All posts in Crime and Border Security

Rep. Chaffetz’ Speaks on House Floor re: Fast and Furious Accountablility Amendment

Mr. Chaffetz: I want to quote President Obama in his first remarks as President of the United States. He said, quote, “Transparency in the rule of law will be the touchstones of this presidency. I also hold myself as President to a new standard of openness. But the mere fact that you have the legal power to keep something secret does not mean you should always use it. The Freedom of Information Act is perhaps the most powerful instrument we have in making our government honest and transparent, and holding it accountable, and I expect members of my administration, not simply to live up to the letter, but also the spirit of the law.

The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed or because of speculative or abstract fears,” end quote. This country should be embarrassed by what’s happening in fast and furious. My challenge to members on both sides of the aisle is to stand up and have the integrity to say that we have a dead U.S. agent; we have a department of justice that lied to congress. Where are the guts in this body to stand up and say, “we’re not going to put up with that. ” We’re going to demand these documents be provided to the congress. We know because the inspector general within the Department of Justice has said they have 80,000 documents, they’ve given congress about 7,000 of those documents. This is the test of principle, this is the test of integrity, and when you can’t stand up and take on your own party, that’s a lack of guts. This congress has got to stand up for itself, and demand that these documents be released. I would encourage members on both sides of the aisle, at the very least, vote for this amendment. I can’t imagine any reason why anybody would deny the passage of this amendment. We’re not going to allow taxpayer dollars to be used to lie to congress, unfortunately we have been lied to. That’s the reason why we have to do this amendment. It’s embarrassing that you have to even get to this point, but, madam chair, Brian Terry’s family expected the integrity of — expected, the integrity of this body demands and we cannot rest until we get to the bottom of that, regardless whether it’s republican or democrat. You can make the case that part of this started with President Bush, we don’t know what’s in these documents, but the separation of powers, it’s imperative that we get to the bottom of this and that we hold people accountable. Not just the lowest level of people down at the A.T.F., they’ve been dismissed, they’ve been harassed, and thank goodness for those whistleblowers who stood up and did the right thing. But the senior level, the senior people in the department of justice, they have not been held accountable. President Obama said in these remarks that he would. March 5, he went on Univision and promised that they would. It has not happened, and if we get stonewalling on the other side of the aisle, without your support, we will do a disservice to this country, we will do a disservice to this body and we will not get to the truth, and I promise you, when that becomes a republican president, I will stand with you and demand the openness and transparency that this body deserves. I’ve done it; I’ve challenged my own party, I have the guts, I have the fortitude to do the right thing. I urge passage of this amendment. I appreciate Chairman Issa, Representative Gowdy, Mr. Gosar, Mr. Farenthold, there’s so many people in this body. I appreciate my colleagues from South Carolina who are passionate about this issue. I encourage all members to vote in favor of this amendment and I yield back the balance of my time.”

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Nebraska GOP Senate race turns toward Fast and Furious over frontrunner’s support of Holder

 Via: Daily Caller

Nebraska’s GOP Senate primary frontrunner Jon Bruning supported Attorney General Eric Holder’s nomination and confirmation back in 2009. Bruning, Nebraska’s current attorney general, was one of a group of Republican state attorneys general who pushed to get Holder confirmed at the beginning of the Obama administration.

Bruning and his campaign remain mum when consistently asked if he continues to support Holder as attorney general in the wake of Operation Fast and Furious, especially with Holder’s demonstrable failure to comply with a lawfully issued congressional subpoena. For more than two months, Bruning’s campaign hasn’t returned The Daily Caller’s requests for comment on the issue. On Friday, Bruning spokeswoman Natalie Krings tried to bolster Bruning’s Second Amendment credentials but still wouldn’t answer whether he thinks Holder should resign over Fast and Furious.

“No one has fought harder than Jon Bruning to protect the 2nd Amendment,” Krings said in an email to TheDC. “Jon has an A rating from the NRA and is a life endowment member. As Attorney General, he worked with the legislature to pass conceal-carry legislation, helped pass a Castle doctrine and has fought attempts to ban handgun ownership across the country.”

Bruning’s silence about Holder doesn’t sit well with Nebraska’s former Attorney General Don Stenberg, who’s one of a couple of Republicans running against him. Stenberg has been extra vocal about Fast and Furious over the course of the campaign and on Friday morning, he was endorsed by the pro-Second Amendment group Gun Owners of America (GOA).

“When asked by an Omaha radio station why he supported Eric Holder, Bruning said that Holder had the votes anyway and he wanted to appear reasonable,” Stenberg said in statement. “In other words, Bruning supported Eric Holder because Bruning wanted to go along to get along. That is not what we need in the United States Senate today.”

“If someone like Eric Holder is nominated to the United States Supreme Court, I will vote no even if the vote is 99 to 1 and I am the one,” Stenberg added.

GOA vice chairman Tim Macy said Stenberg “is a strong proponent of the right to keep and bear arms and he has been a leading critic of U.S. Attorney General Eric Holder’s role in Fast & Furious, where the U.S. government helped gun runners smuggle guns south of the border – a program which has led to hundreds of deaths, including two U.S. federal agents.”

It’s unclear where current state Rep. Deb Fischer, another GOP candidate who’s quickly risen in the polls, stands on Holder or Fast and Furious. Her campaign didn’t immediately respond to TheDC’s requests for comment on Friday morning after GOA endorsed Stenberg. But Fischer recently picked up the support of former Alaska Gov. Sarah Palin, who demanded Holder be removed from office months ago.

“I stand with the members of Congress who are calling for Holder’s resignation,” Palin wrote in a Facebook post late last year. “I stand with the family members of Brian Terry who are demanding transparency and accountability. Mr. President, where do you stand?”

Read more: http://dailycaller.com/2012/05/11/nebraska-gop-senate-race-turns-toward-fast-and-furious-over-frontrunners-support-of-holder/#ixzz1ugfjv9TG

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Rubio met with Hispanic Democrats to pitch DREAM Act vision

FILE - In this Oct. 5, 2011 file photo, Sen. Marco Rubio, R-Fla. speaks in Washington. (AP Photo/Haraz N. Ghanbari, File)

Rising political superstar Marco Rubio courted three high profile Hispanic Democratic lawmakers last month in an attempt to gain support for his alternative DREAM Act proposal, legislation which his spokesman told The Daily Caller would include a path to permanent residency and citizenship for some illegal immigrants. Rubio met in late April with Illinois Rep. Luis Gutierrez, Texas Rep. Charles Gonzalez and New Jersey Sen. Robert Menendez, all Democrats. The meeting was described as a private gathering to discuss what their immigration policy aims had in common. The result, according to sources who spoke to The Daily Caller, was support from Gutierrez, opposition from Menendez, and a wait-and-see attitude from Gonzalez. Speaking to a group of supporters in Chicago on April 6, Gutierrez offered his conditional support for Rubio’s yet-to-be-unveiled DREAM Act approach. “I will support it because it will stop deportations, and if it stops deportations I will support it. It lets ‘DREAMers’ get a work permit — lets them get a driver’s license. They get a non-immigrant visa. There’s no road to citizenship. It’s temporary. It has to be renewed. It’s nothing permanent.” Gutierrez also took a swipe at President Obama for failing to act on his own, with or without Congress, to change the status of illegal immigrants brought into the United States by their parents. “There is nothing in Rubio’s proposal,” he said, “that the President of the United States could not administratively do today.” Keep reading

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Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting

Via: Judicial Watch

Mexico has issued the U.S. government what amounts to a diplomatic threat for exonerating a Border Patrol agent who shot an illegal immigrant near the Texas border nearly two years ago after being assaulted with rocks.

The shooting occurred in the summer of 2010 when the federal agent, Jesus Mesa, spotted a group of Mexicans crossing the Rio Grande near El Paso. U.S. authorities say Mesa fatally shot a teen (Sergio Hernández-Guereca) traveling with the group in self-defense after the teen and his friends threw rocks at the agent.

Last year a Texas judge dismissed a wrongful death lawsuit against the U.S. government but allowed a lawsuit against the agent to proceed. The Obama Department of Justice (DOJ) has spent the last two years conducting a “comprehensive and thorough investigation into the shooting” in an effort to file federal criminal charges against the Border Patrol agent.

But a few days ago the DOJ conceded that there is “insufficient evidence” to pursue federal criminal charges against Mesa. “The U.S. government regrets the loss of life in this matter, and the Civil Rights Division, the U.S. Attorney’s Office for the Western District of Texas, the FBI and the Department of Homeland Security devoted significant time and resources into conducting a thorough and complete investigation,” the DOJ says in a statement.

The lengthy probe was conducted by an army of federal officers from the FBI, Homeland Security Inspector General and top prosecutors from the DOJ’s bloated Civil Rights Division. They interviewed dozens of law enforcement and civilian witnesses and collected, analyzed and reviewed evidence from the scene of the shooting. This included civilian and surveillance video, police radio traffic, emergency recordings and volumes of Border Patrol agent training and use of force material.

Agent Mesa’s training, disciplinary records and personal history were also scrutinized. The team of experienced DOJ prosecutors examined the shooting as a possible violation of U.S. criminal and civil rights laws, but the incident did not meet the standard. Evidence indicated that the “agent’s actions constituted a reasonable use of force or would constitute an act of self-defense in response to the threat created by a group of smugglers hurling rocks at the agent…” the feds concluded.

They further determined that no federal civil rights charges could be pursued in this matter since applicable statutes require prosecutors to establish beyond a reasonable doubt that a law enforcement officer willfully deprived an individual of a constitutional right. That means with the deliberate and specific intent to do something the law forbids. Again, after a thorough review, the experienced federal prosecutors and FBI agents concluded that the evidence was insufficient.

The decision has been met with anger among Mexican government officials who have threatened to launch an international investigation. The Spanish-language news media presented the story as the exoneration of the American agent who assassinated a Mexican youth. In a diplomatic note from its secretary of foreign relations, Mexico’s government chastised the DOJ’s decision not to criminally charge the Border Patrol agent.

Mexico has also threatened to conduct its own investigation into the DOJ’s handling of the case and has warned the U.S. to assure that Mexicans’ fundamental rights are being respected. The teen’s family, which lives in Mexico, has sued Agent Mesa despite the DOJ’s decision not to criminally charge him.

Read more about Border Patrol, DOJ, illegal immigration

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Crowd Beats, Strips & Robs Tourist On St. Patrick’s Day; Incident Caught On Camera

Via: CBS Baltimore

BALTIMORE (WJZ)– Caught on camera– a tourist being beaten in downtown Baltimore and instead of helping him, a crowd laughs and steals his belongings.

Mike Hellgren has the video and the investigation.

Police hope this video will get the attackers off the streets.

The video shows a man being punched in the face in Downtown Baltimore. You can hear his head hit the pavement near the entrance to Courthouse East.

Instead of helping, people laugh.

Then, the crowd strips him naked and takes his car keys, watch, money and iPhone.

It happened St. Patrick’s Day. Police say the victim was out partying and woke up the next day at his hotel, cut and bruised with no idea why.

“He had every right to leave wherever he was and get back to where he needed to be safely. Their behavior was just criminal,” Det. Nicole Monroe of the Baltimore City Police Department said.

“Not only was he relieved of his property after he was assaulted, but there were a lot of other things done to him that are disturbing to look at, and we want to bring these people to justice,” Det. Monroe said.

Those who’ve seen the video are outraged.

“Oh, my god! Where’s the police?” Antonio Richardson of Baltimore said after seeing the video. “It gives us a bad name, Baltimore. And people don’t want to, you know, trust us to come down here.”

“It’s surprising, but it’s dangerous,” another person said.

“It’s awful, obviously. You just have to be really careful on those days. You can’t just be wandering around the streets,” Diego Tapia said.

Police say they’ve gotten leads but made no arrests.

“The public is going to be helpful in this case, and they have been helpful thus far,” Det. Monroe said.

Those who filmed it for fun and posted it for the world to see unwittingly provided cops and prosecutors with the key evidence in this vicious attack.

The victim didn’t even know that such a video existed until a relative watched it online and told him.

After the attack, people bragged about it on camera. Tens of thousands of people have seen the video online.

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BIPARTISAN CONSPIRACY ON BORDER SECURITY

Brothers Phil and Rob Krentz, in a 2006 Arizona Highways article about the Krentz Ranch involvement in the Malpai Borderlands Conservation project.

March witnessed the second anniversary of the murder of Arizona rancher Rob Krentz by an illegal alien intruder 25 miles from the Arizona-Mexico border. In his memory, let’s review the state of border security. Has anything changed?

Our nation’s 1950-mile Southwest border remains as dangerous and open to illegal entry as ever, but this reality is being ignored by both the news media and denied by the Obama administration. The combination of government lies, news media co-optation and Republican complacency constitutes a three-part conspiracy to avoid public discussion of border security until after the November election.

The political motive behind this conspiracy is clear: The Washington establishment does not want the abysmal lack of border security to stand in the way of the next amnesty campaign being planned for the lame-duck session of Congress that will occur after the Nov. 6 election.

The criminal dishonesty of the Department of Homeland Security and the Border Patrol management team with regard to border security is matched only by the blatant cowardice of Republican congressional leaders. By their silence on border security, Speaker John Boehner and Senate Minority Leader Mitch McConnell are co-conspirators with Lindsey Graham and the Congressional Hispanic Caucus.

The border remains unsecured seven years after the Minutemen put a huge media spotlight on it is a national disgrace. The Government Accountability Office, or GAO, confirmed the embarrassing state of affairs in a November 2011 report. The GAO reported that only 44 percent of the Southwest border has even a minimal degree of security against illegal entry, and that figure obscures more than it reveals.

It is a matter of criminal negligence that Congress allows the Border Patrol to define “operational control” so loosely that it is meaningless for national security purposes. Would you be satisfied if your home security system provided you with 44 percent certainty that intruders would be detected? Yet Congress allows this charade to continue.

Beneath the surface of Border Patrol data you will discover that, in fact, only 15 percent of the border – about 130 miles out of the 1950 mile total – is actually “fully controlled.”

The government brags that it now has 700 miles of “fencing” on the Southwest border, but often neglects to clarify that number as combing both true pedestrian fencing and “vehicle barriers.” In truth, we have only about 340 miles of true fencing, of which only 36 miles is the double fencing authorized by the 2006 Secure Border Act.

There is good reason to believe that border crossings have declined since their peak in 2005, but the official numbers are unreliable because of the way the Border Patrol collects and reports the numbers. It is well-known among rank-and-file Border Patrol officers and publicly reported by the watchdogs at the National Association of Former Border Patrol Officers that the official numbers are manipulated for political effect.

Moreover, the government has stopped reporting the “gotaway” number. That is the estimate of border crossings based on the ratio of illegal trespassers detected versus the number apprehended. Historically, that ratio has always been 4-to-1 or 5-to-1, which mans that if 100 illegal trespassers were apprehended on a given night, 400 to 500 eluded capture and entered the country successfully. For example, if 300,000 illegal entrants were apprehended in 2011, about 1.2 million entered the country successfully.

Congress is participating in this charade of improved border security as a prelude to another amnesty. Americans would not tolerate another amnesty if they knew the border remains porous, so amnesty advocates must perpetrate a big lie to lull citizens asleep.

The only thing that could spoil this plan for a new amnesty is a Republican presidential candidate who pulled the curtain away from this façade of lies. The odds of that happening seem to be diminishing daily.

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Sentencing reset in case tied to Zapata’s death

By EMMA PEREZ-TREVINO, The Brownsville Herald

The sentencing of a man who has been tied to a weapon used in the fatal attack on ICE Special Agent Jaime J. Zapata has been pushed back. Otilio Osorio of Lancaster had been scheduled for sentencing Monday, but it was reset for May 7 in the U.S. District Court for the Northern District of Texas in Dallas. The sentencing will be before U.S. District Judge Sam A. Lindsay, court records show. Osorio pleaded guilty this past Oct. 25 to weapons violations.

Murdered Border Agent Jamie Zapata

Federal authorities found last year that Osorio bought a gun that resembles an AK-47 from a business in Joshua, Texas. The weapon was later found in Mexico in February 2011 tied to Zapata’s murder and the attempted murder of fellow Special Agent Victor Avila, also with U.S. Immigration and Customs Enforcement. Zapata, of Brownsville, and Avila, of El Paso, were traveling in thestate of San Luis Potosi on government business when they were ambushed by two hit squads of the Zetas criminal organization, according to federal officials. The Osorios, Kelvin Leon Morrison, Angel Pablo Monroy, Rosendo Quinones, Luis Carbajal, Eder Talamantes and Kevin Bueno were indicted in the Northern District of Texas last year, charged with conspiring to make false statements to firearms dealers, and possessing firearms with obliterated serial numbers, beginning June 2010 through February 2011. In February this year, Ranferi Osorio, Morrison and Carbajal were sentenced. Osorio was sentenced to 120 months in jail, Morrison got 30 months in prison, and Carbajal received two-year probation. Talamantes and Monroy will be sentenced June 4 while the sentencing date for Bueno and Quinones is June 18, court records show.

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King–Man Arizona

Mike King shines at Arizona hearing

Mike King at Arizona Senate hearing. Red bar on computer is an intrusion alert.

American Patrol Report
March 9

At a recent hearing of the Arizona State Senate standing committee on the border, Mike King, V.P. of Border Technology, Inc., explained how a new system he directed could go far toward securing the nation’s borders.

From tape of March 1 hearing:

King: I am program manager for the Sonic Barrier project. It did take us quite a while to come up with solutions to the hurdles we had to get over in order to get to the point we’re at now.

When we first tested this live — I must say we had to shuttle the data back and forth — we had to take the data out of the computer that was capturing the data and take it over the to computer that was processing the data. When we first did it live, it was a very exciting day, because we knew at that point that we had something that could secure the entire border of a country. Absolute unbroken, seamless coverage of an area you want to protect.

King narrated a demonstration of the “Sonic Barrier” system that included a live camera showing people walking near the U.S. Mexico border. When they got within 400 feet of the sensors, an alarm went off. At one point, King asked the walkers to hold still and, as they did, the alarm went from red to black.

VideoAn official video of the hearing can be found here.

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AZ House OKs warnings for travel north of Mexican line

Area within 62 miles would be watched for danger from crossers

AZ House OKs warnings for travel north of Mexican line

PHOENIX – Arizonans used to getting travel warnings about Rocky Point and Guaymas may soon be hearing advisories about Green Valley and Bisbee.

On a voice vote Friday, the state House approved legislation to have the head of the state Department of Homeland Security monitor intelligence from various sources to determine if they indicate “any type of warning about dangerous conditions in regard to illegal immigration activities.”

It allows the director to put out that information “in a manner that will immediately warn the public of the danger.” That can include not only telling the local media but everything from Facebook and Twitter to direct emails to those who have asked to be notified.

Despite the agency’s statewide authority, HB 2586 says the potential danger zone where warnings will be sounded will be limited to just 62 miles from the border.

Although no specific lines have been identified, 62 miles would appear to take in some portions of the city of Tucson.

Keep reading…

77 Percent of Illegals Caught on Mexican Border Were Not Prosecuted

By Edwin Mora

A stretch of fence along the southwest border.

(CNSNews.com) – About 77 percent of the 327,577 illegal aliens caught along the Mexican border by U.S. Customs and Border Protection (CBP) during fiscal 2011 were not prosecuted, according to government data analyzed by the office of Rep. John Culberson.

The Texas Republican, whose district includes parts of Houston, submitted a document containing the data for the record at a Wednesday hearing of the House Appropriations Subcommittee on Homeland Security. The hearing focused on the budget for CBP.

Culberson gave CNSNews.com a copy of the document, which contains prosecution rate figures for illegal aliens apprehended by CBP between FY2007 and FY2011.

According to figures made public by CBP, 327,577 illegal aliens were caught along the southwest border during fiscal year 2011 (Oct. 1, 2010 thru Sept. 30, 2011).

Of those 327,577, only 74,975 (about 22.9 percent) were prosecuted, according to Justice Department data obtained by Culberson, while 252,602 (77.1 percent) were not prosecuted.

Culberson said during the hearing that those who were not prosecuted were “home in time for dinner.”

The Texas congressman said the prosecution numbers came from U.S. Attorney offices along the southwest border. The Department of Justice (DOJ), which oversees the U.S. Attorneys, does not publicize the data on prosecutions of aliens arrested by CBP, but Culberson said during the hearing that his office verified the figures with both DOJ and the Department of Homeland Security (DHS), which oversees CBP.

He also provided a copy of the document to U.S. Border Patrol chief Michael Fisher, who testified at the hearing. Fisher did not dispute the accuracy of the data. Border Patrol is a component of CBP.

The prosecution rate was higher in FY2011 than in the previous fiscal year, when of 447,731 aliens taken into custody, only 16.4 percent (73,263) were prosecuted, leaving 374,468 who did not face any legal repercussions.

According to the data compiled by Culberson’s office, the prosecution rate has increased each year since FY2007, when it stood at 3.9 percent. In FY2008, the rate was 8.5 percent and it increased to 11.1 percent the following year.

The approximately 2,000-mile long U.S.-Mexico border has been divided by DHS into nine Border Patrol sectors. They run from the Pacific Ocean to the Gulf cost in the following order: San Diego, El Centro, Yuma, Tucson, El Paso, Marfa, Del Rio, Laredo, and Rio Grande.

The busiest sector for illegal crossings in FY 2011 was Tucson in Arizona. Of the 123,385 illegals apprehended there last year, only 32,703 (26.5 percent) were prosecuted.

The highest prosecution to apprehension ratio during the year was recorded in El Paso sector, where 66.7 percent of those caught (6,906 out of 10,345) were prosecuted. At the other end of the scale, only 3.9 percent of those apprehended in El Centro sector (1,197 out of 30,191) were prosecuted (see graph).

“God bless the Border Patrol for their efforts, but no matter how hard they try if the Department of Justice will not prosecute, all the Border Patrol agents on the border in the world won’t make a bit of difference,” Culberson told CNSNews.com after the hearing.

“The prosecution rate is the key to border security and in the El Paso and Del Rio sectors, the prosecution rate is near 60 percent and as a result, there are virtually no border crossings,” he said.

“I’m working on ways to help the prosecutors, the judges, the [U.S.] Marshals, [and] the Border Patrol raise that prosecution rate from Brownsville to San Diego so we have near-zero tolerance for illegal crossers on the southern border,” Culberson said.

“As a result the border communities will be safer, the nation will be safer, our laws will be respected, and then we can actually solve the problem of guest workers – because we’ve got to have a guest worker program, but first you got to secure the border.”

During the hearing, Culberson asked Border Patrol chief Fisher whether the low prosecution rate was a “real problem.”

“It’s challenging in some judicial districts,” he replied, but added later that he “wouldn’t characterize it” as a problem “across the southwest border.”

“When you look at prosecution in and of themselves, I would not agree that just increasing prosecutions in these other judicial districts – even if we were able to – would be the right approach, for a variety of reasons none of which I’ll go into now just for the sake of time,” Fisher testified.

“It’s not necessarily the consequence that’s going to give us the operational effect we’re looking for,” he said.

Under existing law an individual caught trying to illegally cross the border can be incarcerated for up to six months, although that is not always the case, according to Fisher.

At the busiest Border Patrol sector along the southwest border, he said, the average time served for an individual who is prosecuted by DOJ is “generally two to three days.”

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