Time, Expressions of Regret Save TSA Nominee

The Washington Post reported on January 1 that Erroll Southers, the nominee to lead the Transportation Security Administration (TSA), admitted to a U.S. Senate committee that, some 20 years ago, he was censured by the FBI, his employer at the time, for having improperly accessed a confidential database to locate derogatory information on an ex-wife’s boyfriend.

First, it is notable that the only consequence of having done so was censure, which illustrates the discretion federal agencies have in determining punishments short of security clearance suspension or revocation.

In sticking by Southers despite the fact that he errored in recollecting the incident for the Senate, a White House official and Senate committee leaders noted that Southers “never tried to hide the incident,” which “happened over 20 years ago.”

Senator Lieberman added that “the totality of Mr. Southers career more than qualifies him for the position to which he was nominated.” Senator Collins noted about Mr. Southerns during his testimony: “You have taken responsibility for your actions. You’ve acknowledged your mistake….”

Southers’ experience may be instructive to others with similar concerns about prior work performance issues. However, his nomination’s positive outcome in the Senate committee may be colored by the fact that TSA remains without a leader a week after a botched bombing attempt on a Detroit-bound airliner, and the White House and Senate are likely eager to fill the vacancy.

Filed Under: Adverse Actions