The Border-Patrol Two Deserve Jail (Despite the “hero” propaganda)

National Review ^ | 01/27/2007 | Andrew C. McCarthy

[muawiyah]

The federal statute on use of a gun during commission of a crime is written pretty much like the quite similar Virginia statute.

Interestingly enough, the Virginia statute can be used against any individual present during such a crime, not just the guys with the guns. It can be used against folks who are in the slammer already planning crimes for their buddies on the outside to commit.

Presumably the federal statute follows the same logic. Ergo, the two agent's supervisor, and his supervisor, and all the way up to the President, should be serving the time.

Obviously the sentencing guidelines were not followed correctly and Sutton and his sycophants are being quite disingenuous about how the law should be applied, or, and this is a really big "or", the law does not apply to officers of the law while on duty.

[SirLinksalot]

Andy McCarthy is a patriot and is one of the most consistent supporters of the war on terror.

Also for those who didn't know it, he was the chief prosecutor in the first World Trade Center bombing that jailed the Blind Sheik ( instigator of the blast ).

He is NOT a left wing journalist.

This case has to be looked at on its own merits, based on our rule of law, bereft of ideology.

[Sidebar Moderator]

I like your tagline. However, please remove "Admn," as it is misspelled and I wish to be included anyway.

[PRND21]

And what is your opinion on people who smuggle illegal drugs into this country?

What?!
Your single-mindedness and tactics typify the "Team Tancredo" folly.

[muawiyah]

Simply recall when William F. Buckley went offshore to blow pot.

That'll give you a clue to the real bias at National Review, whether in print or on the net.

They are soft on dope. They are soft on dope runners.

[Msgt USMC]

McCarthy, ya need to check this mornings news. Its full of cover-up by those YOU are defending. Your long winded spin just proves YOUR OWN Liberal bias.

[VeniVidiVici]

This tells me BIAS: Andrew C. McCarthy is a former federal prosecutor

Andrew C. McCarthy directs the Center for Law & Counterterrorism at the Foundation for Defense of Democracies

And now he sucks off the Federal teat.

[muawiyah]

"the chief prosecutor" is the guy who misread the law and came up with a theory that allowed the Blind Sheikh and others involved in that murderous attack to live.

When he found he couldn't come up with the death penalty theory that would stick he should have gone to others for advice.

Since he didn't, I'll have to conclude he's either elementally pig-headed or soft on terrorists.

[jrooney]

Any law enforcement officer that shoots a person, regardless of the crime they may be committing, covers up the scene by picking up their brass cartridges, leaves the scene and the injured without medical assistance, never reports the incident and files a false report, should be convicted. If this was a policeman in a city, no one here would be upset about it but look at the cop as dirty. Since it dealt with border patrol agents, people knee jerk and DO NOT look at the facts. I have no sorrow for these agents.

That being said, the prosecution, should never have gone to Mexico, retrieved the victim, given him immunity knowing he had past criminal behavior.

[NapkinUser]

Uh, you might want to actually read the article, since you seem to have missed the "fact" that it was a jury that unanimously convicted these border patrolmen, not a journalist. And it was a jury that heard testimony and reviewed all the evidence in the case, including from other border patrolmen on the scene, not just taking the word of a drug smuggler.

It was the drug smuggler's word that was the centerpiece of the trail. I would think he'd have an ax to grind. I'd also like to know what the demographics of that jury were and if anyone on their is sympothetic to the views of groups like MALDEF or La Raza. So it wasn't really hard evidence, as the article from WorldNetDaily posted in this thread already shows. Plus we know that a jury convicting on peoples' words isn't always accurate, so I wouldn't take their ruling as any real proof. I take it with a grain of salt. Twelve nobodies can easily be wrong.

Anyone really interested in the truth should read the real facts put out by the U.S. border patrol and posted on FreeRepublic here.

[radar101]

Well, IF YOU read the entire case history, you would know that three jurors wanted to vote "Not Guilty" but were told they had to vote with the majority.

[donna]

And it was a jury that heard testimony and reviewed all the evidence in the case, including from other border patrolmen on the scene, not just taking the word of a drug smuggler.

How many of the jurors got their amnesty in the 1980's?

[steve8714]

National Review always presents both sides of an issue. That which the big business establishment supports, and that which the big business community does not contradict.
Populist and social traditional people gat precious little support from them. We sacrifice all in the name of free trade or "doing the jobs Americans won't do!".

[drjimmy]

Anyone really interested in the truth should read the real facts put out by the U.S. border patrol and posted on FreeRepublic here.

Gotta love Freepers. Unions are Democrat-backing, forced dues-paying, illegal-immigrant loving, freedom-hating, scum-sucking Commies. Oh, the National Border Patrol Council supports these two agents? Never mind.

[donna]

It is elitist snob conservatism versus practical application conservatism.

[Leatherneck_MT]

They could clear this up rather quickly by simply releasing the court transcripts.

Not doing so makes it look like they have something to hide.

[joe fonebone]

well, just because the facts are there, and finally out in print, is no reason for sanity to prevail in this issue. these guys belong in jail.

[radar101]

http://www.americanchronicle.com/articles/viewArticle.asp?articleID=15867

Question: What about the jury? Why did all 12 jurors agree that both Border Patrol officers were guilty?

Answer: They didn't!

Three jurors now say THEY DIDN'T WANT TO VOTE GUILTY and at least two more were disturbed by the verdict.

[Msgt USMC]

The news this morning was that the government withheld evidence in defense of the patrolmen, that forensics proved byound a doughbt that the smuggler wasn't shot the way in which prosecuters say, and more or less raises a big question about corruption on the part of the u.s attorney and his side. McCarthy sounds more like one lawyer defending another.