In discussing legal arguments about airport body scanners, Justice Department lawyer Beth Brinkmann told the U.S. Court of Appeals for the District of Columbia Circuit that if the TSA wanted to literally strip search passengers, it would not have to request public comment.

[Judge David] Tatel wondered aloud whether the government would have to seek public input if the TSA began literally strip searching fliers because a “terrorist gets through and blows up the airport.”

“No,” Brinkmann answered.

Congress, she added, required transportation officials to use the scanners or “effective technology” to protect the airlines, so no public input was necessary.