Veteran Border Patrol Officer Jesus Diaz faces a sentence of 10 to 35 years in federal prison for doing his job—nabbing drug smugglers sneaking across the Mexican border.
Prosecuting the U.S. Border Patrol for doing its job is not new. Obama continues the Bush policy—talking about border security but keeping the border open, and prosecuting Border Patrol agents who get too aggressive enforcing the law.
During the Bush years, the Mexican government pressured for the prosecution of BP agents Ignacio Ramos and Jose Compean in an incident similar to the one that threatens not only the freedom of Jesus Diaz but the rule of law.
Chasing down a drug smuggler with 800 hundred of pounds of marijuana in his van near El Paso, Tex., in February 2006, Ramos and Compean succeeded in cornering the van near the border.
The panicked smuggler fled the van on foot, fought with an agent blocking his run back over the border, and ignored orders to stop. The smuggler pointed a gun at the pursuing agents, they opened fire, the smuggler got away back to Mexico.
Later the Mexican government presented evidence that the smuggler, Osvaldo Aldrete-Davila, had been shot in the butt and demanded that the Bush administration prosecute the officers for violating Aldrete-Davila’s civil rights.
U.S. Attorney Johnny Sutton gave the “victim” a visa, which Aldrete-Davila used to smuggle at least one other load of drugs while he waited to testify about the brutality of the agents. Sutton kept that fact from the juries in separate trials, which convicted the agents. Ramos and Compean were sentenced to serve in prisons full of illegal alien drug smugglers.
In 2008, Border Patrol agents, including Jesus Diaz, responded to a report of illegals crossing the border near Eagle Pass, Tex., wearing backpacks. The drug “mules” were intercepted at 1:30 a.m. and scattered into the night.
Diaz caught one of the smugglers and handcuffed him. The illegal refused to answer any questions as agents were trying to round up the other illegals. To gain physical control over the uncooperative smuggler, Diaz “lifted the handcuffs,” forcing the illegal to the ground.
Photos taken right after the arrest show no bruises or injuries to the “victim” in the encounter, although his shoulders still showed the marks of the straps of the heavy backpack.
The Mexican government filed a complaint over the incident on Oct. 16, alleging that Diaz had beaten the smuggler. A year later, Sutton’s office charged Diaz with excessive force (under color of law) and lying to Internal Affairs.
A trial in September 2010 resulted in a mistrial. The case was retried in February 2011. Witnesses changed their stories. Some admitted they had lied to a grand jury. As in the Ramos and Compean cases, the judge filtered what the jury heard. Diaz was convicted. The “victim” got a visa and is free to enter the U.S. any time. Diaz will be sentenced this September and faces 10 to 35 years in federal prison.
Jesus Diaz is married to Diana Diaz. They have four children. Jesus has never seen his youngest child, now 6 months old. Diana told me in an interview this week that Jesus is in solitary confinement and she is allowed to see him for 20 minutes twice a week.
Diana Diaz is herself a Border Patrol agent. She described the handcuff “lifting” as a method of control for uncooperative suspects that is commonly used.
She confirmed that the prosecution of Ramos and Compean and now Jesus Diaz had caused agents “to think twice” about apprehending illegals and to fear that common law enforcement methods would land them in jail instead of the illegals.
The federal General Accountability Office has recently documented that the feds control only 129 miles of the 1,954 mile U.S. border with Mexico. The smugglers control the rest of it. The Mexican drug cartels control the smugglers.
The result is a full-on invasion of the United States. According to the FBI, the drug cartels operate in nearly every American city, bringing their home invasions, kidnappings, assassinations, and beheadings with them.
Recently, mass graves of victims of cartel violence have been found in Mexico. One of the mass graves containing dozens of bodies was discovered just a few miles south of the border at San Diego. How long before a mass grave is discovered in the U.S.?
The cartels have established marijuana plantations in U.S. National Forests and Parks across the country, intimidating park rangers who try to interfere. A cooking fire in one such plantation in California started a major forest fire a few years ago near Los Angeles. Environmentalist organizations have been silent.
George Bush wanted an open border and pushed for illegal alien amnesty to please Republicans’ Big Business constituencies. Employers love the cheap labor and love letting the taxpayer pick up the social costs.
Barack Obama wants an open border and is pushing for illegal alien amnesty to get reelected. To Obama, these folks are undocumented Democratic voters. As Harry Reid proved in his reelection, the combination of union thuggery and illegal alien votes can overcome negative polls and produce a victory. The Reid lesson was not lost on Obama.
This bipartisan consensus to keep the border open is threatening our national security. Thousands of “OTM” (Other Than Mexican) apprehensions, including nationals from every terrorist nation, testify to our vulnerability. Many thousands more cross the border undetected and undeterred.
We the People must demand freedom for Jesus Diaz, a secure border, orderly immigration, and an end to the feds suing states and prosecuting law enforcement officers for enforcing the law.