Jesus Diaz persecution, US Justice Department corruption?, Distortion of Constitution, Where are USDOJ records?, Where is House Judiciary Committee?

From The Blaze October 27, 2011.

“‘Treasonous in Its Actions on the Border’: Beck‘s Passionate Interview
With Imprisoned Border Agent’s Wife”
“Imprissoned border agent Jesus Diaz.

As the Blaze recently reported, Jesus Diaz, a former U.S. border
agent, is serving a two-year prison sentence after being accused of
using excessive force in handcuffing a juvenile drug smuggler back in
2008. Diaz’s detention, which has come under fire from many who
believe that he isn’t guilty of the violence charges waged against
him, has become a hot-button issue.

This morning, Glenn Beck interviewed Diaz’s wife, Diana, on his radio
show to get the entire story, and by the end he was visibly
frustrated.

But before delving into the video of their exchange, let’s review some
brief background information on the case.

Diaz, who is now imprisoned and separated from his wife and six
children, was found guilty of inflicting pain on a known 16-year-old
Mexican drug smuggler in an effort to obtain more information about
where marijuana was being hidden. Authorities also claim that the
former agent kicked the teen and dropped him face-first on the ground.

But these accounts and the charges associated with them have come
under fire (GOP presidential candidate Michele Bachmann has said she
would work toward Diaz’s release). The Examiner has more about the
confusion surrounding the case:

According to the Law Enforcement Officers Advocates Council, the
government’s case is based on false testimony that is contradicted by
the facts. This includes the charge that Agent Diaz was physically
abusive to the then minor “MBE” as noted by court documents and
transcripts that Diaz allegedly put his knee on his back and pulled
back on his handcuffs.
“However, given the time of day during the incident, October 16, 2008
at about 2 a.m. and lack of lighting it would be impossible to have
actually seen much if anything. The agent who stood next to Mr. Diaz,
Marco Ramos testified that he did not see anything that was claimed to
have taken place,” Andy Ramirez, president of LEOAC explained.

A web site has been setup to advocate for Diaz’s release.

In the beginning of his discussion with Diana, Beck said, “I’m sorry
for what this government is doing to you…your family and your
husband.” Diana went on to explain what seems like a tragic story of
justice gone awry.

The Mexican government had apparently filed a complaint following the
incident, which the U.S. government then acted on. In the end, the
16-year-old avoided detention and was apparently sent back to his
homeland. Even more bizarrely, Diana claims that the young man was
brought back to America to testify (with immunity) against her
husband.”
http://www.theblaze.com/stories/treasonous-in-its-actions-on-the-border-becks-passionate-interview-with-imprisoned-border-agents-wife/

From Free Agent Diaz.

“To summarize, U.S. Attorney Johnny Sutton and his minions used an
extremely weak charge, claiming Agent Diaz violated the civil rights
of an illegal alien doper under the color of law. Sutton and his
successor under the Obama Administration then put the full weight of
the Justice Department behind this prosecution, solely to give the
Mexican Government a Border Patrol Agent’s scalp. Law enforcement
officers commonly pull on a perps or suspects handcuffs. If this is
the new standard for a 10 year prison sentence, then all departments
either need to be questioned by the DOJ about this, or they need to
support Agent Diaz’ appeal and his family’s quest for justice.”

 http://www.freeagentdiaz.com/

From the Gateway Pundit April 21, 2011.

“In what appears to be yet another case of the Mexican Government
orchestrating a fake crime against one of their drug smuggling
criminals hauling dope into the U.S., Border Patrol Agent Jesus Diaz,
a 7-year Border Patrol veteran, was convicted in Federal Court on
February 24 of one count of excessive force (under color of law) and 5
counts of lying to Internal Affairs.  He is facing a maximum of 35
years in prison when he is sentenced in November.  Meanwhile, he’s
been in jail since the verdict nearly two months ago.  He’s in
solitary confinement 23 hours per day for his safety. So far, the
judge has refused to allow bond while Diaz awaits sentencing.”
“Diaz was tried in September 2010, but the case ended in a mistrial.
The DOJ tried the case again in February 2011 and this time they got
their conviction, even though federal agent witnesses admitted they
had lied to a grand jury.  The judge did not allow the fact that they
had committed perjury into the second trial.”

http://www.thegatewaypundit.com/2011/04/the-war-on-the-border-continues-the-war-on-our-border-patrol-officers-that-is/

Jesus Diaz Indictment press release:

“U.S. Department of Justice
U.S. Attorney’s Office
Western District of Texas
John E. Murphy, U.S. Attorney

FOR IMMEDIATE RELEASE Daryl Fields, Public Information Officer On the web: www.usdoj.gov/usao/txw/index.html (210) 384-7440

November 20, 2009

DEL RIO SECTOR CUSTOMS AND BORDER PATROL AGENT INDICTED
FOR ALLEGEDLY ASSAULTING A 15 YEAR OLD

United States Attorney John E. Murphy announced that 31-year–old U.S. Customs and Border Patrol Agent Jesus E. Diaz, Jr., stands charged by federal grand jury indictment with deprivation of rights under color of law.
The indictment, returned this week by a federal grand jury sitting in Del Rio, alleges that on October 16, 2008, Diaz assaulted a 15 year old depriving him of his constitutional right to be free from the use of unreasonable force by one acting under color of law.
Upon conviction, Diaz faces up to ten years in federal prison and a maximum $250,000 fine.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
This case was investigated by U.S. Immigration and Customs Enforcement – Office of Internal Affairs and the Office of Professional Responsibility. Assistant United States Attorney Kelly Blackburn is prosecuting the matter for the Government.”

http://www.justice.gov/usao/txw/press_releases/2009/Diaz_ind_DR.pdf

I tried to obtain more information on this case yesterday. Here is what I know thus far, aside from articles on the web.

A. From the press release: “Diaz assaulted a 15 year old depriving him of his constitutional right to be free from the use of unreasonable force by one acting under color of law.”

1. Illegals aliens do not have constitutional rights.
2. The Deprivation of Rights Under Color of Law, Title 18, U.S.C., Section 242, states: “This law further prohibits a person acting under color of law,
   statute, ordinance, regulation or custom to willfully subject or cause
   to be subjected any person to different punishments, pains, or
   penalties, than those prescribed for punishment of citizens on account
   of such person being an alien or by reason of his/her color or race.”    Alien refers to a person visiting from another country legally or legally here on some kind of visa. This is not intended to protect someone in violation of the law.

B. Aside from the press release, I could find no other reference to the Jesus Diaz prosecution. Contrast this to the  Compean and Ramos Prosecution.

http://www.justice.gov/usao/txw/press_releases/Compean-Ramos/index.html

C. Something smells about this. We know the USDOJ cannot be trusted, especially under the control of Obama and Holder.

When I learn more, I will share it.