Floridians Against REAL ID Blog

Cannot be stopped

History has shown us that many things are cyclical in nature. There are recent times when tyranny trumps liberty, but as a wise man once said, an idea whose time has come cannot be stopped by any army or any government.

Today, the news was that a Judge in New Jersey upheld the ACLU’s injunction against “TRU ID”, the New Jersey version of REAL ID.  The story is here.

This along with Pennsylvania’s recent nullification of REAL ID by a Republican Governor and a very bipartisan bill goes to show that the pendulum is swinging back towards liberty. It seems many have given up and accepted REAL ID, such as our own Governor Scott and Attorney General Bondi, both of whom view it as a federal issue. That is not the case. In addition to the above, the Star Ledger newspaper in New Jersey has come out against REAL ID- something that the news media did not do in Ohio or West Virginia, the last two states to surrender their sovereignty and roll over to federal tyranny. In those states, all the media did was report on DMV press releases.

If you’ve visited a Florida tax collector or DMV office, you know the hassle that REAL ID is. The bad thing is, that it has wasted millions of our tax dollars and it cannot do what liberty-killing politicians like Mr. Sensnebrenner say it will.

We have a chance to install some liberty-loving politicians in Tallahassee and DC in November. If you need help identifying them, it’s an easy process- go to Liberty Takeover 2012 and you’ll see a list of candidates that have been asked the tough questions- and have demonstrated not just a knowledge of but a willingness to apply the Florida and US Constitutions when they are in office.

We’ve had year after year and decade after decade of liberty-killers like Jim Sensenbrenner in office. If you’re a sports fan, let’s run a different play.

You will not be seeing the REAL ID gold star in Pennsylvania

On May 9, 2012, it was reported that Pennsylvania’s REPUBLICAN governor, Tom Corbett, signed SB 354 into law. This bill prohibits the state from participating in REAL ID. This bill was introduced in February 2011- over a year ago- by a bunch of Pennsylvania legislators:

INTRODUCED BY FOLMER (R), WOZNIAK (D), KITCHEN (D), ERICKSON (R), KASUNIC (D), D. WHITE (R), LEACH (D), ALLOWAY (R), BOSCOLA (D), EARLL (R), PIPPY (R), WILLIAMS (D), M. WHITE (R), STACK (D), FONTANA (D), ORIE (R), FARNESE (D) AND FERLO (D), FEBRUARY 1, 2011

Summary by party: R: 8  D: 10

That is politicians setting aside partisanship to work together in the best interest of the people they represent- something we just don’t see here in Florida, either at the legislative or executive (governor) level. It’s fitting this happened in Pennsylvania, as this is where the US Constitution including the 10th Amendment, which REAL ID totally violates, was adopted in 1787.

For those that say it is too late to do anything about REAL ID in Florida, take note. It’s never too late for liberty. The Florida Campaign for Liberty has already drafted a 2013 version of the legislation needed to repeal the unconstitutional aspects of the law- and it has a new catchy title: the Real ID Elimination Act, or RIDE Act. It will allow those that use a driver license to drive- or ride as I do- to do just that without any intrusion by the federal government.

Speaking of legislation, there is an election coming up in Florida- and laws like REAL ID must be nullified in Florida as Pennsylvania has now done. It is essential we elect those that will read, understand, and follow our Florida and US Constitutions. It is likewise essential that we vote OUT liberty-killing politicians and those that place party or a government agency above liberty and their oath to support and defend both Constitutions. If you want to help make sure this takes place, please visit Liberty Takeover 2012 and support the approved candidates.

I’ll close by observing that one of Mr. Corbett’s predecessors was fairly well known when the job title was not governor but instead President of the Supreme Executive Council, and has a quote you’ll see paraphrased around my sites:

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

Ben Franklin was correct, and Gov. Corbett has now upheld this liberty-minded thinking with his actions. Well done, sir.

Some consider the way the liberty-killing politician from Wisconsin legislates majestic. Others, notably those that read and understand the Constitution, tend to view him as something else.

The term stacking the deck originated in card playing, when one would arrange the cards so they would be dealt to their advantage.

I watched Wednesday as a stacked deck was played in Congress during a Judiciary Committee hearing, starring enemy of liberty James Sensenbrenner, who will forthwith be known as the liberty-killing politician from Wisconsin. For those that do not know him, he has “served” as a representative from Wisconsin since 1979. I recently added up his salary over the years and it totaled over $4 million. I feel we have not gotten our money’s worth out of him and others. I’d say it would be fitting if he repaid the money all of the married & divorced women in Florida and other REAL ID states have had to pay for documents just to renew their licenses.

On Wednesday, the House Judiciary Committee met for about an hour and 18 minutes to discuss REAL ID. There were four “witnesses” called to testify. Three of them either worked for or had worked for Homeland Security (DHS). The fourth worked for the national governor’s association, so basically all were current or former government employees. Although he lives in the area, notably absent was Jim Harper of the CATO Institute. So we had a Republican-controlled hearing chaired by the person that introduced the REAL ID Act in 2005- OK, introduced is too strong of a word. Let’s try that again. The hearing was chaired by the liberty-killing politician from Wisconsin that couldn’t get REAL ID enacted as a standalone bill, so instead he hid it in a defense authorization and Tsunami relief bill so that it would pass with no debate.

Debate was likewise in short supply today. The fellow from the governor’s association was as close to an opposing voice as there was, and this was kind of like our soldiers and sailors looking to Tokyo Rose for support in WW2 since she spoke English (for the younger folks, Tokyo Rose was an English-speaking Japanese woman that broadcast anti-American propaganda during the war).

It was amazing to me to hear the very words I type on a regular basis coming from the mouths of people I adamantly disagree with politically, i.e. John Conyers and Sheila Jackson Lee, both Democrats that support big unconstitutional government when mandatory health insurance is the subject, but who oppose it when REAL ID is the topic (as such, they qualify as liberty-killing politicians).

Rep. Conyers did a terrible job on his opening statement, he lost his place from what he was reading several times, and it appears he was not at all prepared for the hearing. It was interesting to note that every one of the liberty-killing politicians had to read from papers to speak. Many of these same people are critical of Mr. Obama (who is also a liberty-killing politician for signing the NDAA and extending the USA Patriot Act) when he uses a teleprompter. When you are informed about something as important as this, you really don’t need to read what someone else has written. As a comparison, I first listened to Ron Paul (whom I will qualify as a liberty-enhancing politician) speak in person when he visited Tallahassee last year. In the Florida State University auditorium (which was packed), he stood and spoke with no materials at hand for about 45 minutes. That convinced me the man was a true believer in what he was saying and well informed on his topics. I cannot say the same for either Mr. Obama or any of the liberty-killing politicians at this hearing.

Of interest to me were several comments from the liberty-killing politician from Wisconsin. He mentioned a civics class in school, and that if a law was passed and signed by the president, it was in fact the law. While the hearing was going on, I was typing comments on our Facebook page- I was unable to record the hearing, but was able to download it later (see link below). Back to the civics lesson, I opined that the liberty-killing politician from Wisconsin must have skipped school on the day they taught about the 10th Amendment.  If he had attended, learned, and retained this information, he would know that despite what a commission says is needed, the Constitution does not allow Congress to tell states how to issue their licenses.

The liberty-killing politician from Wisconsin later observed there was a disconnect between the DHS and the states. I observed there is and has been a disconnect between Congress and the Constitution.

One of the Democrats, Rep. Scott from Virginia, asked one of the witnesses if his birth certificate could be obtained by a terrorist. The witness did not know. Within 60 seconds, I found Rep. Scott’s date and place of birth online and also the website for the District of Columbia’s vital records. They will mail out a certified copy if you say you are family and provide a photo ID via the mail. If you’ve read my recent posts, you know an authentic appearing license can be purchased online with any name you like and your photo on it. So the answer, Rep. Scott, is yes- a terrorist or any other type of criminal can get your birth certificate. BTW, I’ve also written here about how easy it is to get documents such as these and then using a computer and scanner/printer, dummy up the remaining documents needed for a REAL ID. Keep in mind our enemies are well-funded and have resources to make government documents that will allow for legal presence as required for REAL ID.

What was completely missed during the hearing was the ineffectiveness of REAL ID. It hasn’t prevented any terror plots. Another liberty-killing politician, Smith from Texas, drug up the fellow there that tried to buy chemicals to make a weapon. He was caught when the chemical company called law enforcement. The fact he wanted to get fake IDs was irrelevant to the case. REAL ID would not have caught him- he was able to plan and partially carry out the plot before he ever go to the Texas DMV. What would have happened if REAL ID was in place in 1995 in Oklahoma? Would it have stopped Timothy McVeigh from blowing up the federal building there? Of course not. The fact the DMV has some documents on file will not prevent crime or terror plots. These liberty-killing politicians just do not understand that trading liberty for security does not work.

Also missed: Of the 19 terrorists, 16 were here legally and as such would have qualified for a REAL ID.

Finally, for the fiscal conservatives, it was disclosed that $263 million in “federal” funds have been spent on REAL ID. Here in Florida, we received $7 million out of the $10 million we’ve spent on it since 2008. We were well ahead of the curve since we were doing passive (non-liberty-threatening) security upgrades to our license before the federal law. Other states would have had to spend more to get to that point, so REAL ID, like just about everything that comes out of the septic-to-liberty Congress, is an underfunded mandate.

Click the link below to view the hearing. It’s over an hour long, the sound is only from one channel, and there is about 6 minutes of dead air before the video begins. I guess this is due to federal budget cuts.

Hearing video link

The short solution here is to vote OUT liberty-killing politicians in 2012. If we do not vote IN those that will read, understand, and follow the Constitution, we will be stuck with more liberty-killing politicians. You cannot rely on the letter following a candidate’s name as to if they will protect your liberty. Ask questions, either of them, or someone you trust.

Today I received an email alert about REAL ID. An investigative reporter in Wisconsin had investigated buying a fake ID on the Internet. The source was China- you may have heard of them, they were the suspects when our Defense Dept. was hacked and sensitive data stolen in 2009. The reporter got the ID, and was able to pass it off when bouncers and police officers looked at it. Even the barcode was correct. The feds are now concerned that National Security is at risk:
ICE Special Agent Anthony Ho told the I-Team, “We view that as a potential national security threat.”

How easy is it? Read the linked story:

“In this case, with my co-worker’s permission, I became fellow I-Team investigator, Steve Chamraz — just to show how easy it is to steal someone’s identity.  It has been done many times.”

My next question was to if Wisconsin is REAL ID compliant. They should be, as that’s where REAL ID’s #1 fan in Congress, Rep. Sensenbrenner, works. That term is actually a stretch, so I’ll rephrase it to that is where his Congressional District is located. I looked up what it takes to get a license there, and here is what I found. The REAL ID required stuff is in red:

Application for a driver license

It’s necessary to meet the licensing requirements. Complete form MV3001 – Wisconsin Driver License application, including:

• Your Social security number (SSN) – if you have one.
• If you are under age 18, complete Section D of the application (applicant, school and sponsorship certifications). If you have completed driver education, you will need to show your driver education completion certificate in lieu of filling out the school certification portion of the application.
• Answer the medical questions. For some medical conditions, you will be asked to have your doctor provide medical information.
• Fill out Section E of the application if you are applying for a commercial driver license.

Note: Carefully read the instructions at the top of the application for information about which sections you need to complete for the type of license for which you are applying.

• Provide proof of U.S. citizenship, legal permanent resident status, conditional resident status or temporary visitor status.
• Provide proof of name and date of birth, for example, a certified U.S. birth certificate, valid passport or certificate of naturalization.
• Provide proof of identity (an acceptable document with your signature or photograph such as an unexpired state ID card or your social security card).
• Provide proof of Wisconsin residency if over 18.

Note: Hospital birth certificates or baptismal certificates are not acceptable. Get a copy of your birth certificate at your Register of Deeds or city health office.

Here in Florida, for US Citizens, we require a birth certificate or passport (other documents relating to birth abroad, etc. are listed), Social Security card or various tax forms or pay stub, and two proofs of residence.

I guess that second proof of residence means the Chinese can never make a high-quality Florida driver license. I’ll bet those folks in Wisconsin’s DMV are having a real Homer Simpson moment right about now over that one.

REAL ID is an unconstitutional knee-jerk reaction that cannot protect us from terror attacks. What can? Good intelligence. Good police officers working within the limits of the law. Agencies getting past their egos and working with one another. Alert Americans that report people buying unusual chemicals or landlords that report suspicious actions.

What happens when the above does not take place? Aside from the obvious results from 9/11, we have this guy:

Maj. Nidal Hasan

Yes, that’s an Army uniform. Our Army. Out of political correctness, people in our military ignored many signs of a forthcoming problem and as a result many of our soldiers were killed or wounded at Ft. Hood on American soil. Anyone want to lay odds Hasan was eligible for a REAL ID?

The following is an e-mail conversation I had yesterday and today with Ms. Janice Kephart. She was a counsel to the 9/11 Commission and now works as the Director for National Security Policy at the Center for Immigration Studies (CIS). It’s not often I get a chance to have a polite debate about REAL ID with a proponent, so I’ll copy the entire conversation here. I’ve removed some contact information, re-aligned it from the oldest to the newest for readability, and placed the URLs into clickable links. Other than that, I changed no content. This begins with two comments on my Florida RFID Freight Train blog.

From Janice Kephart:

REAL ID does not require RFID. It requires an MRZ, and is completely different and everything the same that has always been on DLs.
REAL ID implementation update can be found at the Center for Immigration Studies website at (click for link).
This assessment concludes that states (1) see tremendous value in pursuing REAL ID standards in reducing fraud, increasing efficiencies, improving customer service, and supporting law enforcement; (2) are willing to pay for those improvements with their own budgets outside of federal grant monies; and (3) are often exceeding REAL ID minimum standards in order to achieve more complete credentialing security. This study finds that 53 states and territories are embracing REAL ID or the technical tenets of REAL ID and 36 will likely be compliant by the deadline of Jan. 15, 2013.

Thanks, Janice Kephart

REAL ID implementation update can be found at the Center for Immigration Studies website at (click for link).
This assessment concludes that states (1) see tremendous value in pursuing REAL ID standards in reducing fraud, increasing efficiencies, improving customer service, and supporting law enforcement; (2) are willing to pay for those improvements with their own budgets outside of federal grant monies; and (3) are often exceeding REAL ID minimum standards in order to achieve more complete credentialing security. This study finds that 53 states and territories are embracing REAL ID or the technical tenets of REAL ID and 36 will likely be compliant by the deadline of Jan. 15, 2013.

Thanks, Janice Kephart

____________________________________________________

Ms. Kephart,
This is one of those things that fall into the category of what a law does not prohibit it authorizes. If you will review Title II, Section 202 (b) (8) and (9) of HR 1268, the REAL ID Act, you will see it says the following:
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements.
It is not a stretch to say RFID is a physical security feature, so #8 applies. As to the Machine Readable Zone (MRZ) argument, “there is no impediment in the law to its (RFID) use”. Please review the following:
This information is brought out in an “Institute for Homeland Security Solutions” via two University of North Carolina lead researchers. On their report on page 7:
“Unlike the e-Passport and Pass Card, the REAL ID mandates the use of a contact-based card and does not require the use of RFID technology, but there is no impediment in the law to its use (U.S. Department of Homeland Security, 2009).”
Document link

Incidentally, that report is pro- REAL ID, as it starts out with this:
“The investigations following the attacks of September 11, 2001, showed that our ability to verify a person’s identity is crucial to our national security.”
Please note that none of the 19 foreign nationals used a false identity to obtain a State driver license or ID card. We knew who they were. Our intelligence failed, not our DMV. They used false addresses. That can still be done under REAL ID.

I stand by my assessment that REAL ID is a failed idea for what it tries to do. This has been proven by the ability of a fugitive here in Florida being able to obtain a REAL ID compliant license by fraudulent means, and mainly due to the fact it has not been responsible for the identification of one terrorist or illegal alien- the latter of which was a reason so many State legislatures bought into the idea. Our bill’s sponsor, Sen. Baker, told me as much when I first spoke to him about this bill on the steps of the Florida Supreme Court in 2010.

My analysis of the Heritage Foundation’s 39 Failed Terror plots revealed REAL ID did not and would not have played a role in the prevention of these terror plots. The most recent one in Washington, DC is no different. A tip from the suspect’s landlord alerted police, not anything from the DMV. That suspect was ineligible for a REAL ID due to overstaying his Visa. He like anyone else so inclined does not need a REAL ID to kill Americans. All REAL ID has done is help to kill our Liberty.

In 2012 or any other year, we will not be able to prevent all license fraud. I worked driver license fraud and other identity-related cases for 5 years here in Florida. We had good and now have better security for the documents. It used to be a matter of thieves breaking into a tax collector’s office and stealing what they needed. Now, even if they did so, it would do them no good. This all happened before REAL ID, and is why Florida was so far ahead for “benchmarks”, a vast majority of which are good non-intrusive things. Only a few parts of the federal REAL ID Act are operationally troublesome- such as the seizure and retention of citizen’s documents and the federal overriding of state laws put in place to protect our police, judges, and domestic violence victims. Of course, the entire act is unconstitutional under Article 1 Section 8 and the 10th Amendment, so it is really a moot point.

Paul Henry

____________________________________________________________

From: Janice Kephart
Sent: Wednesday, February 22, 2012 1:11 PM
To:
Subject: Re: REAL ID: Response to your comments

Hi Paul,

Thank you so much for your thoughtful response.

I was a counsel to the 9/11 Commission, and wrote the pieces of the report and attending monograph, 9/11 and Terrorist Travel, that pertain to driver license and ID issuance

to the hijackers, and how we know at least some of the IDs were obtained by fraud.  We also know some of these IDs were used to help board planes on 9/11, used as primary ID as opposed to passports.  Passports brought secondary inspections; DLs/IDs did not.  You can refer to p.s 29; 31-32 at (click for link).  These facts resulted in the 9/11 Commission recommendation that the US standardize minimum DL/ID issuance standards, which in then became the standards found in REAL ID..

In April of last year I discussed how integral driver licenses were to an extensive terrorist plot that was only uncovered because of a citizen report to the FBI:  (click for link)

As to RFID, that issue only arises with the voluntary (no one has to get them) Enhanced Driver Licenses that a few northern states are offering their citizen residents as an alternative to carrying a passport for quick passage across the border.  Whether RFID can be used in a DL– not one state is interested in doing that of which I am aware.  There is no reason for it, and it would only drive up costs and is, frankly, unnecessary and from many vantage points, unwanted.  The regs for REAL ID focus on the MRZ.  That is what is discussed in DL issuance circles.

As to tackling illegal immigration without upsetting the rights of citizens, duly noted.  However, if you look at how REAL ID has helped curb illegal alien access to DLs– taking Maryland for example, a staunch anti-REAL ID state until it became the only state east of the Rockies offering a DL to illegal aliens and how quickly they became a REAL ID state because of the ensuing problems– you may decide that REAL ID helps protect your identity from those with illegal intent from getting it– at least at the DMV.  For the MD story, please see:  (click for link)

I would love it if you would post my response, but understand if you do not.

Thank you for being respectful.

Sincerely, Janice Kephart

Janice L. Kephart
Director, National Security Policy
Center for Immigration Studies
cis.org/kephart

_________________________________________________________

From: Floridians Against REAL ID
To: janicekephart
Sent: Wednesday, February 22, 2012 12:11 AM
Subject: REAL ID: Response to your comments

Ms. Kephart,
Below is my response to your comments on my REAL ID blog. Thank you for commenting. The battle against illegal immigration must not list as a casualty the rights of American citizens or the U.S. Constitution.

Ms. Kephart,
I’ll be glad to post your response as I did the others. I enjoy a professional debate of issues as opposed to one where each side resorts to sound bites, assumptions, and name calling.

The original concern I have with the federal REAL ID Act was how it came to be- when HR 418 could not get enacted, the sponsor used the tried and true yet sneaky method of inserting it into a “must pass” bill. I’m of the opinion if it was such an important matter, it should have had a lot more discussion than none at all. If Congress could gauge the total effect of  the legislation, it may not have passed. The public is now far more aware of bills such as the NDAA and PIPA Acts an their undesirable consequences. As a parallel, today the Florida Campaign for Liberty was able to remove an electronic authentication and enhanced driver license language from a House bill here in Florida. Once the sponsor was educated about the negative issues with RFID, and how under the existing “security token” language it could be utilized, he pulled all of the language from his bill. Had the same thing happened here in 2008 (I did not start working for the Florida Campaign for Liberty until 2011), I believe we would not have REAL ID in Florida, or at least not to the degree we currently have it. We are fortunate to have single-subject bills, but even at that, the RFID language was just 2 of over 60 sections in the bill. As I educate people here on the facts of REAL ID, the citizens, like Ms. Napolitano, do not see the need for it at such an intrusive level and such a high cost- the taxpayer has spent over $10 million on REAL ID in Florida since 2008, and we were well ahead of other States to start with. As I noted in the prior email, Florida had already used many security features that became benchmarks for REAL ID. These security features do not violate the privacy or rights of any citizen, and as I noted, we are in favor of them.

Next, the concept of the federal government setting State driver license standards is a direct conflict with the Tenth Amendment via Article 1 Section 8. In a February 2011 legislative hearing here in Florida, Mr. Brian Zimmer, the self-professed author of the federal REAL ID bill, stated licenses are interstate commerce, so the Act is constitutional. However, a plain reading of the Constitution as well as on-point case law such as Printz vs. US (local officials compelled to perform federal tasks is unconstitutional) is in direct conflict with this assertion. Licenses are generated and sold in each State, and the money stays within the State. It is purely intrastate commerce, and as such, reserved to the State. REAL ID was not voluntary, since if a State chose not to comply, they still had to change what they issued to be a non-federal identification. REAL ID punishes people such as myself that do not care to fly, enter federal buildings (although there is another constitutional issue there if a federal representative is inside), or nuclear power plants. I use my driver license to …. drive. I have a shop full of cars and motorcycles and enjoy doing so. It also punishes me in particular since I am a retired law enforcement officer (active duty also applicable). Under Florida law, my residential address, photos of me, where my kids go so school, etc. are not public record when held by a government agency such as the DMV. REAL ID over-rode that law and requires me to not only have my residential address on my license, but to also have personal papers on file with the DMV with my residential address listed. The same goes for victims of domestic violence who under State law are authorized to use an alternate address. In addition to this, I am gravely concerned over the language that Mr. Sensenbrenner or Mr. Zimmer never speak about- the ability for the Secretary of Homeland Security to determine when a REAL ID can be required without any limits. This is too much power for an unelected person to wield in our Constitutional Republic.

REAL ID came to us with an effective date of 2010. In 2009, we suffered a huge increase in both driver license and tag fees, so REAL ID and its added paperwork cost in time and dollars was truly salt in the wound. When I travel the area and speak about REAL ID, invariably an older woman speaks up about how much time and money it has cost in order to renew her license. This is due to her having been married or divorced, and the corresponding name change. Our seniors were running into birth certificate issues, since many did not have one. The DMV “relaxed” the rules here for those born before 1935. Inconsistency in a law is a bad thing. Since they were given an exemption, why not divorced women? Why not domestic violence victims?

This law, like so many others in modern times has gotten away from the concept of cause. As a police officer, I had to have cause to enforce the law. As an example, I could not require everyone in town to report to the police station and prove they did not rob the town’s bank. REAL ID makes everyone that is already licensed prove again, without cause, that they are who their license says they are. When I worked license fraud, there had to be cause to investigate. As an example, when I tracked down one of the people responsible for the 1976 murders of Trooper Philip Black and Canadian Constable Donald Irwin, I found he had fraudulently obtained a Washington State driver license. Unlike the 9/11 hijackers, he used a false identity. The authorities there properly prosecuted him based upon my information. Looked at another way, if we are to disregard the Tenth Amendment, what is to stop us from doing so (actually more so when one considers the TSA) with the Fourth? Think of all of the contraband items we could discover if we mandated searches every so often. I’m hopeful you see the direction this is going when good intentions become excessive and unconstitutional. Rep. Ron Paul, who was one of just a handful of representatives to vote against REAL ID, said this in a 2010 interview regarding a national ID:
“It’s always for good purposes. They’re going to get rid of illegal immigration, they’re going to find the criminals. But they’re also going to monitor every single person, everything they do. It’s sort of this idea, why not have cameras everyplace, on every street corner, because we’ll catch the bad guys. Well why don’t they have cameras in our house in case there’s child beating or wife beating? One thing leads to another. You either believe in freedom or you don’t.”

The Aldawsari case is just like all of the others I looked at in the Heritage report I referenced. He was caught due to alert Americans notifying law enforcement, not REAL ID. In this case, it was the chemical company. REAL ID fails in the respect that with the exception of the passport, none of the documents have a photo of the holder. I worked a case once where an 18 year old girl borrowed the paperwork of a 21 year old. They apparently looked enough alike to fool the DMV clerk, who issued the 18 year old a 21 year old ID. They could do the same thing today, as none of the documents required by REAL ID had a photo. If we could just require the DMV clerks to make use of the existing photos on file, we could eliminate a great deal of fraud. That was my concern when I worked this type of case, and it remains so today- I added photo verification requirement for a renewal language to the legislation I wrote for a partial REAL ID repeal here in Florida. I retain my old driver license fraud cases, and in looking over them, I see many dealt with administrative errors. Here’s a sample from one of them (emphasis added):

My investigation has revealed that instead of creating a new record as Olmo Rodriguez, the 2003 issuance as should have been placed on the existing Olmo record when the subject returned to Florida in 2003.  The Examiner failed to follow DDL Policy LR16- Original CDL License by not checking the subject’s availability and created an unnecessary duplicate record.  There is no evidence that Mr. Olmo committed any fraudulent acts to obtain a driver license.

When the door is opened for “voluntary” RFID or enhanced driver licenses, we are one step closer to making them mandatory. The bill we defeated today had language in it- mediametrics- for which there is no definition. Our laws are rife with things that while not specifically authorizing something, not prohibiting it either (see the IHSS report in my prior email as to their take that RFID could be used with REAL ID since it was not prohibited). As another example, here in Florida we have red light cameras. If you seek the word “camera” in the statute, it’s not there. They are “traffic infraction detectors”, which allows far more expanded use (i.e. speed, parking, etc., all of which are traffic infractions) than if they were called red light cameras. The term RFID did not appear in our House bill, but the language was so vague that it could have been used, as it was not prohibited.

We are putting so much usage on a driver license that was never intended that it is in effect a national ID- it most certainly is a “federal identification” when one reads section 202(d)(11)(a) of the REAL ID Act (emphasis added):

(11) In any case in which the State issues a driver’s license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card—

(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and

When you factor in the international photo standards, it becomes an international ID. I see no problem with using a passport to travel and a license to drive. It’s the round peg in a round hole argument. If the federal government wishes to restrict air travel in addition to the TSA, they can attempt to do so with some type of flight ID. Ditto a nuclear power plant ID or federal building entry ID. I won’t argue the constitutionality of any of that, I’ll leave it to my friend Jim Harper at CATO. I’ll Bcc him on this.

Illegal immigration can be dealt with without intrusive and unconstitutional laws like REAL ID and E-Verify. Since it is a significant crime, it must be dealt with as such. I worked on the commercial vehicle and cargo theft task force here until retirement, and it involved nowhere near the amount of money illegal immigration opponents cite. The estimate here in Florida is illegal immigration costs the taxpayers $5 billion a year. For a fraction of that amount, we could form a task force of law enforcement, prosecutors, and judges and investigate reports of illegal aliens, and then prosecute and remove them. By doing so, the rights of the average citizen working in Florida would be protected against excessive government intrusion into their private lives, and they would not need to seek the blessing of the federal government (as is now done with E-Verify) to obtain a job. Other methods that can be employed involve a surcharge on funds wired out of the country, and the checking of legal status before a tax-funded benefit is obtained. Employees (even those here illegally, as they pay gas, sales, and other taxes) put money into the tax pool, while entitlements remove it. If it is not clear, I oppose illegal immigration. The above are some ideas I and others have had as to how to deal with it and not cause undue harm to the rights and privacy of our citizens.

Reading the Maryland story, it appears they were issuing licenses out of the State and even out of the country. This is a bad idea, but REAL ID was not needed to fix it. In a license transaction, the applicant must appear in person so they can be compared to their photo for a renewal, or their documents inspected (but not retained by the government) for an original application.

I’ll close with the observation that as a squad sergeant on the Highway Patrol here in the 1990′s, I had at best three troopers working in a county with a seasonal population of about 500,000 people. We were very busy due to crashes and other calls for service. The southern part of the county was agricultural, and there were many migrant farm workers. It got to be so regular an occurrence there that we were stopping unlicensed drivers that I had to put out a directive to tow the car and issue a notice to appear- I could not justify having a trooper off the road for up to 2 hours for a no driver license arrest- the jail was in the northern part of the county. The point here is that illegal aliens have driven without a license for decades. REAL ID will not change that. I suspect if anything else, it may create a black market for “clean” identities. I have already written partial repeal legislation for Florida for the 2013 legislative session. The representative that blocked our 2012 bill has declined to run for re-election. I’m hopeful this has been in part to my exposing his hypocrisy of running for office on the basis of more freedom and a least intrusive government, then blocking our bill so that it did not get a hearing. I expect we will do much better next year, and are already on the way with our defeat of RFID today.

Sincerely,

Paul Henry

Political work can get very frustrating, especially for someone that thinks in a logical manner. Sunday morning my Pastor spoke about staying the course. As usual, a great and timely teaching. It’s invaluable to have friends you can count on for good advice. I’m going to post something my friend Catherine sent to me yesterday along these lines:

A man was sleeping one night in his cabin when suddenly his room filled with light, and God appeared. The Lord told the man he had work for him to do, and showed him a large rock in front of his cabin. The Lord explained that the man was to push against the rock with all his might. So, this the man did, day after day.

For many years he toiled from sun up to sun down, his shoulders set squarely against the cold, massive surface of the unmoving rock, pushing with all of his might. Each night the man returned to his cabin sore and worn out, feeling that his whole day had been spent in vain.

Since the man was showing discouragement, the adversary (Satan) decided to enter the picture by placing thoughts into the weary mind: “You have been pushing against that rock for a long time, and it hasn’t moved.” Thus, he gave the man the impression that the task was impossible and that he was a failure. These thoughts discouraged and disheartened the man.

Satan said, “Why kill yourself over this? Just put in your time, giving just the minimum effort; and that will be good enough.” So that’s what the weary man planned to do, but decided to make it a Matter of Prayer and to take his troubled thoughts to the Lord.

“Lord,” he said, “I have labored long and hard in your service, putting all my strength to do that which you have asked. Yet, after all this time, I have not even budged that rock by half a millimeter. What is wrong? Why am I failing? The Lord responded compassionately, “My friend, when I asked you to serve Me and you accepted, I told you that your task was to push against the rock with all of your strength, which you have done. Never once did I mention to you that I expected you to move it. Your task was to push. And now you come to Me with your strength spent, thinking that you have failed. But, is that really so?

“Look at yourself. Your arms are strong and muscled, your back sinewy and brown; your hands are callused from constant pressure, your legs have become massive and hard. Through opposition you have grown much, and your abilities now surpass that which you used to have.

“True, you haven’t moved the rock. But your calling was to be obedient and to push and to exercise your faith and trust in My wisdom. That you have done. Now I, my friend, will move the rock.”

**At times, when we hear a word from God, we tend to use our own intellect to decipher what He wants, when actually what God wants is just a simple obedience and faith in Him. By all means, exercise the faith that moves mountains, but know that it is still God who moves the mountains.**

I’ll close this section with something another friend, Andrew, sent to me yesterday:

“One opposes tyranny, or one enables it. There is no middle ground and time is not an ally. Wrapping tyranny in the flag and calling it security makes it no less evil.”

Certainly a quote worth remembering. You can read Andrew’s entire piece here.

Consolidation

After evaluating this organization, I have decided to move forward in the REAL ID effort with the Florida Campaign for Liberty (C4L), where I am working as a lobbyist and there are thousands of members. The C4L will soon have a site upgrade and blog function, so I can work more effectively at the identical goals of both organizations instead of the fragmentation that seems to be impairing the Liberty movement. The REAL ID website and this blog will remain up as a reference source, but will no longer be updated once the C4L site is up and running. I will post a link once it is operational.

It’s imperative that if you agree with what we as Liberty activists are doing, that you support us financially (click to donate). It’s a David vs. Goliath battle here- and we’re David. The red light camera company ATS has 14 lobbyists in Florida alone. The DMV pays their lobbyist over $80,000/year- who do you think is working against repealing REAL ID? My local government just authorized $20,000 for two lobbyists for a single issue that will be decided before the session ends- about a month’s worth of work. It’s unlikely many can give $10,000, but how about $10? There are millions of drivers affected by REAL ID. Not all of them can or want to go to Tallahassee and speak on the issue. The C4L can and will do so, but needs your help.