Mark Souder: “the problem with this standard and, of course, somebody can take it to court if they do not think they filed in good…”

“the problem with this standard and, of course, somebody can take it to court if they do not think they filed in good faith, but the fact is that the burden of proof at the time of the actual what is going on at the border, the officer has to make a decision in his mind, not in an outside mind, as to whether it was in good faith. They did at Port Angeles which helped save people in Los Angeles. They made a good-faith effort in what they thought was a good-faith effort. But it intimidates a lot of officers who know if they may think it is a good-faith effort, but somebody outside does not, depending on what that group is and how, it is an inhibiting factor. They can be sued or you can have a process if you feel it is not good faith in that officer's eyes and he would have to defend that position. It is a question of where the burden is, and you are implying that the customs officers on the border are not capable or we will have rogue officers. If they are rogue officers, they can be pursued. The question is what does the regular officer do and how is it intimidating in our border safety?”