In his interview today with ABC News, he rejected the argument that there are differences of any consequence between what's in his books and his infomercials promoting them. He is being prosecuted, he says, not for any differences, but for the content itself—something protected absolutely under the First Amendment: "The government should not have the right to challenge what's in the book or to agree or disagree with content."
The 7th Circuit's decision leaves him unbowed. He says he will ask for his appeal to be heard next "en banc" by the court, meaning by all its judges at once. "If I don't get an appropriate outcome, then absolutely I'm taking it to the Supreme Court." A final legal resolution, he thinks, may not come for years.
Meantime he is writing another book—"How to Fix America"—that will address "the arrogance of the judicial system" and the "overburdening regulatory environment," as exemplified by the FTC's campaign against him.
He also is "strongly considering," he says, a run for Congress. From what state? "I haven't decided. I'm a perpetual traveler."