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Border Agent Gets 2 Years in Prison for Rough Cuffing a Drug Smuggling Suspect

Oct. 26, 2011 3:14pm Christopher Santarelli

A U.S. Border Patrol agent has been sentenced to two years in prison for “improperly lifting the arms of a 15-year-old drug smuggling suspect” during an arrest where border agents found more than 150 pounds of marijuana being transported by illegal immigrants across the Rio Grande.

The Washington Times reports on the Justice Department’s case, which said the agent violated the drug-smuggling teenager’s constitutional right to be free from unreasonable force:

“Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlumin San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.”

Photos showed no bruises or marks that indicated a beating on the suspect’s body, other than marks from the straps of the bag loaded with drugs that the suspect had been carrying.

Diaz is a seven year veteran of the Border Patrol, and had originally been cleared of charges by Homeland Security’s Office of Inspector General and U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility. The U.S. Attorney’s Office for the Western District of Texas brought charges against Diaz, however, which led to the two year sentence.

The Law Enforcement Officers Advocates Council said the government’s case was “based on false testimony that is contradicted by the facts,” and that witnesses have made contradictory claims and later admitted to having perjured themselves.

The same U.S. Attorney’s office brought charges against two Border Agents in 2006 for shooting a drug-smuggling suspect in the buttocks as he tried to flee back into Mexico after leaving a van filled with 800 pounds of marijuana. The suspect was given immunity for testifying against the agents in that case, where agents were convicted and sentenced to 11 and 12 years of prison.

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Comments (271)

Depressed_American
Posted on October 26, 2011 at 3:39pm
This is a bunch of Bull!!! If the illlegal alien, who happened to be smuggling drugs hadn’t tried to cross the border, and then run when confronted by the US Law, then he wouldn’t have got hurt in the first place!!! To give an illlegal alien and a drug smuggler immunity for his testimony is crap!!! This DOJ needs to be fired!!!

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- teddie888
  Posted on October 26, 2011 at 3:45pm
  The union lawyers get to the illegals and tell them what they can accuse if caught. It just happened to a rancher in Az where the illegal women accused the rancher of ruffing them up and causing mental anguish (true) and the rancher was told by the judge on the case to pay the illegals $84,000.
  
  Report this comment
- mils
  Posted on October 26, 2011 at 3:59pm
  PERRY NEEDS TO BE ASKED ABOUT THIS CASE!!!…hold his feet to the fire
  
  This is an absolute outrage!!!!
  
  Report this comment
- SpankDaMonkey
  Posted on October 26, 2011 at 4:02pm
  .
  They’ed probably give me life for what I’m thinking about right now. Wonder how that U.S. Atty. would feel if one of his kids died with a needle full of Mexican Brown Heroin in their arm? I know the guy was a weed mule, but you get the idea…………….
  
  Report this comment
- HKS
  Posted on October 26, 2011 at 4:04pm
  Well, I guess since we don’t have any leadership with the balls to tell Mexico where to get off, I guess the Mexican Government will run this country as well as their own. How about at the next election we elect real Americans to run America. Enough of the foreign crap.
  
  Report this comment
- turnabout
  Posted on October 26, 2011 at 4:08pm
  To give sovereignty to another country who directs our legal system and opening moves hordes across our border, is the death of America.
  
  Report this comment
- Ookspay
  Posted on October 26, 2011 at 4:09pm
  Outrageous indeed. The absence of justice gives birth to vigilantism. The lunatics have taken over the asylum. 2 years? Insanity!
  
  Report this comment
- netmail
  Posted on October 26, 2011 at 4:26pm
  Turnabout..Your thoughts were my first thoughts too. Also, it’s not only the Mexican govt calling the shots for our justice system here, it’s the drug cartels themselves. Perry had better get in the middle of this deal RIGHT NOW and FIX IT.
  
  Report this comment
- lillycatoscar
  Posted on October 26, 2011 at 4:29pm
  AMERICA WHAT IS WRONG WITH YOU! This is pure insanity, when a THUG, comes into our Country with drugs strapped to his back, and LAW ENFORCEMENT is the one who goes to prision? I am so disgusted with what is going on in our Country, that I want to puke. Glenn Beck is right, when he said, “what was once good, is now considered bad, and what was once bad, is now good”. I must say, GOD help this country, because He certainly knows, that this country is selling its soul to the devil. We have so much corruption in this country, that a conservitive, can’t say what he/she wants, because what ever we have to say, is unconstituional. We are being deprived of our Constitutional rights, when the left can say whatever they want, and it is alright. Release all of our Boarder Patrol Agents, who have been imprisioned for doing their jobs. SHAME, SHAME, SHAME!
  
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- motonutt
  Posted on October 26, 2011 at 4:42pm
  Not only that I’d bet the mexican kid will get a big $$$$$ settlement from the u.s. taxpayers.
  
  Report this comment
- charleyrocks
  Posted on October 26, 2011 at 4:51pm
  you know what every agent should walk off the job and yell over to mexico come on in, the president does not care and we just get thrown in jail for arresting you so no borders anymore. lets see what happens then!!!! the american government is just plain stupid!!!! I am so shocked over this how can americans put up with this and why????????
  
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- vennoye
  Posted on October 26, 2011 at 4:56pm
  mils
  This is a U.S. Attorney out of the DOJ……….not a Texas Attorney. Not too much Perry can do about a U.S. Attorney from DOJ.
  
  Report this comment
- yougottabekidding
  Posted on October 26, 2011 at 5:02pm
  Some strange things going on there, seems like that area in particular goes for this kind of crap.
  The big problem is no one stands up for these brave heros! That includes Bush! When he totally ignored those agents and left them go to prison that more then any thing made me hate him. Seems like both sides of the political elite want this to happen.
  
  Report this comment
- jarhead69
  Posted on October 26, 2011 at 5:06pm
  They should just start shooting the bastards
  
  Report this comment
- hud
  Posted on October 26, 2011 at 5:10pm
  A situation best handled by Woody Harrelson’s dad.
  
  Report this comment
- hud
  Posted on October 26, 2011 at 5:12pm
  You elect dumbocraps, better learn to speak mex.Elections have consequences.
  
  Report this comment
- V-MAN MACE
  Posted on October 26, 2011 at 5:33pm
  Border agent must’ve roughed up one of the CIA or ATF’s secret double agents who’re running drugs and guns.
  
  But those of you who do, just keep on worshipping your heroes…
  
  Report this comment
- 13th Imam
  Posted on October 26, 2011 at 5:55pm
  The Texas Rangers have been rounding up bad guys since before Texas became an independent republic. One of the most famous, Lone Wolf Gonzaulles, once killed a suspect. There was some talk that Lone Wolf might have to stand trial. When asked about it he replied, “I’d rather be tried for killing a dozen SOB’s in enforcing the law, than have one of them tried for killing me.”
  
  Moral is , Shoot the suspect. .
  
  Report this comment
- Walkabout
  Posted on October 26, 2011 at 6:00pm
  V-MAN MACE
  Prove it Biatch or cease babbling!
  
  Report this comment
- pamela kay
  Posted on October 26, 2011 at 6:19pm
  There has to be a petition to sign. Call your state reps and complain . This is BS. Great post DEPRESSED_AMEERICAN!
  
  Report this comment
- Jezcruzen
  Posted on October 26, 2011 at 6:26pm
  That fraud “judge” lives in someone’s neighborhood.
  
  Report this comment
- Justice2011
  Posted on October 26, 2011 at 7:00pm
  Our prayers are with this border patrol agent and his family. This makes no sense. DOJ is saying it is ok to break the law and if caught you can claim that Law Enforcement beat you up. Lucky the illegal dope smuggler didn’t get shot or have a dog turned loose on him. I think this whole country has gone completely nuts.
  
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- Yeah_Buddy
  Posted on October 26, 2011 at 7:15pm
  Maybe it is better to handle the same way when you find an endangered species on your land: toss em in a ditch and dont’ say a word. Perhaps that would discourage some mexies if word got back to them.
  
  Report this comment
- ezalbeht666
  Posted on October 26, 2011 at 7:40pm
  Perry has nothing to do with this case, it was Federal court not State.
  
  Report this comment
- chazman
  Posted on October 26, 2011 at 7:57pm
  … the federal government has become the enemy of those who serve, as well as the enemy, overall, of the American people!!!
  
  Report this comment
- proantisocialist
  Posted on October 26, 2011 at 8:28pm
  was he here illegaly,then he does not have constitutional right under our law….
  
  you come into my house uninvited and i will shoot you and that is my constitutional right….
  
  Report this comment
- Marine 1
  Posted on October 26, 2011 at 8:43pm
  Does anyone know what freaking country we live in? This is the biggest load of bravo sierra I have ever heard of — again.
  
  Check this out… http://www.youtube.com/watch?v=FOQcUSemkZc
  
  Watch representative Jason Chaffetz go after Big Sis — she is lying like there is no tomorrow.
  
  Homeland Security is the biggest farce I have ever seen. Are the borders secure? Heck no. And Obama and his idiot friends gave them guns to kill people with. Hello!
  
  Folks, this country is screwed up and I know who has screwed it up. You do too!
  
  Report this comment
- Depressed_American
  Posted on October 26, 2011 at 9:42pm
  Maybe the Mexican government should keep it’s citizens off the US Border, so they don’t get arrested while crossing illegally. There are proper and LEGAL ways to immigrate into the United States of America. And sumggling drugs IS NOT LEGAL IN THE UNITED STATES!! Also maybe the Mexican government should KEEP ITS DAMN DRUGS OUT OF OUR COUNTRY!!! And finally the DOJ needs to remember what country they are supposed to represent and protect in the admission of their duties!!!
  
  Report this comment
- drkmagneto
  Posted on October 27, 2011 at 5:06am
  I agree Depressed_American, this is total bull! Now border agents are going to be scared to do their job for fear of going to prison for 2 years. It’s okay though, he won’t have to serve much more than a year before a Republican President pardons him on Jan 20,2013. How does an illegal alien(emphasis on the word “illegal”) warrant Constitutional rights? Even utilizing the 14th Amendment passage “subject to the jurisdiction”, you can’t give it to him. go away illegals!!! Come in through the front door next time and you won’t get hurt!
  
  Report this comment
- RepubliCorp
  Posted on October 27, 2011 at 7:31am
  Holder and Obama need a drainpipe moment
  
  Report this comment
- banjarmon
  Posted on October 27, 2011 at 10:49am
  HOW MANY from the DOJ are on the payroll from the drug lords????
  
  Report this comment
- V-MAN MACE
  Posted on October 27, 2011 at 11:35am
  Walkabout
  
  I don’t have to prove anything to you.
  
  You are nobody.
  
  You can just kiss my @ss and stfu.
  
  Report this comment
- Grrrrrr
  Posted on November 1, 2011 at 11:58pm
  They also gave the Drug Smuggler a VISA for testifying.
  
  Report this comment
BertM
Posted on October 26, 2011 at 3:38pm
We need a leader with Big Brass Ones!!!!!!!!!

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70S_KIDS_FIGHTING_SOCIALISM
Posted on October 26, 2011 at 3:37pm
The police would never go to jail for the same thing IF it were true. This is a standard that is unheard of and plain outright subversion.
TEA PARTY UNTOUCHABLES!!!!!!!!!!

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- branch manager
  Posted on October 26, 2011 at 4:36pm
  Nice moniker…as I also am a 70s kid fighting socialism. Onward!
  
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ZenJedi
Posted on October 26, 2011 at 3:37pm
So let me get this straight. The DOJ foregoes prosecuting the drug smuggler of 150 lbs of pot BUT will prosecute an Agent for roughing up the perp during the handcuffing process and the perp has constitutional rights because he’s a MEXICAN or because he’s PERP sneaking into this country with contraband. This government is totally screwed up!!!!!!

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- phillipwgirard
  Posted on October 26, 2011 at 3:44pm
  A non-citizen should not be entitled to ANY constitutional rights.
  
  Report this comment
- pavepaws
  Posted on October 26, 2011 at 3:54pm
  The FEDS can sell guns to cartel members to shoot Federal agents, and the FEDS can prosecute Federal agents on trumped charges by drug members.
  
  Report this comment
- yougottabekidding
  Posted on October 26, 2011 at 11:03pm
  Gary Fishaholic
  Finally getting the point are you?
  Hussain wants thousands of Border Patrol on the job so he can say he is big on enforcement, BUT they are to be afraid of being put in jail so they do less.
  
  Report this comment
- Viet Vet
  Posted on October 26, 2011 at 11:16pm
  It’s happening because thugs, criminals and anti-Americans got elected in 2008!!
  
  Report this comment
vnachi77
Posted on October 26, 2011 at 3:36pm
Let’s see. Highly trained bilingual law enforcement professional. In return for ****** hours, in terrible conditions, usually stationed in remote area’s of the American southwest, you get very low pay. The return for actually doing your job is the possibility of being shot by guns provided to drug runners by the Justice Department. Should be lucky enough to make an arrest without being shot, the same Justice Department prosecutes for “improperly lifting the arms,” and you get two years in jail. As a correction officer in a maximum security prison for 14 years, the only thing “improperly lifting arms” while cuffing a inmate meant was, I didn’t get the cuffs on. While making a felony arrest, anything that results in the handcuffs being successfully placed on is OK as far as I’m concerned. When they are placed on with no visible bruises, well all the better. What a crying shame.

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SanDiegoCountyCitizen
Posted on October 26, 2011 at 3:35pm
If this agent had been a Black American, I doubt Obama and Holder would have ok’d the prosecution. I must have missed La Raza’s support for this Latio Agent just doing his job.

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SouthP
Posted on October 26, 2011 at 3:34pm
“The U.S. Attorney’s Office for the Western District of Texas brought charges against Diaz, however, which led to the two year sentence” .. is that code for ACLU or something or is the Western District filled with mexican sympathizers?

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- Snowleopard {gallery of cat folks}
  Posted on October 26, 2011 at 3:39pm
  No it is code language from the administration and Holder that the group is out for blood agaisn those who dare to deal with illegal immigrants, especially dealing in the drug trade. I have to wonder just how deep into the pockets of the drug cartels Obama and Holder are?
  
  Report this comment
- Lantern
  Posted on October 26, 2011 at 4:50pm
  What IS it with the U.S. Attorney’s Office for the Western District of Texas? They also brought charges against Compean and Ramos.
  
  Report this comment
AmericaTheFree
Posted on October 26, 2011 at 3:34pm
This is more heavy handed political showmanship that will have adverse effects by handcuffing agents. The world has truly turned up-side-down if we prosecute those serving America’s borders over those crossing our border illegally with illegal drugs serving groups destroying Mexico. Please wake up and wake your neighbors. Dear Lord, please help us.

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SanDiegoCountyCitizen
Posted on October 26, 2011 at 3:33pm
Outrageous abuse of power by the Federal Government, under the criminal marxists Holder and Obama. I suspect if this agent had been a Black American, this would have never happened. Where is LaRaza NOW?

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Fedup
Posted on October 26, 2011 at 3:33pm
I am convinced that it is us against them.. them being the Eric Holders, Barack Obamas, Nepolitanos, and all the other marxists in the Administration who stick up for the bad guys and punish the good guys who are trying to protect Americans.

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- HorseCrazy
  Posted on October 26, 2011 at 10:04pm
  agree with you 100%. My son has wants to be an army ranger like grandpa since he learned to speak. all he wants is to be law enforcement after a military career and I see things like this too often to give it my blessing anymore. it breaks my heart for these brave folks being thrown to the wolves by the very people they are protecting. there just are no words for this.
  
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- Oldphoto678
  Posted on October 27, 2011 at 6:43am
  Actually there is one word for it…..JUSTICE
  
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BrerRabbit
Posted on October 26, 2011 at 3:33pm
Next time just shot him *>)

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Fedup
Posted on October 26, 2011 at 3:31pm
This just proves that this Dept of Justice is on the side of anyone other than an American in any form of law enforcement. These FEds are traitors taking Mexico’s part. The guy should have shot and killed the mexican. Dead bodies don’t talk. It is gotten past the point of absurdity.

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- Gary Fishaholic
  Posted on October 26, 2011 at 4:13pm
  Sorry but I agree!!
  
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- paulusmaximus
  Posted on October 26, 2011 at 4:58pm
  I find it had ti believe that someone there isn’t on the take!People need to follow these guys and their families and see what they are doing and who they are talking to! I see to much drug money stopping on this side of the border.
  
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Diablo4965
Posted on October 26, 2011 at 3:31pm
And the 15 year old suspect is now probable recieving a good ole U.S. tax payer funded education.

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- TXVET48
  Posted on October 26, 2011 at 4:52pm
  And continuing to smuggle drugs across the border.
  
  Report this comment
welovetheUSA
Posted on October 26, 2011 at 3:30pm
This is some disgusting crap…..what can we do to stop this?

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- progressiveslayer
  Posted on October 26, 2011 at 3:40pm
  Have a change in government from what we have now candyass pc cowards who won’t adhere to the constitution and are actively violating it daily, to a government that adheres strictly to the constitution that will solve a lot of problems.
  
  Report this comment
- c0mm0nsense
  Posted on October 26, 2011 at 3:44pm
  The system is corrupt, this agent messed with the wrong cartel.
  
  Report this comment
- Viet Vet
  Posted on October 26, 2011 at 11:21pm
  @welovetheUSA
  
  I think you know.
  
  Report this comment
airportengineer
Posted on October 26, 2011 at 3:30pm
Only in Obamaland!

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MIlitary Nurse
Posted on October 26, 2011 at 3:28pm
To 13, trust me…I will never take up arms agianst law abiding citizens if/when you stand up against our government!

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progressiveslayer
Posted on October 26, 2011 at 3:27pm
This is another example of this country going to hell,I’m surprised we still have border agents,they make an arrest and they get convicted and go to prison,this country is FUBAR.People if you don’t wake up and see what’s going on with the border all will be lost, we’re losing our sovereignty and the federal government is doing nothing to protect our borders,in fact their helping our enemies with this story here.

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- AmericaTheFree
  Posted on October 26, 2011 at 3:34pm
  Well put.
  
  Report this comment
FaithfulFriend
Posted on October 26, 2011 at 3:27pm
Stupido.

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godlovinmom
Posted on October 26, 2011 at 3:26pm
What is color of law mean…sounds racist to me.

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lukerw
Posted on October 26, 2011 at 3:26pm
Diaz is a tool of Satan!

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Susie
Posted on October 26, 2011 at 3:24pm
Oh come on.
This is another travesty of justice.
Please American, please, this is a wrong worth uniting to right !!!!

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- Chuck Stein
  Posted on October 26, 2011 at 3:36pm
  Yup. This is simply nuts. I hope that EVERY Republican presidential candidate makes it an issue.
  
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- amerbur
  Posted on October 27, 2011 at 2:57pm
  Susie, I agree, this is a wrong that should be set right Those responsible should be fired or prosecuted. Any ideas as to how to begin this battle?. Have you heard of As A Mom. It is a site for patriotic Mom’s or Freedom works. We all need to get together to help this poor family and expose the corruption.
  
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13th Imam
Posted on October 26, 2011 at 3:23pm
When the SHTF ,are law enforcement officers going to stand with law abiding people , or the OWS,, Eric Holder, Barry, One Party Rule DEMOCRATS, . ??? Come to think of it what about the military???

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- 762x51
  Posted on October 26, 2011 at 3:36pm
  I hope you are right, that is what Oathkeepers is all about. If you are wrong however, the bloodshed will be enormous.
  
  It’s just fortunate that the gunrunner, Eric Holder was able to take time out of his other illegal activities to make sure the Constitutional rights of this illegal drug smuggler were upheld. It would be a better story if illegal drug smugglers HAD Constitutional rights but that’s a minor detail. One is also forced to wonder why the Mexican government so all fired concerned about this law when
  
  they have no problem with breaking our other laws. This way they can continue to export their social and economic problems to the U.S. and Reap the benefits into their personal accounts while Mexico continues on as a TOILET!
  
  Report this comment
bill984
Posted on October 26, 2011 at 3:23pm
did jefferson and the boys intend for their constitution to apply to foreign criminals? i have a feeling they would have shot first and not asked any questions.

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- Viet Vet
  Posted on October 26, 2011 at 11:25pm
  Madison, Washington and the boys would have taken up their muskets a long, long time ago.
  
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ColoradoMaverick
Posted on October 26, 2011 at 3:21pm
I feel sorry for the border patrol agents who are desperately trying to do their jobs under impossible conditions and now we have the Obama administrations Justice department under Eric Holder prosecuting agents for doing their jobs. If, and that’s a big if, the agent was a bit heavy handed, then reprimand him and make him do some training, etc… When you start to prosecute these guys for stuff like this, they will sit on their hands and let the illegals come waltzing in.

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- KidCharlemagne
  Posted on October 26, 2011 at 4:19pm
  ColoradoMaverick
  Posted on October 26, 2011 at 3:21pm
  
  I feel sorry for the border patrol agents who are desperately trying to do their jobs under impossible conditions and now we have the Obama administrations Justice department under Eric Holder prosecuting agents for doing their jobs.
  ================================================
  
  Wake up!:
  
  “April 13, 2005
  TWO U.S. BORDER PATROL AGENTS CHARGED BY FEDERAL GRAND JURY INDICTMENT WITH ASSAULT CHARGES
  United States Attorney Johnny Sutton announced that today a federal grand jury in El Paso returned a three-count indictment charging two U.S. Border Patrol agents with assault charges.”
  http://www.justice.gov/usao/txw/press_releases/Compean-Ramos/BPShooting.pdf
  
  Report this comment
- rot_soldier
  Posted on October 26, 2011 at 4:52pm
  I do believe that would be their plan. What better way to let them across the border than to put fear in those that patrol it.
  
  Report this comment
copper
Posted on October 26, 2011 at 3:19pm
Obama’s goons should be in prison NOT those enforcing our laws. If the kid didn’t want to be handled roughly maybe he shouldn’t have picked up the bag of dope to begin with. I’m sure his drug cartel bosses would be abusive and he’d be dead for having failed. There is no more justice since Obama’s goons took over.

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