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Court-sealed Diaz case documents posted online - Activists say 'facts filtered' by judge
WND ^ | November 23, 2011 | Bob Unruh

Posted on 11/25/2011 9:40:47 AM PST by opentalk

An advocacy organization for U.S. Border Patrol agents has posted online a series of files containing the discovery documentation in the case against Agent Jesus Diaz, who is serving a 24-month prison term for his encounter with a teenage drug smuggler.

The posting by the Law Enforcement Officers Advocates Council came even though a federal judge had issued an order forbidding the disclosure of the documents by defense counsel.

The order from U.S. District Judge Alia Moses came on the heels of a WND report based on some of the targeted documents revealing that the unidentified teenage drug smuggler had compromised his credibility by lying on the scene about any knowledge of marijuana.

... The document cited by WND explained that the Department of Homeland Security's Office of Professional Responsibility concluded that its part in the case was closed "and that the narco-trafficker 'MBE' was deemed not a credible witness. It also stated that they were recommending the case to CBP Internal Affairs solely for administrative action."

...Among the documents revealed in the file is the complaint from the Mexican consul, which claimed that the suspect caught hauling 75 pounds of drugs into the U.S. "was arrested with excessive force" and that "minor complained about the incident once he arrived to the South Station."

However, the U.S. government's report said the drug trafficking suspect, who was given immunity by the federal government, "did not complain that he was injured, hurt, or in pain when the official twisted his arms and applied the 'heavy pressure.'"

(Excerpt) Read more at wnd.com ...


TOPICS: Foreign Affairs; Government; Mexico
KEYWORDS: alittleblowsaid0bama; banglist; borderpatrol; borderwars; cokehead1; diaz; doj; drugcartels; holder; jesusdiaz; maybealittleblow; mexicanconnection; mexico; obama; reelectajunkie; themexicanconnection
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To: MestaMachine

We are suffering under a rogue government.

Some suffering much more, like Agent Diaz.

Thank you for your service of informing us about these injustices and crimes.


21 posted on 11/25/2011 10:50:29 AM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: little jeremiah

Thank you for the compliment, but I can’t take credit for the info. Others provide the info. I just point it out. And for that, you are very welcome.


22 posted on 11/25/2011 10:55:57 AM PST by MestaMachine (obama kills)
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To: marty60
From your link,

Obama’s Justice Department ruled that the Agent “violated the” illegal alien drug smugglers “Constitutional rights” to be free from unreasonable force. The Mexican government complained and U.S. District Judge Alia Moses sent the Border Patrol Agent to prison for it.

23 posted on 11/25/2011 11:03:15 AM PST by opentalk
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To: MestaMachine

From Press Release in post 16:

“Again, we reviewed all of the discovery (and later the trial transcripts), which were provided to our organization over 8 months prior to this highly questionable request by U.S. Attorney Robert Pittman who was nominated by President Obama and confirmed in October 2011.”
~~~~~~~~~~~~~~~~

The Western District of Texas covers 68 counties and includes Austin, San Antonio and El Paso. The position has been vacant since mid-April 2009 when Johnny Sutton, a George W. Bush appointee, stepped down to enter private practice.

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2011/06/28/report_austins_judge_robert_pi.html
~~~~~~~~~~~~

Johnny Sutton said it was soon after he began the job in 2001 that he realized the clout that accompanies being picked by the president and confirmed by the Senate to be a United States attorney.

The power of the position was evident, he said, in the ability to “make things happen” — with phone calls to federal law enforcement agents, for example.

“That call would hit like a nuclear bomb,” said Sutton, who was appointed by President George W. Bush.

(SNIP)

But others disagree that Pitman will have the leeway to break with the administration, noting that the traditional role of the U.S. attorney is to carry out the will of the president and the attorney general.

http://www.statesman.com/news/local/austinite-might-fill-power-vacuum-as-u-s-1584170.html


24 posted on 11/25/2011 11:05:48 AM PST by thouworm (.)
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To: afnamvet; MestaMachine; SunkenCiv
Free Jesus Diaz and expunge all traces of this bogus criminal record from his files.

Impeach, remove, criminally try, and imprison zer0 and all his henchmen, many of whom may be liable to be hanged for treason and sedition.
25 posted on 11/25/2011 11:17:55 AM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: TheOldLady

AND murder.
And International Terrorism.


26 posted on 11/25/2011 11:27:05 AM PST by MestaMachine (obama kills)
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To: opentalk

This is why Rick Perry is no better than Bush. He has said or done nothing about the persecution of Border Patrol Agents.


27 posted on 11/25/2011 11:49:09 AM PST by stinkerpot65 (Global warming is a Marxist lie.)
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To: opentalk

My question. where do they find these juries? IT ONLY TAKES ONE TO HANG A JURY!!! In a criminal case it takes a UNANIMOUS decision to convict or aquit. Hang the danged jury and make these tyrants decide if it is worth going back to trial.


28 posted on 11/25/2011 12:13:03 PM PST by snowtigger (.)
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To: MestaMachine

Four strikes! They’re OUT!


29 posted on 11/25/2011 12:16:16 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: MestaMachine

You do too deserve thanks! It takes time and effort to maintain a ping list. And you have to read, and know what’s going on, and so on. Being a messenger is not an easy job, and I and many others are grateful.


30 posted on 11/25/2011 1:00:00 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: opentalk
The country is going broke and THIS is what the Obama administration is spending resources on? Even if the allegations against Diaz were true, after reading the discovery documents, it seems like pretty penny-ante stuff to me. Kids who had strap marks embeded in their arms from carrying bales of marijuana complain that a fed tripped them, and raised their arms while handcuffed. Boo - f'in - hoo.

I personally don't want agents to treat illegals violating our borders and carrying in illegal drugs like they are arriving at the Hilton! If they beat the crap out of someone, that would be a different story. But this is "Hey Jesus, you might have been a little rough; watch it" sort of stuff, not a friggin criminal case.

In any case - what happened to the right to confront your accuser? Is that another right that is "optional" under Obama?

31 posted on 11/25/2011 1:32:37 PM PST by In Maryland ("If stupidity got us into this mess, why can't it get us out?" - Mark Twain)
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To: blackdog

Blackdog, you’ve got it mostly right.

Our politicians are, and have for decades, been involved in the illicit drug trade.

Chicago is the major distribution point for illicit drugs in the Midwest with the Daley family and the Mob getting most of the money.

Arizona and Texas play active roles in NOT indterdicting drug smuggling; the smuggling of cocaine in IranContra was just a hint of what was going on 30 years ago.

The Cartels paying people off on a broader base indicates that the small fry are now getting a part of the action.

It is long past time to clean-ou the government’s house, don’t you agree?


32 posted on 11/25/2011 4:08:34 PM PST by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: TheOldLady

Thanks TheOldLady, well put.


33 posted on 11/26/2011 8:05:11 AM PST by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: TheOldLady; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Thanks (again) TheOldLady, this time with the list. [blush]


34 posted on 11/26/2011 8:06:34 AM PST by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: SatinDoll
Imagine vacationing in Scottsdale Arizona. Imagine you, an American citizen gets caught smoking weed in the hotel parking lot and you're found with a half ounce of weed.

You are facing eight years!

Now imagine an illegal immigrant is driving a pickup with 75 pounds of weed thru Scottsdale Arizona, on his way to Chicago. Imagine he gets a flat and a cop stops at the scene to assist and discovers he is transporting 75 pounds of weed. Now it's the cop who's facing prison for applying the law.

Can my dog be a federal judge? He's more honest, fairer, smarter, and demands far less in pay.

35 posted on 11/26/2011 8:33:50 AM PST by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: SunkenCiv
You're welcome!   ;-)

You're welcome!   ;-)
36 posted on 11/26/2011 8:53:54 AM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: thouworm

You can not believe anything that this islamic communist puppet or his communist regime say or do.

They are COMMUNISTS. UN-AMERICANS. ANTI-AMERICAN. ANTI-WE THE PEOPLE.


37 posted on 11/26/2011 12:41:58 PM PST by lephantom
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