Crime & Safety

Hunter Asks President for Explanation of Border Agent's Prison Term

Thirty-seven members of the House have asked the president to justify a U.S. border agent's two-year prison term over lifting the arms of a suspected drug smuggler.

In a letter to President Obama Thursday, U.S. Congressman Duncan Hunter and 36 other Members of Congress requested a detailed explanation of the Justice Department’s prosecution of Border Patrol Agent Jesus Diaz, according to a news release from Hunter's office.  Agent Diaz was sentenced to two years in federal prison for improperly lifting the arms of a drug smuggler while handcuffed in an October 2008 arrest near Eagle Pass, Texas.  As reported Thursday in the Washington Times, a request for Diaz’s prosecution was made by Mexican officials, after Diaz had been cleared of wrongdoing by two federal investigations. A third federal investigation led to the opposite conclusion and he was indicted in 2008.

“In two separate letters, I’ve asked the Attorney General to provide information and take action on what has proven to be a serious miscarriage of justice,” said Congressman Hunter.  “The Attorney General has been silent so far, perhaps because he’s busy making excuses on why he should not be held accountable for Operation Fast and Furious."

Operation Fast and Furious was a federal investigation into arms trafficking, which allowed suspected straw buyers of weapons to walk away from stores, so authorities could trace where they went, rather than arresting them on the spot. The Washington Post reported that the Bureau of Alcohol, Tobacco and Firearms lost track of 1,400 of the 2,000 firearms they were tracing. It's believed the weapons were on their way to Mexican drug cartels.

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“This prosecution cannot be allowed to stand," Hunter said Thursday.  "Someone—whether the Attorney General or the President—needs to provide answers on why a two-year prison term is justified and what motivated the U.S. Attorney’s Office in West Texas, the same office that prosecuted (border agents) Ramos and Compean, to go after Agent Diaz.”

In addition to the prison term, the Justice Department sent a follow-up notice to Diaz's family demanding the immediate payment of a fine, according to the Washington Times.

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Hunter represents the 52nd Congressional District.


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