Today's Message Index:
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1. 07:29 AM - Re: Pardue/Breckenridge - Flying is a right, . . .. right? (Bill Austin)
2. 07:50 AM - FW: Fw: Band of Brothers, (Bill Austin)
3. 08:26 AM - Re: FW: Fw: Band of Brothers, (KingCJ6@aol.com)
4. 08:51 AM - Re: FW: Fw: Band of Brothers, (Brian Lloyd)
Message 1
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| Subject: | Pardue/Breckenridge - Flying is a right, . . .. right? |
Thanks Jay.
From: jay wells [mailto:bultaco956@yahoo.com]
Sent: Wednesday, April 11, 2012 4:03 PM
Subject: Yak-List: Pardue/Breckenridge - Flying is a right, . . .. right?
Dear fellow Yak listers:
As an all too frequent lurker I can't help weighing in on the flying is a
"privilege" vs. right discussion that comes up repeatedly from time to time
and resurfaced again with the Pardue accident.
It boils down to this: the FAA and Administration (DOT, TSA, etc.) have
long asserted that a flying and a pilot's license is a "privilege." This
use of the term in this manner by the FAA is, in my opinion, legally
incorrect and plainly infensible. A privilege is legally defined as a
benefit or advantage enjoyed by a person beyond the common advantage of
other citizens; such privileges are typically legally waivable by the owner
or holder (attorney-client privilege, doctor-patient privilege, executive
privilege, marital privilege, privilege against self incrimination; or more
commonly, the "privileged" class). Sometimes it is used in a more commmon
manner to describe a right granted by others that is revocable at the will
of the grantor (e.g., the privilege to pass across the lands of another).
I'm not sure where the misuse of the term with regard to flying started but
the FAA has asserted that flying is "privilege" as long as I have been a
pilot, some 30 years.
There is no support for the FAA's position in the law. A pilot certificate
is a government issued "license," not a "privilege."
The Supreme Court and the other U.S. Court have long and correctly
recognized that a pilot's license is a protected property "right" that may
not be infringed without due process of law. It is well established in the
law that individuals have a property interest in government issued licenses
and permits. See Illinois v. Batchelder, 463 US 1112, 1116 (1983)(driver's
license); Mackey v. Montrym, 442 US 1, 10 n.7 (1979)(same); Tur v. FAA, 4
F.3d 766, 769 (9th Cir. 1993)(airman certificate); Pastrana v. United
States, 746 F.2d 1447, 1450 (11th Cir. 1984). The revocation or suspension
of a pilot's license, or airman certrificate, implicates a consitutionally
protected property interest and that interest may not be impaired in an
arbitrary manner or without notice and hearing and upon substantial
evidence. The importance of the protected interest is enhanced when one's
vocation or advocation is involved (think commercial pilot license).
I have had the past "privilege" of representing the United States (and the
FAA) in federal courts as a U.S. Department of Justice HQ Aviation Branch
attorney and continue to practice aviation law today in another institution.
I have been practicing and flying for over 25 years and have argued this
issue a number of times, including not too long ago in the U.S. Court of
Appeals for the DC Circuit. The federal judges don't even blink before
treating pilot's licenses as a protected right and affording appropriate
individual constitutional protections. The FAA is usually represented in
federal court by the Department of Justice. You may hear FAA attorneys
spout off outside of court about flying being a "privilege," but I do not
recall ever hearing Department of Justice attorneys use that language,
especially before Judges in federal court.
I tell the FAA attorneys that I deal with every chance I get (now that I am
out of government) that they are flat wrong to describe flying as a
"privilege."
You can argue about whether the FAA enforcement process could be handled
better, but when FAA enforcement cases are subject to federal court review
(as every enforcement case can be if the pilot chooses to push it), the FAA
is strictly held to due process standards. I recently had an ATP revocation
case thrown out by the U.S. Court of Appeals (for the 9th Circuit) for
failure to follow due process. Such a result is not that unusual.
Flying is a constitutionally protected right (thanks to God and our
founders) and in my view we will get more respect from federal officials,
the public and the FAA if we start treating it as such.
Hope this helps.
Jay Wells, JD, LLM, CFI
1983 CJ6A
[PS - this is not a soliciatation. I don't take private clients.
Disclaimer: Nor is it legal advice - your situaiton may differ.]
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Message 2
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| Subject: | FW: Fw: Band of Brothers, |
From: Tommy Austin [mailto:austin.tommy@gmail.com]
Sent: Wednesday, April 11, 2012 5:04 PM
Subject: Fwd: Fw: Band of Brothers,
-------Original Message-------
Subject: Band of Brothers,
Veteran or not, every American citizen should know about Shifty and all the
men and women who did so much to keep us free.
Subject: Fwd: Band of Brothers,
If you watched the series, Band of Brothers, you will remember Shifty as the
guy who was the best shot in the company. He was called upon several times
in the series to take care of a German sniper or to give cover so other
troops could maneuver.
IT WON'T BE LONG TILL NO ONE REMEMBERS,AND WORSE,NO ONE WILL CARE....
A real hero God bless him.
SHIFTY DIED JAN 17, 2011 rest in peace.
"Shifty" By Chuck Yeager
Shifty volunteered for the airborne in WWII and served with Easy Company of
the 506th Parachute Infantry Regiment, part of the 101st Airborne Infantry.
If you've seen Band of Brothers on HBO or the History Channel, you know
Shifty. His character appears in all 10 Episodes, and Shifty himself is
interviewed in several of them.
I met Shifty in the Philadelphia airport several years ago. I didn't know
who he was at the time.I just saw an elderly gentleman having Trouble
reading his ticket. I offered to help, assured him that he was at the right
gate, and noticed the "Screaming Eagle," the symbol of The 101st Airborne,
on his hat.
Making conversation, I asked him if he had been in the 101st Airborne Or if
his son was serving. He said quietly that he had been in the 101st. I
thanked him for his service, then asked him when he served, and how many
jumps he made.Quietly and humbly, he said "Well, I guess I signed up in 1941
or so, and was in until sometime in 1945 ... " at which point my heart
skipped.
At that point, again, very humbly, he said "I made the 5 training Jumps at
Toccoa, and then jumped into Normandy .. Do you know where Normandy is?" At
this point my heart stopped. I told him "Yes, I know exactly where Normandy
is,and I know what D-Day was."
At that point he said "I also made a second jump into Holland , into Arnhem
."
I was standing with a genuine war hero ....And then I realized that it was
June, just after the anniversary of D-Day. I asked Shifty if he was on his
way back from France, and he said "Yes... And it'sreal sad because, these
days, so few of the guys are left, and those that are, lots of them can't
make the trip." My heart was in my throat and I didn't know what to say.
I helped Shifty get onto the plane and then realized he was back in Coach
while I was in First Class. I sent the flight attendant back to get him and
said that I wanted to switch seats.
When Shifty came forward, I got up out of the seat and told him I wanted him
to have it, that I'd take his in coach.
He sai d "No, son, you enjoy that seat. Just knowing that there are still
some who remember what we did and who still care is enough to make an old
man very happy." His eyes were filling up as he said it. And mine are
brimming up now as I write this.
Shifty died on Jan. 17 after fighting cancer.
There was no parade.
No big event in Staples Center ..
No wall to wall, back to back 24x7 news coverage.
No weeping fans on television.
And that's not right!!
Let's give Shifty his own Memorial Service, online, in our own quiet way.
Please forward this email to everyone you know. Especially to the veterans.
Rest in peace, Shifty.
Chuck Yeager, Maj Gen. [ret.]
P.S. I think that it is amazing how the "media" chooses our "heroes" these
days... Michael Jackson & the like!
Please do me a favor and pass this on so that untold thousands can read
it.....
We owe no less to our REAL HEROES......
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Message 3
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| Subject: | Re: FW: Fw: Band of Brothers, |
He actually passed away in '09 and Yeager was not involved with, nor wrote
the story:
_http://www.snopes.com/politics/military/shiftypowers.asp_
(http://www.snopes.com/politics/military/shiftypowers.asp)
In a message dated 4/13/2012 7:51:19 A.M. Pacific Daylight Time,
billaustin@blomand.net writes:
From: Tommy Austin [mailto:austin.tommy@gmail.com]
Sent: Wednesday, April 11, 2012 5:04 PM
Subject: Fwd: Fw: Band of Brothers,
-------Original Message-------
Subject: Band of Brothers,
Veteran or not, every American citizen should know about Shifty and all
the men and women who did so much to keep us free.
Subject: Fwd: Band of Brothers,
If you watched the series, Band of Brothers, you will remember Shifty as
the guy who was the best shot in the company. He was called upon several
times in the series to take care of a German sniper or to give cover so other
troops could maneuver.
IT WON'T BE LONG TILL NO ONE REMEMBERS,AND WORSE,NO ONE WILL CARE....
A real hero God bless him.
SHIFTY DIED JAN 17, 2011 rest in peace.
"Shifty" By Chuck Yeager
Shifty volunteered for the airborne in WWII and served with Easy Company
of the 506th Parachute Infantry Regiment, part of the 101st Airborne
Infantry. If you've seen Band of Brothers on HBO or the History Channel, you
know Shifty. His character appears in all 10 Episodes, and Shifty himself is
interviewed in several of them.
I met Shifty in the Philadelphia airport several years ago. I didn't know
who he was at the time.I just saw an elderly gentleman having Trouble
reading his ticket. I offered to help, assured him that he was at the right
gate, and noticed the "Screaming Eagle," the symbol of The 101st Airborne,
on his hat.
Making conversation, I asked him if he had been in the 101st Airborne Or
if his son was serving. He said quietly that he had been in the 101st. I
thanked him for his service, then asked him when he served, and how many
jumps he made.Quietly and humbly, he said "Well, I guess I signed up in 1941
or so, and was in until sometime in 1945 ... " at which point my heart
skipped.
At that point, again, very humbly, he said "I made the 5 training Jumps
at Toccoa, and then jumped into Normandy .. Do you know where Normandy is?"
At this point my heart stopped. I told him "Yes, I know exactly where
Normandy is,and I know what D-Day was."
At that point he said "I also made a second jump into Holland , into
Arnhem ."
I was standing with a genuine war hero ....And then I realized that it
was June, just after the anniversary of D-Day. I asked Shifty if he was on
his way back from France, and he said "Yes... And it'sreal sad because,
these days, so few of the guys are left, and those that are, lots of them
can't make the trip." My heart was in my throat and I didn't know what to say.
I helped Shifty get onto the plane and then realized he was back in Coach
while I was in First Class. I sent the flight attendant back to get him
and said that I wanted to switch seats.
When Shifty came forward, I got up out of the seat and told him I wanted
him to have it, that I'd take his in coach.
He sai d "No, son, you enjoy that seat. Just knowing that there are still
some who remember what we did and who still care is enough to make an old
man very happy." His eyes were filling up as he said it. And mine are
brimming up now as I write this.
Shifty died on Jan. 17 after fighting cancer.
There was no parade.
No big event in Staples Center ..
No wall to wall, back to back 24x7 news coverage.
No weeping fans on television.
And that's not right!!
Let's give Shifty his own Memorial Service, online, in our own quiet way.
Please forward this email to everyone you know. Especially to the
veterans.
Rest in peace, Shifty.
Chuck Yeager, Maj Gen. [ret.]
P.S. I think that it is amazing how the "media" chooses our "heroes"
these days... Michael Jackson & the like!
Please do me a favor and pass this on so that untold thousands can read
it.....
We owe no less to our REAL HEROES......
(http://www.incredimail.com/?id=620791&did=10501&ppd=2745,201201221303,9,1,531924648663547741&rui=146723307&app_test_id=0&sd 120409)
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_Click Here!_
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No virus found in this message.
Checked by AVG - _www.avg.com_ (http://www.avg.com/)
Version: 2012.0.1913 / 04/11/12
Message 4
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| Subject: | Re: FW: Fw: Band of Brothers, |
On Fri, Apr 13, 2012 at 7:47 AM, Bill Austin <billaustin@blomand.net> wrote:
> ** **
>
> **
>
> Veteran or not, every American citizen should know about Shifty and all
> the men and women who did so much to keep us free.
>
Amen. And whether or not Yeager met Shifty doesn't change the fact that
those men did amazing things.
We are losing so many from that era. I just lost my father who was always
the consummate pilot. The men and women who saw combat in WW-II did things
on a daily basis that today seem far-fetched and unrealistic. I am still
amazed by my father's stories, like the duel he had with a Japanese AA gun
crew while he was flying AA suppression for a bombing raid on a Japanese
airfield, or flying back to the carrier with a shot-up airplane, or being
the last one to trap knowing that he was out of fuel and that the cold and
stormy Alaskan waters would probably preclude rescue if he didn't make it
aboard on the first pass. He tells of his squadron's briefing for the
invasion of Japan when he was informed that they could expect 50% losses.
It was what they did. How many of us could have done the same things?
My father died this past February while visiting his grandson, Seth, at NAS
Pensacola. He had driven there from California because Seth was struggling
a bit in primary training and needed some bucking-up. He was supporting the
Navy to the very end. My father was 89.
(And some of you know Seth. He was my GIB at the Yak fly-in at Spencer,
Iowa. Seth was 12 at the time. Now he is 24, a graduate of the USNA, and in
pilot training. He is following in his grandfather's footsteps.)
FWIW, my father will be interred with full military honors at Arlington
National Cemetery on July 3 at 3PM. If any of you are around you are
certainly invited to attend.
--
Brian Lloyd, WB6RQN/J79BPL
3191 Western Dr.
Cameron Park, CA 95682
brian@lloyd.com
+1.767.617.1365 (Dominica)
+1.916.877.5067 (USA)
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