Recent investigations by the non-profit investigative journalism group, Propublica, found that more than three dozen Federal Air Marshals have been charged with crimes ranging from domestic violence to attempted murder (with hundreds more being accused of various forms of misconduct). The report is disturbing to say the least, and will surely intensify the spotlight on airline security even further.
Prior to 2001, the Federal Air Marshal Service was a low budget and, as Propublica points out, nearly forgotten force of 33 agents with a $4.4 million annual budget. In the wake of 9/11, the Marshal Service came under the control of Transportation Security Administration (TSA) and went through a growth spurt for the ages. Budget and workforce increased to $786 million and between 3,000 and 4,000 marshals respectively, the exact number of marshals being classified. As the size and power of the program grew however, the professional standards of the organization seemed to drop precipitously.
A 2004 report by the Department of Homeland Security's inspector general found that nearly one third of applicants who had officially been recommended for hire as Air Marshals had "potentially disqualifying problems." The same report found 753 documented cases of misconduct, ranging from failed drug tests to sleeping on duty, over a 20-month period.
The Inspector General noted that many of the Air Marshals were "granted access to classified information after displaying questionable judgment, irresponsibility, and emotionally unstable behavior." In response to the report, the agency acted (in their words) "swiftly and decisively" by firing 101 air marshals and accepting the resignations of 32 others.
Over the course of the next few years, one would assume the situation would improve, and many accepted that it did. Dana Brown, former director of the Air Marshal Service, issued an internal memo about the Air Marshals stating, "In foreign countries, some have behaved in a manner that may jeopardize our ability to operate effectively. The negative impact on our reputation and that of the American government has the potential to cause significant harm." The memo was dated April 15, 2008.
Don Strange, a former Special Agent in the Air Marshal Service, told Propublica's lead reported Michael Grabell that he blames "the urgency to hire and train recruits in a ridiculous amount of time" for many of the agency's problems. The pressure Strange mentions comes from both Congress and a jittery traveling public.
Grabell told OhMyGov! that he was first drawn to the growing trouble at the agency this past summer when a smattering of news reports detailing allegations of misconduct began to appear. Deciding to dig deeper, Grabell spoke with several current and former marshals regarding the stories that had begun to surface. Almost all of those that Grabell spoke to responded with some form of: "Well if you think that story is bad, wait until you hear about this..."
It was through these conversations that Grabell began discovering cases such as those of Eric Ball and Richard Castillo.
Ball, an Orlando-based marshal who decided to spend a layover between flights photographing female tourists at a Lincoln Memorial restroom, was charged with criminal voyeurism in June of 2007.
Castillo is currently awaiting trial for indecency with a child after being accused by a 14-year-old friend of his daughter with fondling the girl during a sleepover at his Houston-area home. Castillo is free on $30,000 bond, and did not return Grabell's calls for a comment.
Grabell also informed OhMyGov! that the TSA declined to provide him with any statistics regarding the disciplining of agency employees. It was not until he went to the Homeland Security Office of the Inspector General with a Freedom of Information Act request that he began to see the hard numbers behind the stories coming out of the marshal service. But these statistics provide only a glimpse into the marshal program's problems, as they only cover cases that made it out of the marshal service and into the OIG.
It is then fair to ask the question; are there more than three dozen marshals charged with crimes since 2001, or are they simply the only ones we know about?
The TSA is not taking these reports lightly. On the heels of Propublica story, Federal Air Marshal Service Director, Robert Bray, sent out an agency-wide e-mail that stated: "I am sure you are just as personally and professionally embarrassed by these incidents as I am." He went on to add that: "In order to maintain the trust and confidence of our fellow Americans, we must dedicate ourselves to root out and report any instance of misconduct or criminal behavior. The public expects nothing less than adherence to the highest professional standards; we must demand no less from ourselves."
So where do we go from here? A portion of the flying public has a few thoughts of its own on this matter.
A national survey conducted by Propublica and Harris Interactive found that 86 percent of those who had taken a commercial flight in the past year believed it was unacceptable for someone convicted of a DUI to become an air marshal. The same survey found that 87 percent believed air marshals should be required to pass a psychological stress test. 77 percent felt that prior law enforcement experience should be required to become an air marshal.
With a new administration taking office shortly, you can bet someone new will take over the Marshal program. But what reforms should he/she enact to clean up this denigrated security detail?
We'd love to hear from you.