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.