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"No punishment. No investigation," the Pentagon chief wrote on social media hours after military officials announced they had grounded the pilots involved.
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Election experts and Democratic officials called the order legally invalid, and Arizona and Oregon pledged to immediately challenge it in court.
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The Army is "committed to enforcing standards and holding personnel accountable," an official said. The flybys were not authorized.
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Airport security officials have been sharing passenger data with immigration agents, but the program received little attention until videos captured a woman and her daughter being detained at San Francisco's airport.
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