I think this prosecution stinks.
I'm not sure about whose fault it is. Sutton appears to be a Bush appointee and a Texan. No signs of clinton's hand in it that I can spot from the bio.
http://www.usdoj.gov/usao/txw/us_attorney/
Still, the whole thing stinks. It seems to be part and parcel of the administration's determination to placate Mexico, no matter what.
That's not only wrong, it's politically stupid. The two Border Patrol agents are Hispanics themselves. They are our guys; the guy who was shot is a criminal drug smuggler.
It's also politically stupid, because what kind of a message does this send Mexico? Come on in and walk all over us, shoot our agents, chase our National Guard, shoot ranchers who get in the way of your smuggling activities. This is no way to make friends. This is no way to gain any respect from our neighbor to the south.
In this case, perhaps only in this case, I'm willing to say 'its Bush's fault'.
GWB policies in the White House simply mirror his obligations from years of Texas Valley/border politics.
I'm not surprised that a Bush appointee would parrot those same obligations and I do not anticipate any fair evaluation of the case.
These guys are likely to be released as soon as current law allows, but not by any executive action.
Or alternatively, go the barratry route and get Morris Dees and the Southern Poverty Law Center attorneys to get the property for you with a tort suit.