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Pilot, Secret Service agent trade charges

WASHINGTON (CNN) -- The pilot who barred an Arab-American Secret Service agent from an American Airlines flight on Christmas Day has filed a formal complaint with the Secret Service, accusing the agent of improper conduct.

At a news conference Thursday, attorneys for the agent, Walied Shater, 33, said it was the pilot, not the agent, whose conduct was unprofessional.

They also charged that the agent -- a seven-year veteran of the Secret Service on his way to protect President Bush at his ranch in Crawford, Texas -- was singled out because of his ethnicity.

"Pure and simple, this is a case of discrimination," said attorney John Relman. "This wouldn't have happened if he wasn't of Arab descent."

VIDEO The pilot who barred an Arab-American Secret Service agent from a flight filed a complaint with the Secret Service, accusing the agent of improper conduct. CNN's Jeanne Meserve reports (January 4) Play video (QuickTime, Real or Windows Media)   RESOURCES • Text of pilot's statement  • Text of American Airlines manager's incident report       LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

In his complaint filed with the Inspections Division of the Secret Service -- the agency's equivalent of an internal affairs division -- the pilot accused Shater of being confrontational, hostile and argumentative during an encounter at Baltimore-Washington International Airport.

He also said he had concerns at the time about whether Shater was misrepresenting himself as a federal law enforcement officer.

The pilot asked the Secret Service to address what he called Shater's "unprofessional" behavior before "he interferes with another commercial airline flight crew in the course of their lawful duties and compromises the safety and security of the crew and the passengers aboard."

In an internal airline report posted on American Airlines' Web site, the pilot said he "acted in the best interest" of his crew.

Attorneys for Shater insisted he was carrying proper identification and credentials, had filled out the necessary paperwork to board the aircraft with his firearm and never became belligerent when challenged by American Airlines personnel. While refusing to rule out the possibility of a civil lawsuit against the airline, Shater's attorneys said he wants to settle the matter "amicably" and was not seeking money. He was angered by what he felt was an inaccurate account from the pilot about what happened, the attorneys said.

Any money Shater might receive from a settlement or ruling against the airlines will be donated to victims of the September 11 attacks, they said.

Shater, a married father of two, also wants the airline to acknowledge that his civil rights were violated and to assure that it will not profile people by their ethnicity, said Christy Lopez, another of his attorneys.

"We feel that the pilot was unable to see past the agent's ethnicity and that his bias and stereotyped view made innocuous and innocent facts seem suspicious in his eyes," Lopez said.

She noted Shater had valid credentials and a badge and that three law enforcement officials at the airport verified them.

Shater's ticket, she said, also indicated it was issued by the government.

Many Arab-Americans have complained of profiling by authorities in the wake of the September 11 attacks in which 19 men of Arab descent hijacked and crashed four jets.

In a statement, American Airlines denied the pilot engaged in any racial or ethnic profiling. The statement said the airline would "not allow any armed individual onboard, regardless of who he or she is" if that person was angry or acting in a way that "could jeopardize the safety of the flight."

"American carries out its security obligations according to the guidelines provided by the federal government," the airline said, adding the pilot had filed a complaint with the Secret Service.

Shater was not at the press conference. He released a statement through his attorneys that said: "It's never been my desire to make this incident personal. This case is only about the facts. I love my job and I want to thank my fellow agents for all their support. God bless America."

The incident occurred at Baltimore-Washington International Airport as the agent was leaving for Texas.

The agent had boarded one plane but disembarked with other passengers because it had a mechanical problem. He then boarded a second plane, destined for Dallas.

Lopez said Shater boarded the plane, was introduced to the captain and gave him paperwork required for law enforcement officials who carry weapon on flights.

Nevertheless, Shater was asked to leave the plane for additional security checks -- along with some other passengers.

In the internal airline report filed by the pilot and obtained by CNN, the pilot said the incident began when a flight attendant said she and other flight attendants were concerned about the actions of a passenger.

The passenger had left the aircraft while leaving a carry-on bag still in his seat, telling flight attendants not to leave without him.

While the passenger was away, the flight attendants "observed books in the individuals [sic] seat which were written in what she assessed was Arabic style print," the pilot wrote.

Shater's attorneys said the Middle East history book was in English and they questioned why his belongings were searched.

Shater returned to the plane but, according to his attorneys, was asked to leave once more and fill out new paperwork.

"The form was unreadable because it was a carbon-copy and there were missing items," the pilot said in his report.

"I then had the agent come back and re-check his credentials" and fill out a new form, but it was "filled out improperly."

When the agent returned, the pilot decided to review the paperwork required of law enforcement officials who carry weapons onto planes.

Shater "appeared nervous and anxious," the pilot said.

The pilot said that as he tried to verify the Secret Service agent's credentials the agent "became very hostile."

"In the interim, I was given a third improperly filled out [form]. This had no signature of the [law enforcement officer], no phone number."

The pilot defended his actions in the report. "I absolutely felt correct in having this individuals identification validated," he wrote. "After three improper [forms] and the behavior of this individual, I needed to be 100 [percent] sure of his credentials."

An American Airlines operations manager, writing in a separate report, said Shater admitted to not properly filling out the paperwork.

Relman, Shater's attorney, disputed the pilot's account.

"This Secret Service agent was traveling with his Secret Service identification, with his badge and with his photo ID," Relman said.

"He cooperated at all times with everything asked of him. He followed all procedures. He acted in a cool and professional manner throughout.

"He was prepared to cooperate and provide the relevant telephone numbers and information about supervisors and any individual who American Airlines wanted or the pilot wanted to confirm that he was a Secret Service agent," Relman said.

Shater's attorneys said a passenger sitting next to the agent had come forward to support him.

An investigation of the incident by the Secret Service is under way. Bush told reporters he would be "madder than heck" if racial profiling was a factor.

The agent arrived at Bush's ranch about a day late because of the incident.

--CNN Homeland Security Correspondent Jeanne Meserve and CNN Senior White House Correspondent John King contributed to this report.