e TSA has denied that it is defying the law by ignoring a now more than one year old court order to conduct a public comment process with regards to its use of so called naked body scanners.

The machines have been systematically rolled out in airports throughout the nation over the last three years without public consultation. This act has been ruled by the U.S. Circuit Court of Appeals for the District of Columbia to be a violation of federal law. Earlier this month, the court finally ruled that the TSA had until August 30th to to provide a reason why the agency has not held public hearings on guidelines for the body scanners.

That deadline expired yesterday and the TSA has responded.

In a court filing issued yesterday, the TSA claimed that there was “no basis whatsoever for (the) assertion that TSA has delayed implementing this court’s mandate.” (.pdf)

The agency again cited “staffing issues” as a reason for the delay, and claimed it cannot yet release documents pertaining to the rollout of the scanners and the decision that was taken in 2009 to make them the “primary” method of security in airports all over the country.

The TSA says it is awaiting approval from the Department of Homeland Security and the Office of Management and Budget in order to release the information to the court.

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