It is one thing for the Biden Regime to run their own criminal enterprise, allowing in, even bringing in illegal aliens in violation of the law. It is one thing to say that Joe Biden, Alejandro Mayorkas, and Merrick Garland must be prosecuted for their crimes. At a certain level, federal employees must follow the instructions and policy of the President. However, that did not stop the Deep State from actively sabotaging President Trump. So, what must the next administration do with the Federal employees who either actively or passively aided the criminal actions of the Biden Regime?
First, there is no “I was ordered” immunity for criminal actions by anyone, aside for a threat of violence or murder. The typical fictional situation is that a man’s children or wife are kidnapped and he is forced to perform some criminal act to prevent the children or wife being murdered.
That does not apply to Federal employees in the performance of their duties. Every Federal employee has to do annual ethics training. One of the core instructional points is that Federal employees are not allowed to violate the law and must refuse any orders or instructions to violate the law. Federal employees are also required to report any violations of the law up their chain of command, to the appropriate Office of Inspector General (OIG), and are allowed to report to Congress, as well as the Office of Special Counsel (OSC). The law also prohibits retaliation against those reporting misconduct and those who refuse to act unlawfully.
At first, I was against active prosecution, except for a few top level bureaucrats like Tae Johnson, who did not act to stop the illegal actions. The mentality of a bureaucrat is to go along to get along. In the end, most Inspectors General refuse to investigate any administration. The fact is, Inspectors General are nominated by the President and confirmed by the Senate. This does not engender aggressive and independent action. And in a tripartite form of government, there is no room for them to act independently. The situation suggests that a fourth branch of government be created along the lines of the Censorate of Imperial China, where independent bureaucrats were authorized and empowered to investigate, arrest, try, and punish anyone except the Imperial Person; even the most powerful eunuch, Duke of the Imperial Family, or general, were subject to censure. The Republic of China still has a similar organ established as part of their Constitution, the Control Yuan. Of course, the theory was much better than practice, so for the moment, impeachment by the legislative branch and criminal prosecution by the next Administration are the only options open to solve the problem of executive lawlessness.
However, recent events have changed my mind about prosecution of the lower level bureaucrats participating in the illegal Biden Regime Administrative Amnesties. Where I once said that impeachment was the answer to the Biden Regime Administrative Amnesty, the new solution should be widespread criminal prosecution down to the lowliest bureaucrat. The proximate cause of my change of mind is the recent actions of Border Patrol Agents (BPA) to aid illegal aliens to enter the United States.
NEW: For the first time, we witnessed the TX National Guard close & lock a gate on private property at a major crossing area in Eagle Pass, denying entry to migrants who just crossed illegally & expected to be let in. Border Patrol then came w/ a key & let them in for processing. pic.twitter.com/S1fZaTJnEi— Bill Melugin (@BillFOXLA) August 17, 2022
A Sad Day, The United States Border Patrol Aiding Illegal Aliens To Enter The United States
This is the moment Border Patrol agents opened the gates at the southern border to let illegal migrants in – just after Texas National Guard officers had locked it.
Footage showed the armed agents – who work under the direction of the Biden administration – unbuckle the barb-wire fence before several asylum seekers – including men, women and children – walked through.
Agents then stood around chatting and finally shut the barrier between Mexico and the US after dozens had filed past them into the country, as the Texas National Guard watched on helplessly.
The video was roundly slammed online, with Texas Governor Greg Abbott leading the charge by branding it ‘unbelievable’ and blaming Joe Biden’s border policies for the influx.
It comes amid a surging crisis in the US as migrants from across South America ditch their homes and trek thousands of miles in search of a better life in the States. At least two million are reported to have entered the country already this year, setting a new national record dating back 22 years.[Unbelievable’! Border Patrol Agents OPEN The Gates At A Crossing Point Letting In Illegal Migrants At The Southern Border Moments After Greg Abbott’s Texas National Guard Had Locked Them: More Than Two Million Have Crossed In 2022 – A 22-Year High, by Harriet Alexander and Katelyn Caralle, Mail Online, August 18, 2022]
This is not just outrageous, but a criminal act by those BPAs. Frankly, I am shocked. The BPAs were obviously ordered to unlock this gate. They should have refused to unlock the gates, forcing whichever Supervisor BPA (SBPA) to do it himself, or that SBPA to pass the buck up the chain of command. Once if passed up one level of supervision, it is unlikely any higher up, like a Deputy Chief Patrol Agent or higher, would have taken any action. He might fume or curse, but the Border Patrol is very much a brotherhood, and concerted action by agents to refuse such orders would have left the Chief Patrol Agent (CPA) with little option but to do it himself, or just ignore the insubordination.
And the BPAs would have been acting lawfully by refusing such orders to open the gates to allow illegal aliens in. Because opening the gates aided and abetted illegal aliens to enter the United States, a violation of Federal law.
Any person who—[Title 8 United States Code (USC) Section 1324, Bringing In Or Harboring Certain Aliens, Legal Information Institute, undated]
(i)knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii)knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii)knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv)encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(I)engages in any conspiracy to commit any of the preceding acts, or
(II)aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph
Now, I do not believe these agents acted on their own. If they did, if they used their own initiative, or acted without reflection on what they were doing according to some established policy, then they should be prosecuted by the next administration, DeSantis or Trump. If they did so under direct orders from a SBPA or higher supervisor, and turn state’s evidence against those supervisors, then they can have a pass, this time. But after this warning, no pass next time. There is no legal provision giving illegal actions by government employees immunity from such behavior, unless they were acting to further a specific criminal investigation and prosecution, of which this is not the case.
The immigration patriots in the commentariat must publicly agitate and pressure the Trump and DeSantis teams to publicly repudiate this illegal action and promise future criminal prosecution of any government employee aiding the Biden Regime Administrative Amnesty. Trump and DeSantis should actively encourage patriots in the bureaucracy to expose such illegal activity by the Biden Regime and, more important, actively sabotage the illegal Biden Regime Administrative Amnesty! It is their legal and patriotic duty. Of course, both must act to have legal representation ready to aid any employee acting to see that the laws of the United States are faithfully executed, pour encourager les autres!
Time to turn the Deep State on the Biden Regime Administrative Amnesty! And to start with, Governor Abbott should instruct the National Guard, Militia, and State Law Enforcement to refuse to open such gates and to physically prevent the Border Patrol from unlocking gates. Time for a confrontation. I expect most BPAs to refuse to take any action in such situations.
Governor Abbott, the ball is now in your court.