[TimorousBestie]

The speculation I referred to above is the argument “the law says X; therefore, no X is occurring.” For example, “the law says a border agent must be proximate to the border; therefore, no searches not proximate to the border happen.” That’s obviously false. As you say, we’ve seen the evidence.

The reasoning fails precisely because several government agencies are now operating as scofflaws. If the armchair lawyers above want to repair their arguments, they also need to show that the law is still being upheld in practice, even by these scofflaw agencies. (They can’t do that, because it isn’t.)