"Ron Natalie" wrote in message
m...
Gary Drescher wrote:

I don't see how the government could elect to "avoid" abiding by its
declared immunity policy. Immunity deals (even for serious crimes, which
this isn't) are crucial to our legal system, and as such are taken
seriously; the whole system would fall apart if immunity guarantees were
not binding.

The whole FAA regulatory system is an afront to your legal system. The
ASRS immunity never applied to crimes (specifically exempted). The FAA
isn't runnign the show here, and nobody has had the guts to stand
up to the people who are.

No crime was committed; the FBI has already announced that no criminal
charges will be pressed. You were claiming there could be a 30-day license
suspension regardless of ASRS immunity conditions; that would be a civil
matter (under the FAA's jurisdiction), not a criminal matter.

There've been many DC ADIZ violations. Are you aware of any instance in
which a pilot met the ASRS immunity conditions, but the promised immunity
was denied?

You're confusing two issues. The ASRS gives you immunity from action
based on the information you submit. This is importat, but it doesn't
apply here. They don't need the information in the ASRS form to prove
you violated the ADIZ.

Right; that's not the type of immunity I was referring to.

The second ASRS feature is the absolution from sanctions if you
had submitted one. This just said you can get out of sanctions if
you showed a good attitude by sumbitting the form. This is what
is not being offered to pilots busting the ADIZ.

My point is that the written immunity policy promises that that absolution
*will* be granted (provided that a few conditions are met, as discussed
earlier in the thread). The written promise does not specify any exception
for ADIZ violations, so any such exception would constitute a blatant
violation of the stated promise. Promises of immunity are taken very
seriously by our legal system. In the absence of any known precedent for
such a blatant violation of an explicit promise of immunity (when the stated
conditions are met), I don't see any reason to conclude that that's what
would occur.

--Gary