Confirming the reliability of Megatron, Zerohedge has republished an article just now that links to Fox reporting that the US Border Patrol has no plans to either arrest TX National Guard personnel or to attempt to remove razor wire from along the TX/US/Mexico border. As you’ll see, Fox asserts that the Border Patrol is “feuding” with the Zhou regime:
Border Patrol has 'no plans' to remove razor wire set up by Texas amid feud with Biden admin
The Border Patrol is unionized and it appears to be the union that is pushing back strongly. I can imagine that the union’s view is that its border patrol members didn’t sign on to go into battle against the TX National Guard—essentially, an army. Be that as it may, anonymous “high” CBP officials are seconding the union’s stand:
Border Patrol Says Agents Will NOT Remove Texas Razor Wire Barriers
Union says agents will not interfere with “lawful” operations to protect the border
In defiance of the Biden Administration’s wishes, senior figures within Customs and Border Protection have stated that there are no plans to have Border Patrol agents remove razor wire barriers erected along sections of the border by the Texas National Guard.
Fox News reports that a high ranking CBP official told the network that their relationship with the Guard is “strong”.
“While this issue plays out in the courts, the relationship between Border Patrol, Texas DPS [Department of Public Safety], & TMD [Texas Military Dept.] remains strong,” the official said, adding “Our focus is and will always be the mission of protecting this country and its people.”
“On the ground, we continue to work alongside these valuable partners in that endeavor,” the official continued, adding “Bottom line: Border Patrol has no plans to remove infrastructure (c-wire) placed by Texas along the border.”
“Our posture remains the same. If we need to access an area for emergency response, we will do so. When that happens, we will coordinate with Texas DPS & TMD,” the official further declared.
Notice that CBP says it’s waiting for the case to play out in court. Woops! Problem is, the case went to the highest court in the land, which overruled preliminary orders by the lower courts. TX just told the SCOTUS to pound sand. How will the District and Appellate courts—which sided with TX—deal with that? The lower courts are supposed to follow SCOTUS rulings—imagine the phone calls between the SCOTUS and the Fifth Circuit at this point! Meanwhile, the union and CBP management are trying to pretend that all this never happened—overall, a sensible position for them to take. But for the courts to pretend it never happened is a different matter. Sooner or later the courts will have to say something. But to say this is unprecedented is, perhaps, an understatement.
Below is the CBP Union’s statement. As you’ll see, they mostly try to thread a needle—CBP and TX NG and TMD all have lawful orders, we will wait for the courts, and all that jazz. The union doesn’t want to go out on a legal limb by advocating defiance of orders, but they are going to say and do what’s necessary to support the rank and file—they can’t afford to lose them. Obviously, we’re in a political war and CBP and the union are trying to avoid becoming cannon fodder in that war. But at the same time—toward the end—the union takes a significant shot at the Zhou regime, which amounts to taking sides in the political war—they place the blame for the “catastrophe” at the border squarely on the Zhou regime. In effect, that’s an expert opinion that the SCOTUS should take under consideration. Time for a rehearing, Roberts and Justice Amy?
CBP undoubtedly knows what side the rank and file is on, and they probably also know they could lose control over their agents if they try to push them. A legal stalemate is probably exactly what the rank and file want, to preserve the status quo as imposed by TX, and CBP management probably wants that, too. That stalemate could be preserved for the time being if the restraining order were put back in place. But the SCOTUS would fear defiance in all sorts of cases in the future—the familiar slippery slope argument. Only inside the Beltway are legal orders magically self enforcing. This may have been a bridge too far.
Border Patrol Union - NBPC @BPUnion
Rank-and file BP agents are not going to start arresting TX NG members for following their LAWFUL orders. That's fake news.
TX NG and rank-and-file BP agents work together and respect each other's jobs. Period. If TX NG members have LAWFUL orders, then they have to carry out those orders.
TX NG members realize that rank-and-file BP agents have their orders as well. Lawful orders, no matter how unpopular or distasteful amongst rank-and-file agents, must be followed. Unlawful orders (as determined by competent legal counsel and not what some outhouse lawyer behind a keyboard says) will not be followed.
Rank-and-file BP agents appreciate and respect what TX has been doing to defend their state in the midst of this catastrophe that the Biden Admin has unleashed on America.
We want to be perfectly clear, there is no fight between rank-and-file BP agents and the TX NG, Gov. Abott, or TX DPS. It may make flashy headlines, but it simply isn't true.
At last, some major pushback against the Deep State. Let's hope Texas stays strong and more and more States support them. The DS won't be defeated by elections, but by being starved of its power and isolated into oblivion.
Looking back at what I wrote I can see why several sharp commenters got the impression that I was saying that there had been a ruling on the merits of the case. There hasn't been--although the lower courts were signaling that they would side with TX while the SCOTUS, in my belief, was signaling the opposite. Those commenters were right to challenge the loose lingo. I think we all agree that the SCOTUS ruling opened up a constitutional can of worms that they would have done better to avoid.