Border Patrol vs. U.S. Government

Where has the year gone?

Here we are at Thanksgiving already. There have been many changes throughout the year but unfortunately; some things haven’t changed at all. Word has come down that the debt “Super Committee” has failed to strike a deal to cut $1.2 trillion in budget savings over 10 years. The seven-member committee made up of Senators from both sides of the House said they were fundamentally divided over the ideology of taxation and spending. Ya think? God forbid our elected officials do what we send them to Washington D.C. to do, which is to represent we the people. ARRGH! More on this in another newsletter. Since we all have Thanksgiving plans, this newsletter will be brief.

I want to shed some light on a news story I’ve been somewhat following for a little bit now.

U.S. Border Patrol Agent Jesus Diaz Jr. was recently sentenced to 2 years in prison for improperly lifting the arms of a suspected 15year old drug smuggler while handcuffed. The U.S Justice Dept. called this a deprivation of the teenager’s constitutional right to be free from the use of unreasonable force. Now, just to jar your memory a little; this was the case back in 2008 near the Rio Grande River in Eagle Pass, Texas; when Diaz and other agents had responded to a report that illegal immigrants had crossed the river with bundles of drugs. This 15year old boy was one of these drug smugglers who were caught. The Mexican Consulate had filed a written complaint just hours after the arrest, claiming the boy had been beaten. Photos of the boy show there were neither bruising to his lower arms or wrists where the handcuffs were placed nor any bruising resulting from an alleged knee to the back. The only bruising on his body where those from the straps of the pack he carried containing the drugs. Diaz’s defense claims the 15yyear old boy was handcuffed because he was uncooperative and resisted the agents. I don’t know why the need to explain why agents handcuffed an illegal immigrant much less one that was caught smuggling drugs into the country. The boy was given immunity for his testimony.

The allegations against Diaz, 31, initially were investigated by Homeland Security’s Office of Inspector General and U.S. Immigration and Customs Enforcement’s (ICE) office of professional responsibility, which cleared the agent of any wrongdoing. But the internal affairs division at U.S. Customs and Border Protection ruled differently nearly a year later and, ultimately, the U.S. Attorney Office for the western district of Texas brought charges. Meanwhile, the Law Enforcement Officers Advocates Council, which seek to educate the public concerning the duties, responsibilities and effectiveness of federal law enforcement officers and operations in national security, said government’s cases was “based on false testimony that is contradicted by the facts.”

The council said other witnesses made contradictory claims and some later admitted to having perjured themselves. Such admissions, the council said were ignored by the court and the government. It also said that probationary agents who claimed to have witnessed the assault raised no objections during alleged incident and failed to notify an on-duty supervisor until hours later. “Instead they went off-duty to a local ‘whataburger’ restaurant, got their stories straight and reported it hours later to an off-duty supervisor at his home, ” the council said. “Then the ‘witnesses’ went back to the station and reported their allegations.” The council also offered an explanation for the suspected smuggler’s admission in court that he suffered no injuries other than sore shoulders. “That was due to the weight of the drug load, approximately 75 pounds he carried across the border.”

Here is the kicker, folks. 2wks ago the family of Jesus Diaz Jr. received a notice by the Justice Dept. demanding payment of the fine of $6,870 imposed by the court that found agent Diaz guilty. “We strongly urge you to pay this debt immediately” said the notice; which was received by Diana Diaz, his wife and also a Border Patrol agent. I would think their service to this country would satisfy this debt.

Rep. Duncan Hunter (R) CA. sent a letter to Attorney General Eric Holder asking that the fine be cancelled. Rep. Hunter also questioned why the Justice Dept. pursued the case against agent Diaz even after two internal reviews cleared him of wrongdoing. I know this must be hard to believe but guess what? No comment from Eric Holder. There it is people, another episode of “Our Tax Dollars at Work!”

Folks, from Mike and myself, have a happy and safe Thanksgiving. Take time to remember what we should all be thankful for. Join us on our website, thepeopleofliberty.com for valuable news and information.

Until next time,

Rodney