Monday, November 28, 2011

Prosecution of border patrol agent; Obama bans guns from public lands; Eric Holder sues Utah: 92 Representatives support bill banning Congressional insider trading

World Net Daily reports: U.S. Rep. Duncan Hunter, R-Calif., who apparently unsuccessfully demanded answers from Attorney General Eric Holder about the prosecution of a Border Patrol agent, today was joined by dozens of his colleagues in going over Holder's head to address the questions to Barack Obama.
A copy of the letter, signed by Hunter and 36 other members of Congress, was obtained by Andy Ramirez, president of the Law Enforcement Officers Advocates Council, which is working on the case involving the prosecution of and two-year sentence for agent Jesus Diaz.
After twice being cleared by investigators of wrongdoing, he was prosecuted by the Obama administration and ultimately sentenced to two years for violating the constitutional rights of an illegal alien drug smuggler he caught hauling 75 pounds of marijuana into the U.S.

He was accused of pulling on the juvenile smuggler's arms after they had been handcuffed to make him comply with orders.
"We believe that prosecution of Border Patrol agents, including the case against Agent Diaz, sets a dangerous precedent for handling these issues in the future and could force agents to hesitate in the line of duty posing a risk to their own lives and the lives of others," said the letter to Obama.
The members of Congress want to know Obama's responses to several issues in the case, including:

  • "Agent Diaz was cleared of all wrongdoing in this matter by the U.S. Department of Homeland Security's Office of the Inspector General and the U.S. Customs and Immigration Enforcement's Office of Professional Wrongdoing. It was only a contradictory report from the U.S. Customs and Border Protection that provided the basis for the U.S. attorney's office's case."

  • "The prosecution of Agent Diaz was initiated at the request of the Mexican government."

  • "Despite being described by the U.S. Customs and Immigration Enforcement's Office of Professional Wrongdoing as a witness whose 'credibility is questionable at best,' the smuggler in question was given full immunity and a visa to testify against Agent Diaz."

  • "Testimony from the suspected group of smugglers, including the one in question, changed considerably from what was initially given the night of the arrest to what was attested to in court."
  • Separately, WND has obtained a letter sent by the U.S. attorney's office, dated Nov. 7, 2011, in the Western District of Texas to the Diaz family demanding payment of a nearly $7,000 fine within 30 days.
    The government letter specified that the government has placed a lien on all Diaz assets, including the family home held in the name of Diaz's wife, such that the Diaz family cannot sell any assets, including the family home, without the permission of the government.
    "This demand letter is another outrage," Ramirez said, "in that the judge at Diaz's sentencing told the family that the government would make no attempt to collect the fine until Diaz had served his prison term."
Paul Bedard, U.S. News
Gun owners who have historically been able to use public lands for target practice would be barred from potentially millions of acres under new rules drafted by the Interior Department, the first major move by the Obama administration to impose limits on firearms.
Officials say the administration is concerned about [...]
Read More and Comment: Obama Bans Gun Owners from Public Lands

Examiner reports: Attorney General Eric Holder and the Department of Justice today challenged Utah’s new immigration law, making it the fourth such lawsuit following legal actions against Arizona, Alabama and South Carolina.  
In a civil complaint filed in the District of Utah, Holder's department stated that several provisions of Utah’s H.B. 497 are preempted by federal law. The Utah immigration enforcement law was enacted on March, 15, 2011
Continue reading on Breaking: Attorney General Holder challenges Utah's new immigration law - National Law Enforcement |
The Hill reports: Politically vulnerable lawmakers are lining up as co-sponsors of legislation that would ban congressional insider trading.
A “60 minutes” report earlier this month indicated that members of Congress have been trading stocks based on knowledge gained from their positions, a practice that does not violate the law.
Before the report, a House bill that would outlaw the practice only had nine co-sponsors. In the week following the “60 Minutes” segment, that number jumped to 92. Of the 83 additions, 19 are facing competitive reelection races as defined by the Cook Political Report.

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