The War On The Border Patrol And The First Amendment–No Whistleblower Unpunished


Gil Kerlikowske, Commissioner of U.S. Customs and Border Protection, appears to be engaged in an illegal campaign of harassment and retaliation against Border Patrol Agent Brandon Judd, who testified recently before the House of Representatives and exposed a significant expansion of the Obama Regime Administrative Amnesty.  In his testimony, Judd informed Congress that illegal aliens who are encountered by the U.S. Border Patrol are no longer being arrested if the illegal aliens merely claim to have been in the U.S. two years or more, as the Obama Regime has decreed that such illegal aliens are no longer to be arrested.

Kerlikowske was enraged at the truthful testimony, and issued a qualified denial of this policy. However, I  documented and confirmed that the catch-and-release policy in such cases is correct, confirming Judd’s testimony under oath.  Kerlikowske should, of course, be criminally prosecuted for lying to Congress and impeached.

Since Judd’s testimony, Kerlikowske and certain subordinates in the Border Patrol  have filed false allegations of misconduct against Judd for his accurate testimony.

Border Patrol Agent Brandon Judd testified before the Immigration and Border Security Subcommittee in his role as President of the National Border Patrol Council (NBPC) and sounded the alarm to lawmakers about policies of the Department of Homeland Security (DHS). Within days, politically-appointed managers in the Border Patrol agency filed a complaint against leaders of the NBPC. They were apparently emboldened by Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske’s statement before the House Appropriations Committee impugning the integrity of Border Patrol Agent Brandon Judd. The commissioner, widely hated by Border Patrol agents for his public dismissals of their perspectives, never clarified which aspects of Agent Judd’s testimony with which he took issue.

[Retribution: Border Patrol Agent Suffers After Blowing Whistle to Congress, by Brandon Darby, Breitbart, April 18, 2016]

Such testimony is protected by law, as no Federal employee can be disciplined for truthful testimony before Congress, nor can a Federal employee be disciplined for exercising his First Amendment rights. Furthermore, no Federal employee can be ordered to commit an unlawful act. (This is commonly known as the Nuremberg Principle.) So Judd is protected by the Constitution and by law for his testimony, nor can he be disciplined for failing to follow the unlawful Obama Regime Administrative Amnesty.

This attack on the First Amendment and the rights of Americans is not the first,  though.  The Treason Bar has been at the forefront of the war on the Constitution in the name of expanding illegal immigration and, more importantly, Electing A New People.  In fact, as I wrote in one post, you can have immigration or the First Amendment, but not both.

Not only are immigrants themselves unsuited to a republican form of government but those who advocate for immigration are enemies of the basic principles of the Constitution, such as free speech.

And it’s not just the Treason Bar.  American unions are all-in with the war on the First Amendment, with the now misnamed American Federation of Labor?Congress of Industrial Organizations (AFL-CIO) in on the war on the Border Patrol and freedom of speech.

Radical leftists pushing for an open borders agenda are attempting to destroy the ability of over 80 percent of our nation’s Border Patrol agents to speak out and sound the alarm to the public and to Congress.  The Huffington Post reported that the open-borders extremist group, Not1More, is a “prominent immigrants’ rights group” and that they were behind an effort to have the AFL-CIO kick out the National Border Patrol Council from its ranks. Not1More derives its name from the idea that “not one more” illegal alien should be deported from the U.S.[Leftists Organize to Silence Border Patrol Agents Over Trump Endorsement, by Brandon Darby, Breitbart, April 1, 2016]

The war on the Border Patrol is another skirmish not only on immigration law enforcement, but also on the historic American nation.  As an aside, a warning to the U.S. Immigration and Customs Enforcement Office of Professional Responsibility or U.S. Customs and Border Protection Office of Internal Affairs agents assigned to this case, drop it like a hot potato, you can be held legally liable for civil rights violations, e.g. Title 18 United States Code Section 242.  You don’t want a visit from the Department of Homeland Security Office of Inspector General.