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  • Federal Agents 0: Drug Smuggler 1

    Federal Agents 0: Drug Smuggler 1

    By Ralph Smith

    10/27/2006

    Click here for more articles by Ralph Smith

    You can have daily headlines from FedSmith.com delivered right to your desktop each business morning. The service is free and you don't get junk e-mail as the price of your subscription. Just click here to sign up!

    Illegal immigration has been in the forefront of our news media for some time. Particularly during an election year, Americans of various political stripes have expressed concern on the issue. FedSmith readers say the issue of illegal immigration is one of the major issues that impact our country.

    One issue that sometimes makes the news is when an illegal comes back into our country and commits a serious crime. When that happens, we wonder why we can't stop the interminable march across our border and why we cannot stop criminals and terrorists from entering our country and harming those that are living a peaceful, honest life in America. For an example of a case in which a federal employee was subject to discipline for not being more diligent in stopping someone with a criminal record from entering the country, see "Actions and Decisions Have Consequences."

    With this background, a recent case received some attention in the national media but probably should have received more and sparked a public outrage during this election season.

    The front line on the Mexican-American border is the US Border Patrol. For the past 75 years, the mission of this agency is to detect and prevent the illegal entry of aliens into the United States.

    One report describes the incident as follows: " Ramos and Compean (Border Patrol agents) fired their weapons while pursuing a Mexican national, Osbaldo Aldrete-Davila, while he was trying to smuggle nearly 800 pounds of marijuana into the United States on Feb. 17, 2005. Aldrete-Davila sustained a bullet wound to the buttocks but was able to escape the agents. He later returned to testify against them at trial after being sought out in Mexico by the U.S. Attorney's Office and treated for his wound at a U.S. military hospital."

    The agents were conviced of various charges including assault with a deadly weapon; discharge of a firearm in relation to a crime of violence; and a civil rights violation. They also were convicted of obstruction of justice for not reporting that their weapons had been fired. The drug smuggler was given immunity in return for his testimony against the agents.

    Their case has generated at least some interest in Congress. Several Congressman are asking the Justice Department to review the federal law used to convict two Border Patrol agents of shooting a Mexican drug smuggler. (See the letter on this issue from one Congressman.) The federal statute at issue makes it illegal to discharge a firearm in relation to a crime of violence. Conviction under the statute carries a minimum 10-year sentence in federal prison.

    The union that represents the Border Patrol agents has posted an interesting question on its web site:

    When Smugglers Try to Run You Over With a Vehicle, you are supposed to:



    A. Shoot at them;
    B. Chase them;
    C. Wave at them and say "Bienvenidos a Los Estados Unidos";
    D. Throw a pamphlet at them on how to apply for Amnestia;
    E. Offer them food, water, medical care, and counseling at taxpayer expense;
    F. Beg them not to report you to OIG and/or the U.S. Attorney's office for using an expletive when you dive for cover; or
    G. Let them go.


    The correct answers, according to the Border Patrol Council Local 2544, are C through G.

    There are undoubtedly a host of legal and social issues involved with the case. In all likelihood, mistakes were made by the agents.

    One question the federal government has to answer and decide is whether the country is serious about stopping the flow of illegals into the country. The extreme punishment of these federal employees who were at work doing a dangerous job when the incident occurred will not help America in stopping the flow of illegal immigrants into the country. It has to put doubts into the minds of those charged with protecting our borders if the country is serious about the mission of the agency and the real priorities of our legal system.

    In any event, the two agents are free on bail until January. The drug smuggler who testified against America's agents was given immunity from prosecution in return for his cooperation in sending the the agents to jail who were interfering with his drug smuggling operation.

    If there is any doubt about the priority of our system in solving today's legal and social issues, this case will probably serve as an answer for some. Most of us can only hope that the federal employees working along our borders know that most Americans appreciate their efforts despite the efforts of some in the legal hierarchy to prove otherwise.
    I believe forgiveness is Gods function; my job is to simply arrange the meeting.

  • #2
    While I agree with what you are alluding to. There may be more to the story concerning the two border patrol agents the story is refering to. See this DOJ link for the other perspective.

    DOJ Link

    FB
    Last edited by Firebug; 10-30-2006, 07:06 AM.

    Comment


    • #3
      I totally agree they are not innocent and guilty of misconduct,extremely bad judgement and failing to report the shooting incident. I do recognize that federal sentencing guidelines gave the judge almost no leeway, but it still seems reprehensible to me to send these agents to jail for 11 and 12 years in this case.
      I believe forgiveness is Gods function; my job is to simply arrange the meeting.

      Comment


      • #4
        Abolish the USBP cowards and replace them with the US Army, the BP is to lightly armed to handle the function of border patrol hence the reason they have to cower and hide everytime the Mexican Army crosses the border in support of drug smugglers.

        Comment


        • #5
          First of all many BP Agents are ex-military. Second of all how dare you bash the BP, especially on a Law Enforcement forum. You probably couldn't handle one hour on the southern border w/o running away with your tampon bt your legs. Like a typical strong island boy talking the big talk, your the coward my friend.
          I believe forgiveness is Gods function; my job is to simply arrange the meeting.

          Comment


          • #6
            Maybe he's talking more about the admin than anything. He somewhat has a point, BP agents are being outgunned and outnumbered down on the border.

            Comment


            • #7
              Protecting our borders is a federal issue. Put state or federal troops on the border.

              If the illegal aliens decide they are stronger then the federal or state troops, give the troops orders to shoot on site.

              The government has the power to stop the illegal immigration on the U.S./Mexican border, simply put troops on the border.

              Comment


              • #8
                Originally posted by Raiden
                Protecting our borders is a federal issue. Put state or federal troops on the border.

                If the illegal aliens decide they are stronger then the federal or state troops, give the troops orders to shoot on site.

                The government has the power to stop the illegal immigration on the U.S./Mexican border, simply put troops on the border.
                Of course, there is always that pesky little thing about the military not being able to do civilian law enforcement.

                FB

                Comment


                • #9
                  Originally posted by Firebug
                  Of course, there is always that pesky little thing about the military not being able to do civilian law enforcement.

                  FB
                  That can be changed a lot easier than you think.

                  All Congress has to do is repeal posse comitatus.
                  "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

                  Comment


                  • #10
                    Easier than that even, congress can pass a law allowing use of Military Force to secure the Borders. The President can invoke the Insurrection Act to do the same thing.

                    The Myth of Posse Comitatus

                    From Wikipedia
                    Last edited by Caesar2845; 10-31-2006, 04:44 AM.

                    Comment


                    • #11
                      Originally posted by equinox137
                      That can be changed a lot easier than you think.

                      All Congress has to do is repeal posse comitatus.

                      Something tells me that would not be as easy as you think.

                      FB

                      Comment


                      • #12
                        Originally posted by Caesar2845
                        Easier than that even, congress can pass a law allowing use of Military Force to secure the Borders. The President can invoke the Insurrection Act to do the same thing.

                        The Myth of Posse Comitatus

                        From Wikipedia
                        The first link does not work.

                        The second link Wikipedia is not the best source to quote from. It is usually not allowed to be used for any thesis or serious research paper work because anyone can edit the pages.

                        I agree that it can be changed but I do not think that it would be easy. Most people in the US would have a problem with the military starting to do civilian law enforcement.

                        FB

                        Comment


                        • #13
                          Originally posted by Firebug
                          The first link does not work.

                          The second link Wikipedia is not the best source to quote from. It is usually not allowed to be used for any thesis or serious research paper work because anyone can edit the pages.

                          I agree that it can be changed but I do not think that it would be easy. Most people in the US would have a problem with the military starting to do civilian law enforcement.

                          FB

                          The link is fixed now. As for Wikipedia, everyone knows it's just a start point, the easy acces is useful, and I'm not writting a research paper.

                          Comment


                          • #14
                            Originally posted by Caesar2845
                            The link is fixed now. As for Wikipedia, everyone knows it's just a start point, the easy acces is useful, and I'm not writting a research paper.
                            Interesting reading, the first link is far better than the second.

                            FB

                            Comment


                            • #15
                              Originally posted by Firebug
                              Interesting reading, the first link is far better than the second.

                              FB
                              Check the referance section of the wikipedia Article, I got the 1st link from the second .

                              Comment

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