"Jonathan Goodish" wrote in message
...
I fail to believe that there can't be exceptions to the NASA ASRS
procedures in extreme cases,
and I'd say busing the ADIZ and prohibited airspace is extreme.

The immunity promise is spelled out in the NASA link I posted earlier. It
has no exception for busting ADIZs. "Extreme" cases are criminal cases
rather than merely civil cases (in civil cases, the FAA can just impose
fines and administrative penalties, such as license suspensions). The ASRS
immunity indeed does not apply to criminal violations. But the FBI has
already said that there is no crime to prosecute. So that leaves the FAA,
which is bound by the ASRS immunity promise (if the spelled-out conditions
apply).

Look, it's not that I'm underestimating what the government could do in the
name of homeland security these days. I don't deny that they could
contravene due process (and other Constitutional guarantees) to disappear
you, or torture you, or send you to Saudi Arabia to be tortured, if they
deemed it important enough. What I doubt is that they would blatantly and
publicly contravene due process (by failing to honor a binding promise of
immunity, which is a staple of our legal system) just to impose a piddling
penalty like suspending a pilot's license.

Apparently, the radio wasn't working. In my
opinion, taking an airplane with an inoperative radio into or around the
DC area is lunacy.

Has it been established that the radio failed *before* entering the area?

--Gary