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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

1 posted on 11/25/2011 9:40:54 AM PST by opentalk
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To: opentalk
from related article, wnd:

Perversion of justice

Border Patrol Agent Jesus Diaz did not have a great Thanksgiving.

He spent it in solitary confinement as a virtual political prisoner of Barack Obama's Department of Injustice.

What did he do?

He made what should have been a routine arrest of a Mexican teenage drug smuggler hauling 75 pounds of marijuana into the U.S. The arrest was reviewed by Homeland Security and determined to be righteous and lawful. But then the Mexican government got involved, calling on Obama's Injustice Department to review it.

At that point, the illegal alien drug perp was given immunity to testify against Diaz. Lo and behold, he claimed he was roughed up by Diaz. Though there were no corroborating witnesses and no marks indicating any kind of brutality, the perp was given a visa to allow him continued access to the U.S., and Diaz was sentenced to two years in prison and a stiff fine.

2 posted on 11/25/2011 9:46:53 AM PST by opentalk
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To: afnamvet; TheOldLady; BuckeyeTexan; Glenn; Cheerio; fuzzthatwuz; Cap Huff; aragorn; HOYA97; ...
Jesus Diaz

FREE AGENT DIAZ


3 posted on 11/25/2011 10:06:26 AM PST by MestaMachine (obama kills)
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To: MestaMachine; opentalk

BW Diaz ping

(also, see link in post 2 “Perversion of Justice”
THREAD for the article:

http://www.freerepublic.com/focus/f-news/2812268/posts


4 posted on 11/25/2011 10:06:59 AM PST by thouworm (.)
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To: thouworm

GMTA! LOL


5 posted on 11/25/2011 10:09:00 AM PST by MestaMachine (obama kills)
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To: opentalk
The drug cartels have infiltrated the justice department. The cartels needed a clear message sent, to telegraph what may happen if child drug mules get interfered with.

The same cartels who lobbied DOJ officials for bigger and better weapons thru Fast & Furious. A true case of political judo. That being using an opponents own policies and programs to obtain what would otherwise be impossible on your own.

Cartel money is coming in at very high levels of government.

6 posted on 11/25/2011 10:09:03 AM PST by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: MestaMachine

LOL; I wanted to be the one to post LOL first! lol!


7 posted on 11/25/2011 10:10:02 AM PST by thouworm (.)
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To: opentalk

What a crock.

That Judge has no business sitting in an American Court of Justice.

Nor has whoever was the Attorney general.

Mexico doesn’t have enopugh problems in their own country, now they come here and screw up our law enforcement process.
And the dipstick in the White house allows it.


8 posted on 11/25/2011 10:12:11 AM PST by Venturer
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To: blackdog
The teenager caught hauling 75 pounds of drugs into the U.S given immunity, a visa and records of the details in the arrest sealed by a US judge.

Sends a very strong message.

9 posted on 11/25/2011 10:16:06 AM PST by opentalk
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To: thouworm

Meant to answer one of your last questions about Diaz and drifted away into something else...
All of the things you had stated about the Diaz case were true, (cleared by two separate investigations and agencies, no supporting evidence,) but you left out that he HAD BEEN TRIED already which resulted in a mistrial. It was THEN that the doj came after him for ‘civil rights violations’.


10 posted on 11/25/2011 10:16:28 AM PST by MestaMachine (obama kills)
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To: MestaMachine
Obama's Gestapo (DOJ) is criminal in this case. Unseal the documents and prosecute DOJ employees responsible for this miscarriage of justice.

Free Jesus Diaz

Impeach Obama

11 posted on 11/25/2011 10:20:26 AM PST by afnamvet (Patriots Rising.....Donate to Free Republic....... It's the right thing to do.)
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To: opentalk
Why do we fund government agencies? I mean they act in a 1984 type of logic framework. More is less, good is bad, everyone is a potential criminal if need be.

The time to deconstruct the hellish mess that is the American government has struck the noon bell.

12 posted on 11/25/2011 10:20:59 AM PST by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: MestaMachine
What about this from the article? (I had also wondered if there were any witnesses)

"According to the discovery documents, other agents, hours after the alleged incident, claimed to an off-duty Border Patrol officer that Diaz used "excessive force" on the drug smuggler. That's even though the suspect "was processed for voluntary return to Mexico by BPA Marco A. Ramirez, and subsequently returned to Mexico on the same date." "

13 posted on 11/25/2011 10:22:19 AM PST by thouworm (.)
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To: opentalk

*bump*


14 posted on 11/25/2011 10:22:46 AM PST by Java4Jay (The evils of government are directly proportional to the tolerance of the people.)
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To: thouworm

Perjured testimony. That is why there was a mistrial.


15 posted on 11/25/2011 10:28:28 AM PST by MestaMachine (obama kills)
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To: MestaMachine; opentalk

FULL NEWS RELEASES FROM LEOAC

LEOAC has released BPA Chito Diaz case discovery to the public

LEOAC has released the discovery documents in the case of U.S. vs Border Patrol Agent Jesus E. “Chito” Diaz, Jr, case # DR-09-CR-1469 AM to the public via our FreeAgentDiaz.com website, the purpose of which is to educate the public about this gross abuse of authority on the part of the government.

LEOAC received this material mid-March 2011. This date is important as it is clearly before the Nov. 9, 2011 Order of Protection as requested by the U.S. Attorney’s Office for the Western District of Texas, which was granted on the same day by U.S. District Court Judge Alia Moses in Del Rio, TX.

The ruling states as follows: ORDERED that Defendant and Defendant’s attorneys shall not disclose any part of the discovery materials related to this cause number previously disclosed or disclosed later to Defendant, to anyone other than the Defendant’s attorneys or the Court.

Therefore, it is our contention that such order does not apply as we received this material nearly eight months prior to Nov 9, 2011 the date in which it was enacted by the court and that it solely applies to the defense and their counsel on and after that specified date.

Dave Grossi, use of force expert, contends that the judge deliberately withheld evidence from the jury: http://www.policeone.com/border-patrol/articles/4646997-Epilogue-Justice-for-Border-Patrol-Agent-Jesus-Diaz/

After reviewing trial transcripts and discovery, we concur with expert Grossi that key facts were filtered by the court to prevent the jury from learning the truth.

It is unconscionable that such statements be allowed as evidence against Agent Diaz given not only the amount of hearsay by government witnesses but also the repeated perjury and lack of credibility among witnesses.

This includes, 1) the failure to report the alleged incident immediately, thereby failing to report the alleged abuse of a prisoner within one hour as is required by Border Patrol policy, let alone intercede when it happened if it was such an inappropriate act. 2) The hours that passed gave time for those “witnesses” to get their stories straight, and then strayed from proper protocol by going to the home of an off-duty supervisor, rather than return to the station and speak with an on-duty supervisor.

Given the testimony of the drug smuggler, then juvenile, M. B. E. (the “B” stands for Bernal), during the 2nd trial in which he states that his feet were not held and he was not kicked or abused, this case does not pass the smells test.

The complaint by the Mexican Consul to Eagle Pass South Station PAIC Brashear states as their fact that they were not notified by official B.P. channels as to the alleged incident, but by an outside source. The only ones who knew were those agents, SBPA, journeyman and trainees, making the allegations.

It was when the government saw that the document was published on the internet (World Net Daily) on November 9, 2011 that the US Attorney’s Office filed their motion. This key document by the DHS Office of Professional Responsibility identified that their 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. This means investigation for discipline, not prosecution. Discipline could have been from “don’t do it again”, to suspension (or “time on the beach” as it is called internally), to termination of employment.

In the same document, it is stated that the U.S. Attorney’s Office had also declined prosecution. OIG and OPR both passed on the case but CBP IA accepted it when suddenly the Mexican Consulate notifies IA that they have located Bernal? That dog don’t hunt with us.

OPR stated Bernal had no credibility and the case would have transferred to San Antonio and out of Del Rio. They waited until the case was picked up by IA, triple jeopardy in our assessment, and after making a deal for Bernal, provided him to IA with immunity guaranteed for a drug smuggler.

Then the USAO indicted Diaz one year after the incident. If he had really committed the acts as alleged, Agent Diaz would not have remained on duty with his badge, credentials, and sidearm for the one year (or thereabouts) that he did.

This ruling is about suppression as the documents show a case that screams to be brought to public scrutiny given the inconsistencies in the statements by several government witnesses who contradict their own statements as well as each other.

The allegations in this case as presented by the government are disputed by Agent Diaz, his family, and our organization, as well as questioned in a letter to President Obama by 37 Members of Congress.

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.

It must be noted that our organization requires such documentation prior to accepting a case, which goes back to the Ramos/Compean prosecution. It allows our organization a proper and thorough independent review.

We contend that the 5 additional counts for lying to investigators are without merit given the facts of the case and that these charges were solely filed in retaliation for Agent Diaz’ refusal of the plea bargain offered by the USAO.

What is more clear is that such records as the discovery in the prosecution of Agent Diaz, as well as the file in the murder of Border Patrol Agent Brian Terry, which was also sealed as reported by the Arizona Daily Star only further prove that transparency on the part of the Obama Administration means to hide or prevent such facts from being revealed to the American people, where it can be scrutinized by the Court of Public Opinion.

Our organization has provided non-court related assistance. No legal counsel from our organization has represented the defendant, Agent Jesus E. Diaz, Jr. before the courts. We know as you read and review this material in the case of U.S. vs. Jesus Diaz, Jr. you will discover a questionable investigation. - Law Enforcement Officers Advocates Council, Nov. 22, 2011

Visit AdvocatesCouncil.us or FreeAgentDiaz.com for more information

http://www.advocatescouncil.us/pdf/LEOAC-PR3-Diaz-Discovery-Published-112211.pdf


16 posted on 11/25/2011 10:29:37 AM PST by thouworm (.)
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To: afnamvet

Free Jesus Diaz

JAIL Obama
AND holder.
AND johnny sutton!


17 posted on 11/25/2011 10:34:08 AM PST by MestaMachine (obama kills)
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To: blackdog

Absolutely correct.

Just like the two other BP agents that were sent to prison for doing their jobs (and shooting a wetback in the butt), this is nothing less than our own government, in cooperation with the Mexican government and drug dealers, doing everything they can to intimidate the US Border Patrol in order to keep the drug money flowing.

The US is truly a “banana republic”. Most people would be outraged if they stopped, thought about it and realized this. But hey, what the heck, the holidays are here and most people are focused on finding the latest and greatest iPhone at the lowest price (because that’s what’s really important /s).


18 posted on 11/25/2011 10:38:41 AM PST by Ernie Kaputnik ((It's a mad, mad, mad world.))
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To: opentalk

Judge Alia Moses (Ludlum)

On the recommendation of Texas Senators Phil Gramm and Kay Bailey Hutchinson, Ludlum was nominated to the United States District Court for the Western District of Texas by President George W. Bush on July 11, 2002 to a seat vacated Harry Hudspeth as Hudspeth reached senior status. Ludlum was confirmed by the Senate on November 14, 2002 on a Senate vote and received her commission the next day.

This is interesting. Looks like there may be a bought and paid for Legal Cartel in that area.

http://www.freedom-won.net/7-yr-border-patrol-veteran-sentenced-to-two-years-prison-by-bush-appointed-judge/


19 posted on 11/25/2011 10:41:24 AM PST by marty60
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To: marty60

george bush...friend of johnny sutton. NO pardon for Ramos and Campean. 5 bogus prosecutions of agents by sutton...all dealing with drug smugglers.


20 posted on 11/25/2011 10:49:33 AM PST by MestaMachine (obama kills)
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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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