37 Republican Congressmen Object to Border Agent Jail Time for Pulling on Drug Dealer Handcuffs
by David Bellow on November 21, 2011 at 4:25 PM
This really just sickens me. How can we secure our border from violent drug cartels when the drug dealers have more rights than the officers. This drug dealer got a free pass and a border patrol agent got 2 years in Prison because he pulled down on the cuffs of this drug dealer. Crime will continue to win when law enforcement officers are afraid to do their jobs and when criminals have more rights than regular citizens.
Below is a great article from The Washington Times about 37 Republican Congressmen who signed a letter denouncing the prosecution and prison time of Agent Diaz and also about Fast and Furious:
Thirty-seven Republican House members are challenging the two-year prison sentence being served by a U.S. Border Patrol agent for his conduct in the arrest of a drug-smuggling suspect, while a dozen other lawmakers are pressing Attorney General Eric H. Holder Jr. to explain his role in the botched “Fast and Furious” weapons investigation.
In a letter Thursday to President Obama, the 37 members — led by Rep. Duncan Hunter of California — described the prosecution of agent Jesus E. Diaz Jr. as “unfair and excessively disproportionate” and suggested it set a “dangerous precedent” that could place other agents and the public at risk.
“Border Patrol agents must be able to appropriately and effectively protect our nation´s border without the threat of federal prosecution hanging over their head,” the letter said. “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 U.S. Attorney´s Office for the Western District of Texas, also responsible for putting other agents behind bars, is a disservice to the men and women of the Border Patrol and the mission they undertake,” it stated.
Diaz was sentenced last month to two years for violating the constitutional rights of a 15-year-old suspected drug smuggler. He was accused of lifting the teenager’s handcuffed hands above his head while placing his knee in his back. The prosecution was sought by the Mexican government.
During trial, defense attorneys argued there were no injuries or bruises on the teenager’s arms where the handcuffs had been placed nor any bruising resulting from a knee on his back. Evidence presented at trial showed only marks from the straps of his backpack, which authorities said contained the drugs.
Border Patrol agents found more than 150 pounds of marijuana at the arrest site.
In the letter, the lawmakers noted that Diaz had been cleared of any wrongdoing by the Department of Homeland Security’s Office of Inspector General and by the Immigration and Customs Enforcement´s Office of Professional Responsibility. It said “only a contradictory report” from the Internal Affairs Division at U.S. Customs and Border Protection provided the basis for prosecution, noting that that report came a year after the agent had been cleared.