said. “And that’s what this is all about. So
looking at
> specific rules or changes, I don’t know what’s going to change
their
> behavior. That’s what needs to be evaluated.”
EMPLOYEES!
Governor Swill
Sep 26, 2022, 1:25:03 AM9/26/22
to
On 25 Sep 2022, "Leroy N. Soetoro" <democrat-
crim...@mail.house.gov>
>
> https://www.politico.com/news/2022/09/25/biden-faa-desantis-
migrants-
crim...@mail.house.gov>
>
> https://www.politico.com/news/2022/09/25/biden-faa-desantis-
migrants-
> Sen. Ben Ray Luján (D-N.M.), who serves on the Commerce Committee
that
> oversees the FAA, was likewise unsure whether Congress needs to
change any
> laws in an attempt to curtail or prevent the situation.
>
> “What Governor DeSantis is doing is disgusting. And he and other
> Republican governors are using political decisions to treat people
like
> garbage,” Luján said. “And that’s what this is all about. So
looking at
> specific rules or changes, I don’t know what’s going to change
their
> behavior. That’s what needs to be evaluated.”
that
> oversees the FAA, was likewise unsure whether Congress needs to
change any
> laws in an attempt to curtail or prevent the situation.
>
> “What Governor DeSantis is doing is disgusting. And he and other
> Republican governors are using political decisions to treat people
like
> garbage,” Luján said. “And that’s what this is all about. So
looking at
> specific rules or changes, I don’t know what’s going to change
their
> behavior. That’s what needs to be evaluated.”
ENFORCE FEDERAL LAW YOU TREASONOUS FUCKING DEMOCRAT ASSHOLE FEDERAL
EMPLOYEES!
EMPLOYEES!
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