DOCUMENTARY FILM “TOP PRIORITY: THE TERROR WITHIN”

“Top Priority: The Terror Within” is a documentary film by Fleur De Lis Film Studios. It’s an incredible true story of Julia Davis, a national security whistleblower who was subjected to retaliation of unprecedented proportions by the Department of Homeland Security. In spite of being extensively litigated and mentioned in a book, “Unsafe At Any Altitude”, these sensational events were suppressed from being covered by the media – until now. The truth is no longer a secret.

LEGAL RULINGS

Atrocities perpetrated against Julia Davis and her witnesses by the Department of Homeland Security and other branches of the government were thoroughly documented in courts of law.

  • In a court order, EEOC Judge Daniel Leach ruled that Julia’s resignation was “involuntary” and was caused by the Department of Homeland Security’s “illegal conduct“, “unnecessary harassment” and “impermissible discrimination” against her. Court order by Judge Leach went on to state, “I find that based on the record in the case, complainant has established not only that the Agency engaged in illegal conduct, but also that the conduct was intolerable to a reasonable person because it was especially humiliating and included unnecessary harassment. Secondly, I find that complainant’s resignation was caused by, or in response to, the illegal treatment”.
  • California Superior Court Judge Bryan F. Foster declared Julia Davis and her husband BJ Davis factually innocent of the false charges concocted against them by the Department of Homeland Security. Judge Foster further ordered the government to return all property taken during two warrantless searches of the Davis’ residence and of their office.
  • Central Federal District Court of California, Federal Judge Stephen G. Larson stated on the record that he is amazed at what the government is not denying in the case of Julia Davis.
  • CA Superior Court Judge Margaret Woods issued a restraining order to protect Julia Davis against unlawful harassment and stalking by DHS personnel.
  • Former Department of Homeland Security, Acting Inspector General Elizabeth Redman ordered an investigation that affirmed allegations in the Julia Davis report to the OIG. The DHS hid the report until ordered to release it in a legal proceeding. To date, no one was disciplined, in spite of court orders that the perpetrators be held accountable.
  • Perhaps the most damning commentary was issued in the court order by federal Judge Virginia Phillips, who ruled as follows on January 28, 2010: “On August 10, 2005, ten DHS Internal Affairs Agents, a United States Marshal, seventeen SRT members, eight unmarked cars and a Blackhawk helicopter arrived at the Davises’ residence to execute warrants for the Davises’ arrests…Plaintiffs [BJ and Julia Davis] have produced significant evidence about the August 2005 raid and search of their residence… This evidence is sufficient to create a factual question as to whether federal agents committed an abuse of process when they conducted that search pursuant to the arrest warrant… In light of the substantial evidence presented by Plaintiffs as to the magnitude of the search, and the Government’s failure to identify undisputed facts in support of a contrary finding, the Court holds that a reasonable fact finder could find the extreme nature of the search and raid of the Davises’ Yucca Valley home was “not proper in the regular conduct of the proceedings.” Throughout their opposition, Plaintiffs have identified evidence that suggests the degree of force used in the search was severe, particularly in light of the nonviolent nature of the charges against the Davises. The reports of the Agents involved suggest no attempt to arrest the Davises in a more peaceable manner was ever even considered. According to Julia Davis’s parents, in the course of the search, Agent Deal told them that Mrs. Davis was a “Domestic Terrorist.” At some point on the day of the raid, someone scrawled the word “Boo!” and crossed out the date on Julia Davis’s calendar, located in her home… As discussed above, several witnesses have testified that documents and other items were seized from the home, though no receipt was given. The search of the home continued long after it was determined the persons named in the arrest warrant were not present. Together, this evidence creates a question of material fact as to whether the manner in which the arrest warrants were executed was proper. There is also sufficient evidence for a reasonable fact finder to conclude the OPR Agents had an ulterior, improper motive: retaliation for Julia Davis’s successful EEOC complaint. In addition to the unusual degree of force used in executing the arrests, the arrest warrants were executed two months after the EEOC ALJ issued his initial decision in Julia Davis’s case, which was in her favor and highly critical of CBP, ICE, and their internal investigators. Agents Deal, Kaufer, and Wong had all been involved in Julia Davis’s EEOC and MSPB proceedings. One week after the search, CBP moved to hold the ALJ’s decision in abeyance based on the federal criminal charges. The sum total of these facts is sufficient to allow a fact finder to infer a retaliatory or malicious motive in the execution of the search… Plaintiffs have therefore produced sufficient evidence to allow a reasonable fact finder to conclude the August 2005 search was an abuse of process.”
  • Attorney Michael Proctor – listing of representative cases: ”In a fraud and immigration case, Mr. Proctor and Andy Esbenshade obtained a dismissal of all criminal charges for their client in Federal court. The case was investigated by Department of Homeland Security agents who, Mr. Proctor and Mr. Esbenshade alleged, had a vendetta against the client. Mr. Proctor and Mr. Esbenshade served the United States Attorney’s Office with a copy of a 53-page motion to dismiss for outrageous government conduct, which accused the agents (with the assistance of the United States Attorney’s Office) of improperly and vindictively targeting our client. After reviewing and investigating our motion, the US Attorney’s Office agreed to “voluntarily” dismiss the case.”

After years of litigation and a recent settlement, it’s time for this outrageous case to receive the proper trial it deserves in the highest court of all – the court of public opinion. “Top Priority: The Terror Within” strives to ensure that such unconstitutional acts aren’t perpetrated against anyone else.