And if they had done the smart thing and lawyered up instantly, then let the rest of the story play out, there would have still been a media storm, saner heads would have stilled prevailed in 24 hours, and they still would be getting off consequence free. Except they'd have working computers and no data in the hands of possibly vindictive TSA agents.

I love cops. Don't ever talk to them.

This is an excellent (Regent Law School) lecture that elucidates exactly why you should NEVER speak to the police: http://video.google.com/videoplay?docid=-4097602514885833865...

Awesome video. But what should you say exactly when asked for a statement? Do you say "I will not talk to you", or do you say "I won't talk to you without my lawyer" or "I won't talk to you without immunity?"

And, when do you use this? If you are at the scene of a crime and they ask you to come over and talk to them, do you just say no?

I've never had to do this so I'd like to do it right if it comes up.

The magic words are "Am I free to leave?" -- in which case, you have no particular obligation to tell them anything else (your locality may have a rule where you have to tell them your name on demand).

If you are not free to leave, you are under arrest (whether they tell you so or not). That triggers a bunch of Constitutional protections (whether they tell you so or not). If you are arrested, you only say one thing: "I wish to speak with my attorney, please."

(I have no objection with speaking to the cops to say "He went that way, officer!" or "Why yes, I did see the accident." I'm assuming you take the advice in cases where they express adversarial interest in you personally, or cases in which you are obviously in danger. For example, if I had woken up this morning and there was a dead body next to me, I would have summoned the police and lawyered up as soon as they got in the door.)

Only ask for your lawyer. "I will only speak with my lawyer." and say nothing more. ever. regardless of how they try to bait you.

It's an interesting video (I've watched it before), but this comment seemed apt the last time said video was mentioned:

http://news.ycombinator.com/item?id=723043

After they imaged the blogger's hard drive in its entirety and also downloaded the contents of both his phones?

And then intimidated the other by claiming they would get him fired from KLM?

Each of these guys should go after the goons, attaching their personal assets if he wins, using a "Bivens" claim.

I'm not sure that merely apologizing is good enough. The TSA needs to explain how they're going to ensure that these sort of heavy handed tactics won't be used again and what disciplinary actions the agents involved will be facing.

We don't make the rules, but we should play by them. In the USA, there is no good outcome to believing, or cooperating with, any police authority at the federal level. Its not a matter of political views, its just the way the system works. Even at the local level, when in doubt, or if their the slightest bit threatening or intimidating, shut up and lawyer up.