"...do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic..."

"For the good of the Air Force, for the good of the armed services and for the good of our country, I urge you to reject convention and careerism..."
- Secretary of Defense Robert Gates, Maxwell AFB, April 21, 2008

"You will need to challenge conventional wisdom and call things like you see them to subordinates and superiors alike."
- Secretary of Defense Robert Gates, United States Air Force Academy, March 4, 2011

Monday, February 22, 2016

Soon the Supreme Court Will Determine the Outcome of Our Long Battle

It still amazes me that, after the oral argument before the Fifth Circuit Court of Appeals and the provable facts and the written and clear law, two of the three judges bent over backward to find against me in my lawsuit against the Border Patrol.  The video above still leaves me shocked that two judges could so purposefully get the law wrong in the face of clear text and clear video proof of facts.  Yet they did.

Soon the Supreme Court of the United States will determine the fate of this long public service.  Fortunately my job as a military officer is simply to support and defend the Constitution without mental reservation or purpose of evasion.  A purpose of evasion, for example, might include the incredible cost of litigation.

I am a public servant so I serve, as I swore to Americans I would do.

But beyond supporting and offering a defense of the constitutional rights of my countrymen who pay me, I am unable to secure victory.  I can only fight.  I won't comment on the odds of fighting for freedom in our nation here at home versus fighting the enemy overseas, except to say that one is far more difficult than the other.  And I'll say that fighting Al Qaida is a hell of a lot easier than fighting corrupted so-called public servants like Agent Lands and Agent Perez and robed-politicians who care little to nothing about the rule of law.

But I am forever grateful that Judge Jennifer Elrod got it absolutely correct in her dissent.

So having paid my incredibly expensive cover charge, with the glow in the dark bracelet around my wrist, I've now entered the most expensive bar in our nation.  There is no alcohol, and sadly they are down one phenomenal bartender.  But regardless, our nation needs them to do the right thing and it's almost closing time.

Whatever happens, and the statistics make it clear just what that will be, I hope the government's fictional narrative is set aside and the clear video proof of the encounter is consulted along with our nation's law before a decision is made.

Again, all I can do is fight for Americans.  I can't magically assure victory.  I'm confident when fighting the enemy overseas.  But I have no such confidence here at home, I'm sorry to say.  I wish it were different.

ETA: My response to the government, the final filing before the court, can be viewed here.


  1. Keep up the good fight Sir. I commend you for standing up for what you believe in.

    711th HPW / AFRL

  2. Thanks, although I'm not standing up for what I believe in. I'm standing up for the Constitution as I swore to do, regardless of what I believe.