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37 GOP House members take on Holder's
prosecution of Border Patrol agents, and for
the Administration deliberately making Border
Patrol jobs needlessly dangerous.
Thirty-seven House Republicans led by Representative Duncan Hunter [R-CA] are taking on the Obama Administration, the Justice Department, and the US Attorneys who punitively prosecuted US Border Patrol agent Jesus E. Diaz, Jr. for roughly jerking a handcuffed illegal alien drug smuggler to his feet during his Oct. 16, 2008 arrest. In a letter to Barack Hussein Obama criticizing Attorney General Eric Holder and the Justice Department for its "unfair and excessively disproportionate" prosecution of Diaz, Hunter said the practice sets a "dangerous precedent" that will place other Border Patrol agents—and the general public in border States—at risk. Hunter said that "...Border Patrol agents must be able to appropriately and effectively protect our nation's border without the threat of federal prosecution hanging over their heads. We certainly do not condone the use of excessive or unreasonable force. However, the facts in this case do not indicate the drug smuggler was harmed during the arrest, or that excessive force was used.

"The prosecution of Agent Diaz by the US Attorney's Office for the Western District of Texas which is responsible for putting other agents behind bars, is a disservice to the men and women of the Border Patrol, and the mission they undertake." Hunter was referring to US Border Patrol agents Jose Alonso Compean, then 28, and then 37-year old Ignacio Ramos, who were trying to apprehend Mexican drug smuggler Osvaldo Aldrete-Davila on Feb. 17, 2005. Davila was bringing 743 lb. of marijuana into the United States through Fabens, Texas, some 40 miles southeast of El Paso.

Realizing he was not going to be able to save himself and the contraband since he would not be able to outrun the Border Patrol vehicles that were cutting off his escape route back to the border, Davila abandoned his vehicle and ran for the Rio Grande, turning briefly to fire at Compean who was now in foot pursuit. In his written statement for the Border Patrol, Ramos testified that "..at some point during [the chase]...I heard shots being fired. Later I see Compean on the ground, but I keep running after the smuggler." Davila had a nickel-plated handgun. Believing his life was in danger, Ramos testified that he discharged his weapon at the fleeing man. "I shot," Ramos said, "but I didn't think he was hit because he kept running into the brush and disappeared. Later we all watched as he jumped into a van [on the other side of the border] waiting for him. He seemed fine. It didn't look like he had been hit at all."

Davila claimed he was shot, between the legs, by the agents while evading capture. Yet, there appears not to have been a blood trail leading to the river which suggests Davila was shot on the other side of the Rio Grande—probably by the druglord whose marijuana was left behind in Texas by Davila—a lesson to other drug runners who think their life is more valuable to the druglord than his contraband.

US Attorney Johnny Sutton, a personal friend of then President George W. Bush, was in charge of the prosecution. Sutton gave Davila immunity from the heavy felony charge he faced for bringing 743 lb. of marijuana into the country. In fact, the Justice Department not only allowed him to come back to the United States for corrective surgery to repair the damage done by a bullet to the groin (which I believe was done not by Compean or Ramos but by the druglord), but pay for the operation as well. In the end, Davila agreed to testify against Ramos and Compean. It's a drug smuggler's best wet dream—getting to put the cops who took your drugs and caused you to get shot, in prison.

Fifty-six days after the Davila incident, Edwards County, Texas Deputy Sheriff Guillermo "Gilmer" Hernandez had a run-in with a Chevy Suburban on April 14, 2005 that was speeding through Rocksprings, Texas. The driver was a coyote (illegal alien smuggler) carrying 8 illegals. As Hernandez approached the vehicle he had just stopped, the coyote revved the engine, spun the Suburban around and tried to run him down. Hernandez pulled his weapon and fired five shots at the Suburban. A bullet fragment or a piece of shrapnel hit one of the illegals, cutting her lip.

Because the video-tape in Hernandez's cruiser had run out and did not record the incident, Sutton ordered the arrest of Hernandez for "concealing evidence of a crime," and for violating the constitutional rights of an illegal. Hernandez was sentenced to 12-months. Like Hernandez, Jesus Diaz was sent to prison for violating the constitutional rights of an illegal alien drug smuggler. Since when do illegal aliens, stealing into the country in the dead of night to commit a felony, have constitutional rights? As criminals in this country illegally, they are afforded protection under the UN Declaration on Human Rights, but not the Constitution of the United States (which was created to protect the citizens of the United States, not citizens of other countries since, if an American citizen is arrested in, say, Mexico, they are protected only by the UN Declaration on Human Rights, or what "rights" the Mexican government grants them. Which, generally, are no rights at all.

The US Justice Department and the White House, which sees absolutely nothing wrong with abrogating the rights and liberty of US citizens, will quickly provide illegal aliens—or even enemy aliens who are usually apprehended trying to destroy this nation—with the civil rights they don't mind denying the rest of us who, by birth, are guaranteed them.

In the case of Jesus Diaz and the juvenile drug smuggler, the prosecution of Diaz was requested by the Mexican government which insisted that the "open borders" agreement found in the North American Free Trade Agreement [NAFTA] requires relatively unrestricted movement of people, goods and services between the United States, Canada and Mexico. There is smooth, almost flawless, cooperation between the governments of the United States and Canada. But virtually none exists between the United States and Mexico since managing the free flow of legal goods and legal people between the two nations is virtually impossible because of the free flow of illegal drugs, and the trafficking in illegal people along the entire length of the US-Mexican border. Mexicans—and the Mexican government—arbitrarily decided that NAFTA gives them the right, without a passport or visa, to enter the United States whenever and from wherever they want, and do whatever they desire while they are here. Attempts by a US Border Patrol agent to stop them, Mexico insists, is illegal. Which is why Mexican President Felipe Calderon personally pressed for the prosecution of Jesus Diaz.

In the case of the 15-year old illegal alien drug smuggler, Diaz's attorney argued that the 15-year old had absolutely no injuries or bruises on his arms that would suggest he had been manhandled by Diaz. The only marks on the smuggler were from the straps on his backpack, which contained the 150 lb. of marijuana he was transporting to drug dealers in the United States.

What is interesting is that before Diaz was charged by the Holder Justice Department, he had been cleared of any wrongdoing by the Inspector General of the Department of Homeland Security and the Office of Professional Responsibility for ICE [Immigration & Customs Enforcement]. Holder's Justice Department used a "contradictory report" from the Internal Affairs division of the US Customs & Border Protection as the basis of charging Diaz with a crime—a year after he was cleared of any wrongdoing. On Oct. 16, 2008 when the 15-year old smuggler was arrested for bringing 150 lb. of marijuana into the country, Mexican consulate officials interviewed the 15-year old and demanded that the border patrol agent be prosecuted because he failed to notify the Mexican Consulate of the boy's arrest.

Duncan Hunter's letter to Obama and Holder rightly questioned the credibility of the Justice Dept. granting immunity from prosecution to a confessed drug smuggler (who also admitted entering the United States illegally for the purpose of committing a crime). Particularly since the person being tried for the crime was innocent of any impropriety—the arresting officer who, as the physical evidence showed, neither bruised nor abused the subject he placed under arrest.

Why are we so quick to prosecute the men who protect our Southern border? Two reasons. First, the globalists among us want to make sure that Border Patrol agents think twice before stopping, accosting and arresting those who violate our sovereignty. Second, the social progressives who favor a Marxist world, and the princes of industry and the barons of banking and business who desire a seamless global economy controlled exclusively by them, need the Western Hemisphere version of European globalism. That can only happen when there is unrestricted movement of people, goods and services between what will then be the invisible borders separating Mexico, the United States and Canada; and a merged population that is too frightened of an increasingly totalitarian government to resist.

Europe was there a couple of years ago. Today, largely because of wall-to-wall radical Islamists throughout the European Union, Europeans of every stripe are ready to revolt. If they had guns, they probably would have done so already.

Which, of course, is why virtually all of the governments of the UN nations (excluding the United States, Switzerland and the terrorist States in the Mideast and around the world) have disarmed their populations. It's pretty hard to face down tanks and heavily armed soldiers when your best weapon is a three-prong manure fork, a garden hoe or a single shot shotgun. Just ask the Europeans who witnessed the disarming of Europe twice. The first time was just prior to WWII when Benito Mussolini disarmed the Italy people, Josef Stalin disarmed the Russian peasants, and Adolph Hitler disarmed the German people. Never forget this adage: those who forget history or doomed to repeat it. Well, forwhatever it's worth, once again, you have my two cents worth on this subject. Until next time...





Just Say No
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