Mike Cutler’s - Is there Now Hope for Jailed Border Agents?

Good article and worth the entire read. Here is an excerpt from the article. I agree that this over zealous prosecution not only reveals serious flaws in the law but also the Prospector’s office and directly affects National Security.

[Family Security Matters.org] “Reasonable people can certainly argue that the time the agents received was too much, but that is an issue that needs to be taken up with those in Congress who set the sentencing guidelines,” he said.  “My job is to uphold the law.  It’s someone else’s responsibility to determine if it needs to be changed.”

 

What is utterly amazing is that Sutton is seemingly refusing to take any responsibility for the prosecution of the agents.  He reminds me of a child who learns to use the passive voice to describe how a toy may have been broken but does not want to admit his own responsibility.  Awhile ago there was a comedian by the name of Flip Wilson whose tag line was, “The Devil made me do it!”

 

In point of fact, prosecutors have a tool at their disposal known as “prosecutorial discretion.”  An excellent example of such discretion can be seen in decisions by federal prosecutors that illegal aliens need to enter the United States numerous times before they will prosecute them for reentry after deportation, a federal felony.  In New York, many years ago, even when an alien had a criminal conviction and had been previously deported from the United States, generally, unless the felony for which the alien had been convicted involved violence, such aliens were seldom prosecuted for reentry after deportation even though the law concerning that crime made no mention of any requirement that the alien had to have been previously deported a number of times. 

 

For him to say that, “My job is uphold the law.  It’s someone else’s responsibility to determine if it needs to be changed” is utterly wrong.  The ball was entirely in Mr. Sutton’s court.  If the responsibility lies with someone else, I want to know with whom.  Was he following his own beliefs or was he ordered to do this by someone, for example, at the White House?

 

It is also essential to know that the prosecutor failed to provide the jury with vital information concerning the credibility of the drug smuggler, Osvaldo Aldrete-Davila who had been subsequently arrested for smuggling another load of drugs across our nation’s border. 

 

The administration is quick to talk about arrests being down along the Mexican border as evidence that the border is under control.  My personal concern is that other Border Patrol agents now have been intimidated by this case and others like it.  I am also concerned about how the Border Patrol will be able to recruit qualified candidates to do the dangerous vital work that comprises the mission of the Border Patrol, given how these agents have been treated and wrongly prosecuted.  This is a direct threat to our national security.

No tags for this post.