Hump Day Open Thread



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How fortunate for me for you to start this open thread....

JadedByPolitics (Diary) Wednesday, December 17th at 11:50AM EST (link)

Here is the good news story for today

http://gatewaypundit.blogspot.com/2008/12/marine-dad-surprises-his-5-year-old-son.html

You will smile and a little tear will well up in your eye when all those children are chanting USA, USA :-)

A wonderful moment, thanks Jaded. n/t

Vegas_Rick (Diary) Wednesday, December 17th at 12:55PM EST (link)

n/t

“God is great, beer is good and people are crazy.”- Billy Currington

“Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful people with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan ‘press on’ has solved and always will solve the problems of the human race.” Calvin Coolidge.

 

Thanks

Wayne (Diary) Wednesday, December 17th at 6:47PM EST (link)

Jaded. Loved the vid. Oooh Rah.

“Hell, these are Marines. Men like them held Guadalcanal, and took Iwo Jima, Baghdad ain’t s–t”. Maj. Gen. John F. Kelly, USMC, Deputy CG, First MEF

 
 

The new site looks good.

Diogenes314 (Diary) Wednesday, December 17th at 11:57AM EST (link)

I still miss the preview. I don’t know if the spell check in the comment box is new or if I was oblivious before, but good feature. One question-is there a chance for a search function in the future, in case someone wants to make sure their epic new diary isn’t covering something that was discussed for 197 posts the day before? And I think the new look Martin(?) proposed would be cool.

Overall, props to the management and Neil in particular.

 

Well since this is an open thread that had a Scrubs video...

Attack Mode (Diary) Wednesday, December 17th at 12:06PM EST (link)

I found out last night that Scrubs is coming back…except it will now be on ABC instead of NBC….can’t wait to once again watch the master of snark in action….Dr. Cox is the man!!

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

If Cox is the master...

Diogenes314 (Diary) Wednesday, December 17th at 12:33PM EST (link)

House is the Grandmaster.

Just saying.

On that we agree Diogenes...n/t

Attack Mode (Diary) Wednesday, December 17th at 12:35PM EST (link)

n/t

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

 
 
 

I went and saw The Day the Earth Stood Still

uttles (Diary) Wednesday, December 17th at 12:23PM EST (link)

Unfortunately, last night I went and saw “The Day the Earth Stood Still” and let me tell you, it was nothing but propaganda.

I wrote a review of it which is pretty hilarious: http://www.itsmyblog.com/2008/12/church-of-environmentalism-has.html

~~~ www.itsmyblog.com

Still Getting Bombed By Critics

Swamp_Yankee (Diary) Wednesday, December 17th at 12:32PM EST (link)

I hope this is a sign that people are getting sick of preachy “green” movies just like they did of preachy Iraq movies.

 

Saw it this past weekend

woodsman (Diary) Wednesday, December 17th at 1:18PM EST (link)

and I was struck by the blatant “the sky’s falling” message and how evil humans are wrecking things. They took a great movie and destroyed it. Thanks guys.

The left never lets up in their attempts to push their message.

 
 

Why wont Bush pardon the border guards?

Alberta (Diary) Wednesday, December 17th at 12:54PM EST (link)

Im asking as a total innocent. I have no agenda, Im just really uninformed.

Glenn Beck, when he had his show, would talk about these guys and Im sympathetic, although I have also heard that the border guards were not as clean as presented. I do not know the truth.

Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is always right.
Abraham Lincoln

They shot a fleeing man who presented no imminent danger to others in the back.

Leon H. Wolf (Diary) Wednesday, December 17th at 12:58PM EST (link)

It’s really as simple as that.

————
We can’t stop here. This is bat country.

the man

streiff (Diary) Wednesday, December 17th at 1:08PM EST (link)

in question clearly fell in the “needed killing:” category. Lucky for the prosecutor, who AFAIK didn’t prosecute the drug dealer, I wasn’t on the jury.

“What keeps me here is the reek of beer, the ladies and the craic”

Well. . .

Leon H. Wolf (Diary) Wednesday, December 17th at 1:12PM EST (link)

Violating the immigration laws and/or importing drugs into the United States are not yet capital offenses. And even if they were, this wouldn’t mean the police would be privileged to shoot someone suspected of doing them just because they ran away.

I think the jury got this one right, from the legal standpoint, and I’m also fine with the end result.

————
We can’t stop here. This is bat country.

we'll just disagree on this one

streiff (Diary) Wednesday, December 17th at 1:16PM EST (link)

I just don’t have an issue with what they did and I’d never vote to convict them were I on a jury and I’d never give testimony detrimental to them were I a witness. I think Glenn Beck has this one right. They need a commutation or pardon.

“What keeps me here is the reek of beer, the ladies and the craic”

Yeah.

Leon H. Wolf (Diary) Wednesday, December 17th at 1:20PM EST (link)

I’m a law and order guy as the next good conservative, but I am extremely tetchy about the police using deadly force. I’m fine with the police being privileged to use it in certain, well-defined circumstances, but I agree with the law that using it to stop a fleeing suspect who poses no imminent danger to others should not be privileged. Just because you are a cop does not mean you should be able to shoot someone who runs from you.

————
We can’t stop here. This is bat country.

You need to spend some time in TX, within 150 miles of the border

E Pluribus Unum (Diary) Wednesday, December 17th at 1:30PM EST (link)

It is freaking LAWLESS. Leon, you have NO IDEA. You have no idea what kind of task the Border Patrol has on its hands. You have no idea how well-armed, well-organized the druggies are, with the complicity of Mexican police.

It’s real nice to talk about “certain, well-defined circumstances”, but I’m here to tell you, it is the Wild West in border country.

“Just because you are a cop does not mean you should be able to shoot someone who runs from you.” I disagree with that as a matter of principle, but it is a defendable point in the abstract, I suppose. But I also calculate the ‘it was dark’, and ‘druggies are frequently very well- armed’ factors into this specific equation. And i say it approaches a ‘kill or be killed’ scenario. SCREW the fine points of the law.

What the prosecutors did here, by taking a pursuit-with-drugs-involved case, in the freaking Wild West, and fine-pointing it to the point that the cops were the bad buys was itself a moral crime.

That is all.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

5^ EPU. Although I'm nowhere near the southern

janis (Diary) Wednesday, December 17th at 1:34PM EST (link)

border, I’ve got no problem at all with seeing these guys as heroes doing a dangerous job who then got screwed by their “own side.” And putting them in the general population in prison afterward was another huge form of betrayal by America.

 

I've done that for 4 years, EPU.

Leon H. Wolf (Diary) Wednesday, December 17th at 1:37PM EST (link)

Didn’t really change my perspective on this question much. Again, dark place, the guy pulls what you think is a gun but later turns out to be his wallet? I’m more sympathetic to that than to this case, where the clear and unequivocal testimony is that the guy was in headlong flight in the middle of a deserted area. “Being dark” doesn’t change the equation much.

P.S. Southern Texas is certainly no more lawless than Detroit, Baltimore, Memphis, or dozens of other places I could name off the top of my head.

————
We can’t stop here. This is bat country.

What is it you've done for 4 years?

E Pluribus Unum (Diary) Wednesday, December 17th at 2:36PM EST (link)

by ‘I’ve done that’, are you saying you’ve lived in the TX border country for 4 years? When was it?

And by the way, the fact that there are other lawless places does not change the chemistry of the south TX frontier. And I’m sorry, you can’t assume if you are the BP that the area is deserted, and the fact that the trajectory of the wound is side-to-side kinda goes against the head-long flight story, I would think.

It’s a very smelly prosecution, with very, very high stakes. And it has singlehanded served to put the BP on its heels and cause these guys to have second thoughts in the middle of firefights.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

I'm a former Tejas resident.

Leon H. Wolf (Diary) Wednesday, December 17th at 2:46PM EST (link)

And I did not assume that the incident in question was in a deserted area, I read in the trial transcripts that there were no people in the vicinity. I guess it could have been an abandoned metropolitan area, burt the analysis is the same either way. I also seem to recall from the trial transcripts (although I could be incorrect about this) that the bullet hit the individual in the buttocks. That’s running away. If he had turned halfway around to see if he was being pursued, that’s one thing, but you don’t get shot in the hind parts when you’re charging at someone.

————
We can’t stop here. This is bat country.

bullet entered left buttocks

E Pluribus Unum (Diary) Wednesday, December 17th at 3:00PM EST (link)

[i've always wanted a subject like that said that], and lodged in right buttocks. NOT fleeing pell-mell, but apparently turning halfway around. In the dark. In a frontier area that the agents could not assume they were alone in (even if, in fact, they were alone). When many-to-most drug runners are armed.

The doctor conveniently testifies that he was unable to determine the trajectory. There sure did seem to be some interesting testimony from several witnesses. It’s good that you read the transcript. I seem to be unable to locate it on the internet. Does the transcript also tell what information was withheld from jurors, esp regarding the ‘victim’ Davila, and esp ESP regarding the deal the prosecutors gave that criminal? Does the transcript reveal that 3 BP agents were fired after giving substantially different testimony than their original statements? Does it mention that the 3 in question received immunity deals in exchange for their testimony? Does it mention that one of the 3 stuck his head in the van but testifies that he could not smell the 800# of pot?

Too many smelly things with this trial, Leon. WAY too many questions. Smells like a railroad job by a prosecutor with an agenda, and a judge with an agenda.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

Send me an email later

Leon H. Wolf (Diary) Wednesday, December 17th at 3:34PM EST (link)

To remind me to revisit this comment; it deserves a full response, but the short version is that I’m not bothered by any of that, and I find the judge’s rulings to be in accordance with the law.

————
We can’t stop here. This is bat country.

Leon, I think it would be better to respond to Patricia_C's comment..it expands on EPU's and has links....n/t

Attack Mode (Diary) Wednesday, December 17th at 3:36PM EST (link)

no text

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I don't want to sound disrespectful

Leon H. Wolf (Diary) Wednesday, December 17th at 3:59PM EST (link)

But way back when this whole thing first broke, someone suggested to me at the end of a very lengthy (and hysterical) comment that I go read the trial transcript. Well, I am not going to tell you that I read the whole thing, because it is thousands of pages long, but I read a pretty good chunk of it. I specifically paid attention to the evidentiary rulings because that seems to be what gets a lot of people up in the air, and they all seemed in accordance with the law to me. So, having read the original source material, I am disinclined to treat articles written by others (especially WND) as more authoritative on the subject than my own review of the actual trial.

————
We can’t stop here. This is bat country.

No disrespect taken Leon...

Attack Mode (Diary) Wednesday, December 17th at 4:08PM EST (link)

Of course there was also a link to America’s Most Wanted as well…I don’t really know enough about WND to call them credible or not, regardless that wasn’t my point.

My point was that Patricia’s comment was a bit more fleshed out than EPU’s and therefore it would require a more fleshed out response from you and also respond to EPU’s concerns at the same time, thus not requiring a duplicate effort to answer both individually.

On second thought what I would really like to see is a full fledged diary on this that addresses EPU and Patricia’s comments, I know I could not possibly do it justice and that you have no obligation to write one for little ole me, all that said I think it would be a great diary.

Cheers

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

 
 
 

Nah, I know most of all that

E Pluribus Unum (Diary) Wednesday, December 17th at 4:35PM EST (link)

Leon, it’s been quite an open-thread ride, I think I’m good here. The fact that you are satisfied that the legal niceties have been managed adequately is fine – I know you are a lawyer and all. But I still cannot find the transcript, and I’m a fairly resourceful Googler.

My contention remains that it was a vindictive prosecution of a situation that should not be measured in normal, everyday middle-America terms, because it is the Wild, Wild West.

Holding the guy in a white hat to standards suitable in suburban America, buying testimony with immunity, and all that – it reminds me of the rules of engagement in Iraq. What it mainly produces is dead American BP agents.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

EPU...

Diogenes314 (Diary) Wednesday, December 17th at 4:56PM EST (link)

Trial transcripts.

And I think you are going to be less likely to see dead BP agants than ones who don’t leave anyone to testify. In San Diego, it’s shoot first, maybe ask questions later.

Thanks Dio

E Pluribus Unum (Diary) Wednesday, December 17th at 5:07PM EST (link)

I’ll be perusing those this weekend (although not thoroughly, because there’s just so much noise in transcripts). I tend to view border-drug life through the eyes of the San Diego point of view, as you can probably tell.

In the Wild, Wild West, there’s no point in playing by the court-ordered, Mirandized, suburbanized rules of engagement, when the other side not only has machine guns and RPGs, but they are organized, trained in some cases, and backed by Mexican police. It’s either go medieval or get killed.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

POV.

Diogenes314 (Diary) Wednesday, December 17th at 5:28PM EST (link)

And I see police misconduct through a post Sagon Penn ‘lets hunt Steve Foley down and get some payback’ POV. Like I said before, in San Diego county in the last 20 years (since the Jacobs/Riggs shootings) the number of officer involved shootings deemed improper has been zero.

I’m totally behind the police-when they are doing their job properly. When they break the law, they are just like any other criminal, if not worse.

 
 
 
 
 
 
 
 
 

I'll second the lawlessnes of the border area...

AceInTX (Diary) Wednesday, December 17th at 8:32PM EST (link)

especially Loredo where you don’t go as a gringo because of all those kidnapped by the gangs and held for ransom if not raped, robed and killed!

And I can tell you San Antonio is no picnic either on the south and east sides since they are on I-35, east I-10 and I-37 which makes San Antonio ground zero for the drug distribution hub from Mexico.

That said…as someone who has worked 12 years a security capacity guarding essential assets in the military, in law enforcement and in the BOP who is well versed in the use of force If the situation were as simple as Glenn Beck reports it, I would say they should never have been convicted and would say Bush should give them a blanket Pardon.

However…as is often the case in instances like this…it’s not so simple…if it’s true the agents in question tried to cover up the shooting and gave false testimony surrounding the incident then we have to wonder why they didn’t just report it if it was a justifiable shooting.

I think there is enough doubt on both sides of this issue to give the agents a Pardon…who cares what the Mexican Government thinks…ot the thug that got shot in the rear end I think…

However I think the pardon should be conditional based on the attempted cover up and the false statements and these guys shouldn’t be entrusted with a law enforcement job again on the federal level!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 

Does anyone see a dichotomy

Diogenes314 (Diary) Wednesday, December 17th at 1:37PM EST (link)

Between people who claim to be for limited government in D.C. and state capitals, but are willing to carte blanc to the government when represented by a badge and a gun? I would have voted to convict without a doubt. And the only reason they were even charged was because they tried to cover up their crime afterwards anyway, otherwise it would have been their word vs his, and they would have skated.

Well, you've also hit on the reason

Leon H. Wolf (Diary) Wednesday, December 17th at 1:47PM EST (link)

They will probably not receive a pardon or commutation.

————
We can’t stop here. This is bat country.

 

I would normally agree with you where law enforcement is

AceInTX (Diary) Wednesday, December 17th at 9:30PM EST (link)

dealing in America with American citizens…where the rules of engagement differ based on the fact that we’re dealing in some respects with national defense where rules of engagement differ significantly than for an officer in a city dealing with citizens…

I personally believe it’s foolishness to bestow Constitutional rights to non citizens and as such don’t think we can afford to be so strict, especially when you consider the border incursions by Mexican Military and the Federales.

In this case however I can’t get past Ramos and Compion giving false statements and trying to cover things up…but on the other hand I can’t get past the political pressure involved as the Mexican Government sought this prosecution and the political nature of this prosecutor. I also can’t get past what the prosecutor did for and with this drug trafficker and the fact that the drug trafficker was allowed to continue to ply his trade under the Imprimatur of the prosecutor and the immunity he gave him during the trial and investigation.

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 

For what it's worth, how I see it

Neil Stevens (Diary) Wednesday, December 17th at 1:23PM EST (link)

Had they been acquitted for killing foreign drug dealers trying to spread death in our country, I’d not have moped about it.

But they were convicted by a jury. That, to me, says there’s probably something to it.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

True to an extent...

randy streu (Diary) Wednesday, December 17th at 2:30PM EST (link)

But let’s not forget that a jury FAILED to convict OJ.

 
 

When you look at all the facts, justice has not been served.

streetwise (Diary) Wednesday, December 17th at 1:41PM EST (link)

Pardon them.

The facts are that two violent felons are in jail.

Diogenes314 (Diary) Wednesday, December 17th at 1:50PM EST (link)

Screw them.

I am not impressed with your cutey-pie response.

streetwise (Diary) Wednesday, December 17th at 2:09PM EST (link)

The net result of this case is that 2 border guards are in prison for defending the border against a drug runner.

Now I think they should have been fired for excessive force and for fabricating reports. And maybe even convicted of something. Maybe they did their jobs wrong, but they were doing their jobs. To call them “violent felons” is ridiculous.

But a lengthy prison sentence. No way!

Apart from the travails of the two officers (who have been abused in prison), we have sent (yet another) message that our border control is a joke.

You should really travel to the border areas. And should you fall victim to the gangs of drug runners and kidnappers operating out of the border areas, perhaps we should endorse your response to the plight of the guards.

And we gave the smuggler a walk

zuiko (Diary) Wednesday, December 17th at 2:22PM EST (link)

We sure made him a great deal to get him to come back and testify against the border patrol agents. I don’t think these guys are heroes, and they deserved termination, but they didn’t deserve to rot in prison, either. It sends a message to the rest of the BP that they shouldn’t try too hard to apprehend, which is pretty much the intention.

They should have just become corrupt and taken money from the smugglers and coyotes for protection… they would have been in much less trouble if busted.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

If I worked for the Border Patrol,

Achance (Diary) Wednesday, December 17th at 2:26PM EST (link)

I wouldn’t have arrested anyone for at least the last year or so, maybe longer. It’s been obvious for a year or more that their new boss was going to be a Democrat and be vetted by La Raza et al. If I wanted to not be on the transition hit list, I’d be walking along the border passing out food and water and putting up welcome signs.

In Vino Veritas

 
 

And I'm not impressed with your 'government can do no wrong' attitude.

Diogenes314 (Diary) Wednesday, December 17th at 2:53PM EST (link)

I am not impressed with your cutey-pie response.

And I’m not impressed with your ‘government can do no wrong’ attitude.

The net result of this case is that 2 border guards are in prison for defending the border against a drug runner.

No, for shooting an unarmed guy in the back and covering it up.

Now I think they should have been fired for excessive force and for fabricating reports. And maybe even convicted of something. Maybe they did their jobs wrong, but they were doing their jobs. To call them “violent felons” is ridiculous.

No, they were convicted of a violent felony. Get over it.

But a lengthy prison sentence. No way!

Yes, WAY!

Apart from the travails of the two officers (who have been abused in prison), we have sent (yet another) message that our border control is a joke.

No, just that BP agents aren’t above the law.

You should really travel to the border areas.

I grew up in Arizona. Nice try though.

 
 
 

12 of their peers disagreed (nt)

Neil Stevens (Diary) Wednesday, December 17th at 1:54PM EST (link)

_

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

like the OJ Jury

streiff (Diary) Wednesday, December 17th at 1:59PM EST (link)

proves OJ didn’t do it?

“What keeps me here is the reek of beer, the ladies and the craic”

The system is rigged in favor of acquittal

Neil Stevens (Diary) Wednesday, December 17th at 2:02PM EST (link)

I don’t think that comparison illuminates much. An acquittal only says the burden wasn’t met.

But when a jury unanimously says that the case was proven beyond a reasonable doubt, I give it the benefit of the doubt.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

rigged in favor of acquittal?

streiff (Diary) Wednesday, December 17th at 2:16PM EST (link)

It is really rigged in the favor of a prosecutor trying to make a name for himself.

Are you contending that most people arrested are never indicted? And that most of those indicted go free?

“What keeps me here is the reek of beer, the ladies and the craic”

 
 

Strieff, I may have less faith in juries than you,

Achance (Diary) Wednesday, December 17th at 2:16PM EST (link)

but I know government and law enforcement well enough to know that somebody really had it in for those guys. For a gun toter agency to cut loose gun toters and expose them to criminal and civil liability is a very rare thing; there’s a reason in there somewhere and it probably doesn’t have much to do with the scumbag that got shot. I don’t know if it was a good reason or a bad one, but I know somebody in Border Patrol management had to have really had a hard on for one of both of those guys or this would never have happened.

In Vino Veritas

I'd say it is more likely

streiff (Diary) Wednesday, December 17th at 2:19PM EST (link)

that a whitebread USA has political aspirations in a highly Hispanic area of the state and this gets him honorary membership in La Raza.

“What keeps me here is the reek of beer, the ladies and the craic”

I don't doubt that an ambitious USA

Achance (Diary) Wednesday, December 17th at 2:23PM EST (link)

was a factor, but somebody in the Border Patrol or in DHS management should be able to count coup on a USA if they wanted to defend their guys. I’m just saying that its pretty obvious that BP either couldn’t or wouldn’t defend their guys.

In Vino Veritas

or a political decision was made

streiff (Diary) Wednesday, December 17th at 2:26PM EST (link)

outside the local area that in the context of the immigration debate that the Border Patrol/DHS didn’t want to be seen as bad guys.

“What keeps me here is the reek of beer, the ladies and the craic”

I'd hate to think that the GWB Administration

Achance (Diary) Wednesday, December 17th at 2:38PM EST (link)

was that cynical towards somebody that far down the chain. Now, a Democrat would flush a low level employee in a heartbeat for political gain; been there, done that. But, with as little control as the Administration exercised, could have happened.

In Vino Veritas

Re GWB admin- aka Biff & Buffy get hustled at the pool hall!

streetwise (Diary) Wednesday, December 17th at 3:22PM EST (link)

Not a surprise!

 
 
 
 
 

I wouldn't call them a gun-toting agency

zuiko (Diary) Wednesday, December 17th at 2:24PM EST (link)

I don’t think they have had all that much interest in enforcement for a long time, especially at the top levels. They aren’t held accountable at all for lax enforcement… in fact they are rewarded with a bigger budget and more employees. No big surprise that they don’t want to try too hard.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 

Achance...as I understand it...the pressure came from the Mexican Government to the State Department

AceInTX (Diary) Wednesday, December 17th at 9:45PM EST (link)

who rolled the steaming pile of manure down to the persecutor to slam these guys…Your right…there was a hardon for these guess and it originated in Mexico!

I’ve said a couple times I have a problem with them covering up and making false statements and if they were tried and convicted on those points I don’t think there would be an issue…in fact I’d have cheered it…

Where I keep coming up short and why I think these guys deserve to be pardoned with extreme conditions attached is the idea that we can sit back in a federal court and second guess whether BP agents did or did not believe they were in danger the second they pulled the trigger…

Pardon them for the shooting and take away their ability to carry a firearm as a law enforcement officer or any any other capacity for the federal government and leave it at that!

There’s also a part of me that says the BP agents that are still out there and haven’t been convicted…learn to be better shots and make sure the next time you draw on a suspect on the border…shoot center mass and make sure there is no one to file a complaint with the Mexican government and put you in legal jeopardy for doing your job!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Good point

David123 (Diary) Wednesday, December 17th at 10:03PM EST (link)

It’s easy to sit back in a court room with all the time in the world and come up with a correct course of action.

Out in the real world, where seconds count, people have to make snap decisions – and they won’t always decide correctly.

A policeman who shoots someone improperly is probably not a criminal – however, there is a good chance that he should be dismissed from the police force.

David123

5*5*5*5*5*5*5*5

AceInTX (Diary) Thursday, December 18th at 11:24AM EST (link)

nt

z

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 
 

No, it just shows

Diogenes314 (Diary) Wednesday, December 17th at 2:25PM EST (link)

That when you ignore police misconduct and suborn police perjury in order to get your man, you might not get the result you wanted. Personally I’d rather have seen Simpson, Clark, and all the officers who testified that they only broke onto his property because they were “worried about his safety” in prison together. Since that could never happen, acquittal was the only recourse.

 
 

Really?

Patricia_C (Diary) Wednesday, December 17th at 6:04PM EST (link)

“According to the National Border Patrol Council, “Three of the 12 jurors later submitted sworn affidavits alleging that they had been misled into believing that there could be no dissent in the decision of the jury, and that the minority would have to accede to the will of the majority. Despite this cloud over the propriety of the process, the judge refused to overturn the verdict.”

In other words, the best you can say is 9 peers disagreed… but that’s allowing for the belief that, of the 9 remaining who were not compelled to actually take the time to submit sworn affidavits, no one elsel felt pressured to “accede to the will of the majority” as well, even though they believed the men to be innocent.

http://www.amw.com/features/feature_story_detail.cfm?id=1369

“Even when you fall on your face, you’re still moving forward.”

I don't think any of the 12 jurors wanted them in prison for 10+ years

pilgrim (Diary) Wednesday, December 17th at 10:02PM EST (link)

The jurors did not have a choice about which charges were leveled against these two. The prosecution did, and they deliberately charged them with crimes that carry a mandatory minimum sentence. They could have been charged with lesser crimes and justice would have been better served.


Activists Taking Action: Unified Patriots

 
 
 
 
 

Most force continuum policies allow

Achance (Diary) Wednesday, December 17th at 1:36PM EST (link)

deadly force to be used against a fleeing felon if the officer witnesses the felony. Some allow deadly force to secure compliance with an order, e.g., Stop! So, it would be fact specific as to whether it was a permissible use of force. Apparently, the BP refused to consider the act as within the scope of their duty and left them open for prosecution.

It was always a good tool to use with unionized law enforcement officers; you’d just threaten not to indemnify them if they fought discipline or discharge. It was a good way to get a resignation for “personal reasons.” I haven’t specifically looked at the BP, but most law enforcement agencies have their force policy set up so that if the officer acts within policy, the Agency indemnifies him and substitutes itself as the defendant in any civil claim. If the Agency concludes that he didn’t act within the scope of his authority, then they cut him loose making him potentially liable both criminally and civilly.

In Vino Veritas

That's really not accurate.

Leon H. Wolf (Diary) Wednesday, December 17th at 1:40PM EST (link)

Deadly force can be used to *stop the commission* of certain “dangerous” felonies (so in other words, not perjury). Deadly force is generally not privileged to stop *fleeing the scene of a felony* unless the police officer has a reasonable belief that the fleeing felon poses an imminent danger to others. Some force yes, deadly force no.

————
We can’t stop here. This is bat country.

I should be clearer

Leon H. Wolf (Diary) Wednesday, December 17th at 1:48PM EST (link)

I don’t really know what most PD policies are, I just know what the law on deadly force is. If there are PD policies that don’t line up pretty much exactly with that law, that seems pretty reckless and irresponsible, but I’m not ruling it out.

————
We can’t stop here. This is bat country.

 

Policies vary from jurisdiction to jurisdiction.

Achance (Diary) Wednesday, December 17th at 1:50PM EST (link)

Whatever the BP’s force policy allowed, obviously the BP concluded these guys didn’t follow the policy or they wouldn’t have been prosecuted.

We’ve had a couple of very high-profile and controversial “good shoots” here by officers using deadly force to secure compliance. I don’t like it, don’t think it is good public policy, but it is the policy and State Troopers have been indemnified on these shoots even though the object was merely a suspect.

In Vino Veritas

Civil indemnification is one thing

Leon H. Wolf (Diary) Wednesday, December 17th at 1:56PM EST (link)

Criminal prosecution is another entirely, and the criminal law does not give a squat if department policy was complied with.

————
We can’t stop here. This is bat country.

 

Here in San Diego...

Diogenes314 (Diary) Wednesday, December 17th at 1:58PM EST (link)

Since the mid eighties when a punk was acquitted after shooting two cops we have had one of the highest ratios of officer involved shootings to population in the nation. So far, exactly none have been deemed improper in over twenty years.

Law officers, I support totally. Criminals with badges, not at all.

 
 
 

Does this include suspected felons?

Diogenes314 (Diary) Wednesday, December 17th at 1:43PM EST (link)

At the time, they didn’t know for a fact that the guy was a dealer or even an illegal. Just that he was suspicious and running away. Or is it retroactive-shoot anyone you want, but if you can’t pin something on them afterwards you’re screwed?

Just curious.

so you aren't objecting to what they did

streiff (Diary) Wednesday, December 17th at 1:57PM EST (link)

you’re objecting to what *you* think they knew when they did it.

“What keeps me here is the reek of beer, the ladies and the craic”

No on both counts.

Diogenes314 (Diary) Wednesday, December 17th at 2:07PM EST (link)

It isn’t even challenged that they didn’t know the guy’s identity at the time, just that he was suspicious. And I am opposed to shooting unarmed people in the back in general, I was just asking for clarification from the previous post.

They thought he was armed

zuiko (Diary) Wednesday, December 17th at 2:26PM EST (link)

People do make mistakes. The only way to know for sure if someone is armed or not is to wait until you are hit by the bullets. That’s not really an acceptable burden of proof for a LEO to have to meet.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

They said they thought so.

Diogenes314 (Diary) Wednesday, December 17th at 3:03PM EST (link)

And if they hadn’t tried to cover up they would have been believed.

I think the extent of how they were hung out to dry

zuiko (Diary) Wednesday, December 17th at 3:36PM EST (link)

Explains why they weren’t so eager to fess up after the fact.

I have yet to see an alternate theory that would explain why they would have shot the guy if they believed him to be unarmed. If you want to claim it was a business dispute gone bad, let’s see the evidence. If you want to claim there was a revenge motive, let’s see the evidence. If you want to claim they just shot him because they just felt like it, well, that seems like a much less plausible theory than believing the guy had a weapon, at least to me.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

Particularly if neither one had a record of behaving in such a fashion previously. n/t

janis (Diary) Wednesday, December 17th at 3:40PM EST (link)

Beats me.

Diogenes314 (Diary) Wednesday, December 17th at 4:03PM EST (link)

If you want to claim they just shot him because they just felt like it, well, that seems like a much less plausible theory than believing the guy had a weapon, at least to me.

Maybe they were annoyed because he was making them dchase him? If he ever had a gun, or if he didn’t and they “thought he did”, the only reason they were convicted is because they covered it up.

So if the guy had a gun, what happened to it?

Diogenes...if it is only the cover up that is the problem...

Attack Mode (Diary) Wednesday, December 17th at 4:12PM EST (link)

What would be a realistic punishment for that? Is years in Federal PMITA prison and a felony conviction realistic for what amounts to nothing more than CYA on bad judgement call? Just wondering.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

Not what I was trying to say.

Diogenes314 (Diary) Wednesday, December 17th at 4:41PM EST (link)

Maybe I’m being opaque.

99% of the time when an accused (or in this case, the victim/suspect/guy with a bullet in his butt) and the authorities have different stories, the jury takes the LEOs word as gospel. It was the cover up (and the fact that they never produced the mystery gun) that ruined their credibility and led to their conviction. It was a matter of he said/they said-where he had a gunshot wound and they were on the record as being dishonest.

"He lied when questioned"

zuiko (Diary) Wednesday, December 17th at 4:47PM EST (link)

Does not get you past reasonable doubt. It doesn’t even get you close. There are plenty of reasons to lie to law enforcement. It doesn’t have to be because you shot a man just to watch him die — or in this case, bleed out of his rear — and want to cover it up.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 

Yeah you are being opaque Diogenes...

Attack Mode (Diary) Wednesday, December 17th at 4:55PM EST (link)

So I will be clear and expect a clear answer.

If Compean and Ramos believed that Aldrete-Davila had a gun and shot him and then found out he didn’t indeed have a gun, and then proceeded to cover up that, what would be a proper punishment?

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I'll try again...

Diogenes314 (Diary) Wednesday, December 17th at 5:09PM EST (link)

If Compean and Ramos believed that Aldrete-Davila had a gun and shot him and then found out he didn’t indeed have a gun, and then proceeded to cover up that, what would be a proper punishment?

Whatever the statute dictates, certainly less than 10 years. But my point is that it was just their word that they ‘saw a gun’ that mysteriously vanished, and their credibility was nil on that due to the cover up.

Better?

This is the problem I have Diogenes...

Attack Mode (Diary) Wednesday, December 17th at 5:38PM EST (link)

But my point is that it was just their word that they ’saw a gun’ that mysteriously vanished, and their credibility was nil on that due to the cover up.

You say that the gun “mysteriously vanished”, to me it is very plausible that since Aldrete-Davila made it to the banks of Rio Grande river after being shot by Ramos he could have easily disposed of the weapon in the river or thrown it to the Mexico side of the border.

Additionally I find it odd that you are taking a convicted drug smugglers word over the word of an agent of the state. I understand your argument that we shouldn’t immediately trust agents of the state to be honest, but you also have put trust in USA’s office which is also an agent of the state.

So at what time is it ok to trust the agents of the state, and at what time should we not trust them?

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I'm not taking anyone's word.

Diogenes314 (Diary) Wednesday, December 17th at 6:15PM EST (link)

I find it odd that you are taking a convicted drug smugglers word over the word of an agent of the state. I understand your argument that we shouldn’t immediately trust agents of the state to be honest, but you also have put trust in USA’s office which is also an agent of the state.

So at what time is it ok to trust the agents of the state, and at what time should we not trust them?

Mearly pointing out that the only reason the jury didn’t take their word as gospel is the coverup. And no, I don’t trust the USA’s office either. There are a lot of actions of his I disagree with-but none of them have any bearing on the case, as the appellate court agreed. If you want to argue for eliminating 18 U.S.C. 924 (c) or legally exempting government officials, fine. Personally, I’d like to see all anti-polygraph laws overturned, then police perjury and prosecutorial subornation would be deterred if not eliminated.

Obviously you aren't arguing the merits of anything at all...

Attack Mode (Diary) Wednesday, December 17th at 6:52PM EST (link)

you are just being contrarian just for the sake of being contrarian. No argument would be enough for you, i got it.

Have fun with that.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

 
 

At what time should we not trust them?

birdmojo (Diary) Wednesday, December 17th at 6:17PM EST (link)

If it is happy hour somewhere, then it is an appropriate time to not trust the agents of The State.

Man is free at the moment he wishes to be. –Voltaire

Agents of the state

zuiko (Diary) Wednesday, December 17th at 6:24PM EST (link)

Prosecuted the men, arranged for the testimony against them, and then sentenced them. That expression would be much more fitting applied to the machinery that put them in prison for 20 years than the men who are now locked up.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

That's the great thing about "always".

birdmojo (Diary) Wednesday, December 17th at 6:48PM EST (link)

You get to not trust the prosecutors *AND* the judges as well.

Though I suppose I could give an answer similar to answers I’ve heard in discussions regarding The War On Drugs and say something to the effect of “What, are you saying that you don’t trust these duly appointed civil servants who were appointed by duly elected representatives of The People? East Germany is right over there, dude. They’ll let you in (dunno if they’ll let you out, though)!!! Love it or leave it!”

For the record, I fully and wholeheartedly agree that the prosecution of these guys was politically motivated and had everything to do with “sending a message” and nothing to do with “justice”. I’d merely also like to point out that that doesn’t necessarily also mean that they aren’t guilty.

Man is free at the moment he wishes to be. –Voltaire

Political prosecutions

zuiko (Diary) Wednesday, December 17th at 11:26PM EST (link)

Are pretty suspect. Sure, they aren’t all bad, but it isn’t hard to end up with case of Nifong syndrome in a case like this. Who, by the way, got an entire day in jail for his outrageous and premeditated abuse of the public trust for his own personal gain. One guy sets out to destroy the lives of several innocent people so he can get reelected and gets off. Another guy shoots a scumbag drug smuggler who he thought was armed (and may even have been) and gets 20 years. That’s justice. I guess it pays to be a lawyer.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 
 
 
 
 

What cover up?

Patricia_C (Diary) Wednesday, December 17th at 6:35PM EST (link)

Davila himself was the key witness in the case and authorities have admitted that Davila lied on the stand,

And, even though the appeals court vacated their convictions of “tampering with an official proceeding”, the three-judge panel refused to reverse the convictions that resulted in the lengthy sentences of Compean and Ramos.

I’m sorry… but I just do not see a lot of facts in your argument. I see only vague statements.

With all due respect, perhaps a few links to some concrete evidence, rather than opinion based on the testimony of the drug smuggler himself, would sway me to see things your way. Until then, I will base my position of the facts I have found regarding this matter.

“Even when you fall on your face, you’re still moving forward.”

 
 
 
 

Too bad they didn't just release state secrets to the NYT

zuiko (Diary) Wednesday, December 17th at 4:48PM EST (link)

They might have just got a book deal out of it as punishment.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 
 

Seems like a pretty dubious theory to me

zuiko (Diary) Wednesday, December 17th at 4:14PM EST (link)

Unless there is witness testimony about them talking about shooting perps just because they made them break a sweat. Or a track record of similar behavior. The most plausible theory is that they thought he had a gun and he didn’t. That happens. It is impossible to be completely sure if the guy you confront in the dark has a real, loaded, working weapon or something that resembles a weapon. Mistakes do happen.

And who is to say these guys wouldn’t have received the same treatment if they fessed up? The crimes they were convicted of would have been just as applicable had they told the truth about it from day one.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 
 
 
 
 

Just curious

Patricia_C (Diary) Wednesday, December 17th at 6:22PM EST (link)

You keep claiming the man was “unarmed” and that he was “shot in the back”?

What proof do you have of this… other than the testimony of the “suspected” drug smuggler”? What proof do you have that this man was NOT armed at the time?

And,

How do you explain the testimony of TJ Bonner, the Army doctor who treated Aldrete-Davila (on the taxpayer’s dime).

According to Dr. Bonner, the entrance wound was on the left side of Aldrete-Davilawas’s left butt-cheek. Not, “in the back”, as you repeatedly claim.

The bullet was found lodged in the right leg. The entry wound and bullet location after is not consistent with someone “fleeing” but rather with someone who stopped, taking the “bladed stance,” and pointed a gun at someone with their left-hand.

Aldrete-Davila is, in fact, left-handed.

How do you suppose Compean and Ramos knew to testify that Aldrete-Davila aimed something “shiny” with his left hand to be consistent with the fact that the man is, in fact, left handed?

Again… Just curious.

“Even when you fall on your face, you’re still moving forward.”

Ah, the good old "consistent with" expert testimony.

Leon H. Wolf (Diary) Wednesday, December 17th at 8:37PM EST (link)

The thing about trial experts is that they learn early on that this phrase, which really only means “is one possible explanation for,” sounds to the jury and lots of laypeople like “I have determined most likely based on scientific principles that this is what happened.”

You know what else a bullet that passes through the left buttock into the right buttock is “consistent with”? A guy who is running away who turns to look over his left shoulder while he is being pursued. This is why you get the “no opinion to a reasonable degree of certainty” from the forensic ballistics guy that has everyone believing somehow that he’s part of the conspiracy.

Also pretty persuasive evidence that he did not have a gun is that when the cops *shot at him* (indicating they intended to kill him) he didn’t return fire. Also the fact that no one has yet to find a gun linked to Davila at the scene.

And as far as the testimony of Compean and Ramos, well. . . if you lie on an official document, it’s pretty hard to convince a jury that you’re being truthful on the stand.

As far as the subsequent and prior conduct of Davila, it’s all totally and utterly irrelevant to what the officers knew at the time, which is the only thing that matters when assessing whether the officers were privileged to use deadly force. The fact that they learned later that he was a scumbag, or even a scumbag they knew lots about, is irrelevant.

————
We can’t stop here. This is bat country.

 

With all due respect Patricia, a quibble

Jack_Savage (Diary) Wednesday, December 17th at 9:10PM EST (link)

And maybe someone could back me up on this – if Davila was left handed, and was taking a “bladed” stance toward his target, would the entry wound not be on the right side, with the bullet lodging in the left leg? Or in other words, the forward foot is opposite the hand the gun is in…right? This is opposite of what happened.

Gosh, for a minute I felt just like “Monk”.

PS – FWIW I think a pardon is in order.

Correct

baseketball (Diary) Thursday, December 18th at 11:30AM EST (link)

In “bladed stance,” non-dominant foot is closer to the target. So, for a lefty to be shot from left to right in bladed stance, he would have to have been shot from behind at about a 30 degree angle.

WRT the "bladed stance" argument

Attack Mode (Diary) Thursday, December 18th at 11:41AM EST (link)

My understanding is that the bladed stance is any stance where you are at a perpendicular angle to your target. What both you and Jack are actually describing is the weaver stance.

Regardless of all of that though, I don’t expect a illegal alien drug smuggler to be using proper techniques when running away from the border patrol. It would be completely natural for some fleeing, who is left handed to reach back with his left hand only to fire, thus exposing his left buttocks as the target. Infact that makes much more sense than to come to a complete stop and take a proper weaver stance.

Just saying.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

Good Point

baseketball (Diary) Thursday, December 18th at 11:52AM EST (link)

I neglected to note the difference between “bladed” and “weaver.” And I agree that he would be much more likely to fire by twisting to his left and looking over his shoulder. Unfortunately, the cover-up attempt ruined their credibility so the jury didn’t believe them.

I understand that basketball...

Attack Mode (Diary) Thursday, December 18th at 12:10PM EST (link)

But my point is that a pardon can be used to right that wrong…in fact that is the entire point of pardons. What Ramos and Compean are serving time for is a “bad shoot”. If evidence is there that it wasn’t really a bad shoot and Ramos and Compean merely screwed themselves because they got freaked that they were gonna go down for a “good shoot” because the bad guy managed to ditch his weapon on the Mexico side of the Rio Grande, all they should really be punished for is a procedural error. I think the last 3 years in Federal PMITA prison is good enough for a procedural error.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I agree

baseketball (Diary) Thursday, December 18th at 12:21PM EST (link)

“What Ramos and Compean are serving time for is a “bad shoot”. If evidence is there that it wasn’t really a bad shoot…”

Unfortunately, as far as I’m aware (although I haven’t done a ton of research on this) there is no evidence that it wasn’t really a bad shoot. There is speculation, but no actual proof. On the flip side, there is no evidence that this WAS a “bad shoot” either, just the word of, like said, a drug smuggler and general all-around scumbag.

I’m in two minds about this I guess, given what I know about the case, were I on the jury, I would have voted to acquit, as it seems to me there is certainly reasonable doubt. By the same token, I generally oppose pardons because I have an issue with the whole pardon system, by which the President or Governor (not in this case, just in general) can essentially nullify any trial that (s)he doesn’t like the result of.

So the dilemma to me seems to be, prevent a seeming miscarriage of justice by essentially overruling the legal process, or allow a seeming miscarriage of justice in order to respect the legal process?

I can respect that Basketball....

Attack Mode (Diary) Thursday, December 18th at 12:36PM EST (link)

My only question is should we really be respecting a legal process that seems to be broke at the least and possibly corrupted by politics and foreign relations at the worst. Take a look at Patricia_C’s links down thread for a little more perspective, if this interests you.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I understand your point

baseketball (Diary) Thursday, December 18th at 12:52PM EST (link)

But at the same time, if your concern is that politics and foreign relations are influencing the trial, isn’t the President, who has more political and foreign relations pressure than anyone else in the country, the absolute last person you want to have involved? Especially in a jury trial?

Baketball....

Attack Mode (Diary) Thursday, December 18th at 1:05PM EST (link)

I think the President should stand up to correct an injustice perpetrated by a politically motivated US Attorney’s office because he is the only one who can. Pres. Bush would not be making a political judgment on the matter, he would be countering a political witch hunt. The President would be standing up to those political and foreign pressures.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

I Respect Your Position

baseketball (Diary) Thursday, December 18th at 1:51PM EST (link)

Although in the end I disagree.

That's cool basketball....

Attack Mode (Diary) Thursday, December 18th at 1:55PM EST (link)

We can disagree…I would bet we agree on more than we disagree….besides this is a side issue…not a make or break for me either way…I just think these guys got a raw deal and the example it puts forth to other BP agents is to not try too hard at their jobs.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

I can't speak for all jurisdictions but even if you witness the felony

AceInTX (Diary) Wednesday, December 17th at 10:03PM EST (link)

and order a fleeing suspect to halt there are not grounds to fire if he refuses to stop unless the officer has reason to believe the suspect has the ability to cause additional harm to property or others if he is allowed to go free.

The rules generally is in order to justify the use of force a suspect has to show intent and ability to cause severe harm to yourself, to others or property.

Again, jurisdiction is everything but far as federal law enforcement is concerned I think this is a uniform standard governing the use of deadly force.

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Oh..I missed one...a suspect has to show intent, ability and opportunity

AceInTX (Diary) Wednesday, December 17th at 10:05PM EST (link)

to cause grievous bodily harm upon yourself, others or property in order to legally employ deadly force.

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 

I have to agree Leon, which is why I oppose a

Mike gamecock DeVine (Diary) Wednesday, December 17th at 1:40PM EST (link)

pardon. I could live with a commutation of sentence.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 

It depends on whether you believe the BP agents...

AceInTX (Diary) Wednesday, December 17th at 8:19PM EST (link)

They say they thought he had a gun when they shot him. The lying drug smuggler said he didn’t…

Then you get into the question of whether you can believe the agents because they tried to cover up the shooting…that makes it more difficult!

Then you throw in the Prosecutor gave the smuggler blanket immunity and he was caught using it to smuggle drugs in using his visa which was given to him so he could go freely back and forth to testify…

I’m sympathetic to the Agents but the fact they tried to cover up the shooting and gave false statements causes me to question what I’d do…I think, were I bush is to pardon them while stripping them of their career status as a federal employee and put a block on any federal law enforcement agancy to prevent them from working in that capacity again!

Assuming of course Bush has the authority to do the last part as I described it of course.

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 

pardon the border guards

rollinsonford Wednesday, December 17th at 2:53PM EST (link)

Anytime a person is within 10,20,50,take your pick, miles of the border and they run from law enforcement; it should be mandatory that law enforcement officers shoot to stop the fleeing person. If they miss, they should be docked a certain percent of pay until they show the necessary accuracy and shooting ability on the range!!

Why give our country over to smugglers, dope runners, murderers,rapists and whatnot? If there’s no reason to run, don’t run!

No amnesty!

The next drug runner

izoneguy (Diary) Wednesday, December 17th at 3:09PM EST (link)

might not be so lucky as to only be shot in the butt.

The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.

 

Go spend some time hanging out with cops.

mbecker908 (Diary) Wednesday, December 17th at 3:13PM EST (link)

You’ll change your opinion pretty quickly.

A joke a cop told me once.

birdmojo (Diary) Wednesday, December 17th at 3:24PM EST (link)

A guy gets pulled over for rolling through a stop sign.

He tells the officer “hey, I slowed down! It’s the same thing!”

“Kindly step out of the car, sir.”

The policeman starts beating the guy with the nightstick. WHAM WHAM WHAM WHAM WHAM. He asks the person on the ground “Sir, would you like me to slow down or would you like me to stop?”

Man is free at the moment he wishes to be. –Voltaire

Based on most of the cops I know

mbecker908 (Diary) Wednesday, December 17th at 3:32PM EST (link)

(who happen to be fairly close acquaintances) the story was probably not a joke.

I left out some whams.

birdmojo (Diary) Wednesday, December 17th at 3:33PM EST (link)

For the record.

Man is free at the moment he wishes to be. –Voltaire

 
 
 
 
 
 

This is a hotly debated issue

Patricia_C (Diary) Wednesday, December 17th at 3:26PM EST (link)

Personally (although I respect the position of others who disagree) I am on the side of the Border Guards.

As for this story in particular:
The van Aldrete-Davila was driving tripped sensors on the border at a known drug smuggler’s route as it entered the US. At the scene where the van crossed the border, Compean discovered footprints and drag marks, a well known sign to border agents that a load of drugs has just been smuggled across the river. Spotting a vehicle leaving the scene, Compean radioed the vehicle’s description to agents covering the road ahead.
During the chase that followed, Aldrete-Davila ignored the Border Patrol cars and the flashing emergency lights signaling him to stop. In his attempt to get away, Aldrete-Davila ran red lights, failed to stop at a stop sign and violated speed limits, as he headed the van back south to Mexico.

Where some feel the drug smuggler posed no threat to anyone, I simply do not agree. Ask any police officer who has been involved in a high-speed chase if there is no serious threat posed to others by a car speeding through stop signs and red lights.

In the end, their “suspicion” of smuggling turned out to be correct, when the abandoned van was found to hold 750 pounds of marijuana with an estimated street value of $500,000.

I also find it interesting that after abandoning the van and wrestling with Compean in a ditch, when Aldrete-Davila fled back across the border on foot, there just happened to be a car waiting for him on the other side of the border.

As for Aldrete-Davila being shot “in the back”…

According to TJ Bonner, the Army doctor who treated Aldrete-Davila, the entrance wound was on the left side of Aldrete-Davilas’s left buttock, and the bullet itself was found embedded in his right side. That entry wound is not consistent with someone fleeing with their back to someone but rather the kind of wound someone would receive if they were taking the “bladed stance,” pointing a gun at someone.

The fact that the entry wound was in the left butt-cheek and the bullet lodged in the right leg, this would be consistent with someone firing a gun held in his left hand. Bonner also stated for the record that Aldrete-Davila is, in fact, left-handed.

At the trial against the Officers, the prosecution portrayed Aldrete-Davila as a victim, an innocent Mexican with no experience smuggling drugs who was “pressed into this one incident because he lost his commercial driver’s license in Mexico and needed money to buy medicine for his sick mother.”

The fact that Aldrete-Davila’s was later convicted of smuggling over 100 kilos of pot into the US sort of destroys that whole “innovent victim” thing quite nicely.

After sentencing, Congressman Rohrabacher said Aldrete-Davila’s sentence was long overdue. He claims U.S. Attorney Johnny Sutton, who prosecuted the agents, ran a false campaign that Aldrete-Davila was a one-time offender, and issued the following stament.

“The fact that Sutton’s office knew Davila was a multiple offender prior to the Ramos and Compean trial and moved to keep that information from jury in order to punish the good guys procedural mistakes, is an absolute disgrace”

http://www.amw.com/features/feature_story_detail.cfm?id=1369

I am sorry if this response is a bit lengthy… I simply hoped to shed a bit of light on the matter.

To learn more facts of the case and make your own determination, feel free to follow the links below as they are two of the best I have found so far at revealing the WHOLE truth.

http://www.worldnetdaily.com/index.php?fa=PAGE.printable&pageId=44776

http://www.amw.com/features/feature_story_detail.cfm?id=1369

“Even when you fall on your face, you’re still moving forward.”

Thanks patricia_C...that was enlightening....

Attack Mode (Diary) Wednesday, December 17th at 3:34PM EST (link)

Stubborn things those facts.

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

Thank you, Aaron

Patricia_C (Diary) Wednesday, December 17th at 5:05PM EST (link)

I have been following this case since the beginning.

Even with all of the evidence:

… that this man was caught sneeking across the border in a van at a known drug smuggling point.

… that upon inspection, the site had the tell-tail signs of fresh “drag marks” familiar to officers involved with caases of drug smuggling

… that upon being spotted the man fled rather than stopping as he was instructed

… that he sped through Texas streets running stop signs and red lights with the parol car lights flashing behind him all the way

… that he faught with one border agent in a ditch

… that both agents testified they thought he held a gun in his “left hand”

… that forensics proved the man’s wound to the butt was consistent with someone who was standing to the side in the “blade stance” in order to fire a weapon with their left hand

… that this man is indeed left handed

… that law enforcement officials familiar with this man he had been a source of problems for them in the past

… and that this man was arrested, indicted and convicted for smuggling drugs after this incident…

There are those who still cling to the argument that he was an unarmed, innocent victim who was shot in the back as he fled for his life from gun-crazed border agents…

In cases such as this, I thank God repeatedly for His blessing called Karma

“Even when you fall on your face, you’re still moving forward.”

Well I didnt intent to start such a large discussion Im glad I did

Alberta (Diary) Wednesday, December 17th at 7:54PM EST (link)

As I stated at the top, I knew almost nothing about the situation other than what I had heard months ago on the GB show.

This read was actually quite enlightening. Im probably inclined to still pull for the border agents, after reading Patricias post. Although Leon makes a persuasive point.

Does anyone know why they tried to cover it up? The reason the agents gave, I mean. It seems strange.

Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is always right.
Abraham Lincoln

 

All these facts scream of a righteous shooting

AceInTX (Diary) Wednesday, December 17th at 10:19PM EST (link)

this is why I support a pardon…but it should be with conditions that these guys not work in federal law enforcement again.

I have no doubt Davila is guilty on all counts and I believe the agents saw him as stated here…the question in my mind is why the tried to cover up a justifiable use of force and gave false statements.

That said…I think their crime is stupidity for not following the legal process of reporting the shooting and the circumstances but I think they are innocent of a criminal shooting and it’s a travesty that they are in prison for the time they were given!

Oh..and mark this name well and don’t forget it…U.S. Attorney Johnny Sutton…I’d almost bet $100 dollars to a box of donuts that we will see him as the deputy director of the FBI or in some such position in the next ten to 15 years as a reward for carrying the water for the State Department and the Mexican Consulate!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 

Thank you for bringing some factual info to this disscussion

olsmithie (Diary) Wednesday, December 17th at 8:32PM EST (link)

Apparentl,y a lot of folks have been reading the NYT to become experts on the case.

Regards

 

Badges of Dishonor

Diogenes314 (Diary) Thursday, December 18th at 3:03PM EST (link)

Since this is getting a tad long I started a new diary here. Hopefully it answers all the questions left standing. And doesn’t take as long to load. And isn’t to long. And doesn’t annoy people too much.

Okay, the last is just the Audacity of Hope.

 
 
 

Interesting news bit from Fox

jdub19 Wednesday, December 17th at 1:18PM EST (link)

Parents of John Walker Lindh asking the POTUS to release their son early…

Will Bush do this before he leaves office?

He’d better not…..let him rot.

” Got to love the Lord for making things like that.”
Morally Compromised

And the line on Obama releasing him?

mbecker908 (Diary) Wednesday, December 17th at 1:33PM EST (link)

Surely he's not *that* dumb.

Moe Lane (Diary) Wednesday, December 17th at 1:38PM EST (link)

They captured Lindh on the battlefield; he’s lucky to be alive.

We'll see.

mbecker908 (Diary) Wednesday, December 17th at 1:55PM EST (link)

If asked, I’d make it an even money bet.

 
 

I doubt his family could afford the processing fee

zuiko (Diary) Wednesday, December 17th at 3:29PM EST (link)

n/t

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

 
 
 

GOP candidate for KBH's Senate seat...

newred Wednesday, December 17th at 1:58PM EST (link)

Texan GOPer Michael Williams officially announced himself as a candidate for Senate (in the special election of KBH’s seat when she leaves). It seems a bit early to announce since KBH hasn’t even stated when she will resign, but Commissioner Williams does seem to have quite the impressive resume. Do the Texas readers have any opinions about him?

Texan here

SgtKirk (Diary) Wednesday, December 17th at 2:44PM EST (link)

Most conservative Texans that I have talked to, myself included, find Williams to be highly qualified to fill KBH’s seat. He is a fiscally conservative, strong military, pro-drilling Republican. That is a big plus for us here in East Texas.

What would be the best, high profile job for

mbecker908 (Diary) Wednesday, December 17th at 3:15PM EST (link)

Williams? It’s my impression that the Governor’s job is really no big deal in Texas and I generally have no use for Senators. Is there another office he could get lots of exposure and build a resume quickly?

Community Organizer.

Tbone (Diary) Wednesday, December 17th at 3:52PM EST (link)

nt

Envisioning when all that is Left is the Right.

5+5+5!

janis (Diary) Wednesday, December 17th at 3:54PM EST (link)

ROFLMAO– that was perfect!

 

Tbone I love it when

mbecker908 (Diary) Wednesday, December 17th at 6:01PM EST (link)

you sober up enough to type. :-)

 

LOL

Wayne (Diary) Wednesday, December 17th at 7:34PM EST (link)

great response Tbone.

“Hell, these are Marines. Men like them held Guadalcanal, and took Iwo Jima, Baghdad ain’t s–t”. Maj. Gen. John F. Kelly, USMC, Deputy CG, First MEF

 
 
 
 
 

Il court refuses to hear

jdub19 Wednesday, December 17th at 2:56PM EST (link)

petition removing Blago because he is “unfit”…

To all you lawyers, is this a good thing? I think it is, because if they rule he is “unfit”, doesn’t that give his lawyers wiggle room for future prosecution?

” Got to love the Lord for making things like that.”
Morally Compromised

 

Neil,

AceInTX (Diary) Wednesday, December 17th at 5:58PM EST (link)

Have you noticed there are posts on the Recommended lists that go back to Dec 4th?

I know Jaded and mbecker and others that have been there for over two weeks are going to shoot me for mentioning it but can we expre the recommends or do it at a faster rates to free up the board…It was awesome when it moved as it did when we switched from 3.0…(never thought I’d prais 3.0 for anything but you hit it out of the park at the end with that fix.

Thanks and I’m sorry mbecker and Jaded!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Ace...

mbecker908 (Diary) Wednesday, December 17th at 6:00PM EST (link)

butt out. Mind your own business.

:>)

AceInTX (Diary) Wednesday, December 17th at 6:42PM EST (link)

You’ve had your turn…give someone else a chance!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

NO.

mbecker908 (Diary) Wednesday, December 17th at 7:16PM EST (link)

I want my fifteen weeks of fame.

Heck, I was even magnanimous enough that I’m pretty sure it was my Rec of “Gunnar” that knocked me out of #1. And I Rec’d Martin’s diary too. Geez, I’m a heck of a guy. I deserve the attention and the adulation. So there.

So, no. Butt out.

Oh, and

mbecker908 (Diary) Wednesday, December 17th at 7:18PM EST (link)

Crap.

mbecker908 (Diary) Wednesday, December 17th at 7:19PM EST (link)

I hate not having preview.

 
 

Uhm...I think I reced all them too...and yours...

AceInTX (Diary) Wednesday, December 17th at 7:29PM EST (link)

but when it’s time to go…go graciously…

Weren’t you the one that stayed on the top of the board when we went to 3.0 for like 3 or 4 weeks?

Hey Neil…wait till I hit number 1 again and give me my 3 weeks!

:>)

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Not me.

mbecker908 (Diary) Wednesday, December 17th at 8:55PM EST (link)

That’s why I’m enjoying my little Christmas present from Redstate.

 
 
 
 
 

It definitely has a frozen-in-time vibe going for it

zuiko (Diary) Wednesday, December 17th at 6:02PM EST (link)

n/tt

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

At least I'm on there and EPU isn't. -nt-

NightTwister (Diary) Wednesday, December 17th at 7:28PM EST (link)

-nt-

The best argument against democracy is a five-minute conversation with the average voter. – Winston Churchill

LOL...That's just cold Night!

AceInTX (Diary) Wednesday, December 17th at 7:30PM EST (link)

:>)

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 

Look again, NT

E Pluribus Unum (Diary) Wednesday, December 17th at 7:40PM EST (link)

To be more specific, look about 2 places above your entry……

WHAT?

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

Perfect reply EPU

AceInTX (Diary) Wednesday, December 17th at 8:10PM EST (link)

nt

-

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 

How'd that get up there?

NightTwister (Diary) Thursday, December 18th at 12:11AM EST (link)

It’s only one above now….

Oh well, that’s what happens when work sucks the life out of you for several days in a row.

The best argument against democracy is a five-minute conversation with the average voter. – Winston Churchill

Doh!

E Pluribus Unum (Diary) Thursday, December 18th at 1:00AM EST (link)
Homer

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

LOL

AceInTX (Diary) Thursday, December 18th at 11:27AM EST (link)

nt

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 
 
 
 
 

Have you seen the latest "end of the world" product ?

Kenny Solomon (Diary) Wednesday, December 17th at 6:40PM EST (link)

“Flame” ……… Meat-scented body wash from Burger King.

OK, Teriffic !

http://www.firemeetsdesire.com

Buy it at Ricky’s Costumes in New York or Miami Beach. http://www.rickyshalloween.com/flame_0153_body_spray_p/flame.htm

All that comes to mind…… “I wish there was a knob on the TV to turn up the intelligence. There’s a knob called “brightness”, but it doesn’t work.” ……………. Leo Anthony ‘Sledge-O-Matic’ Gallagher

Cheers !

I just ordered a bunch for reals

Alberta (Diary) Wednesday, December 17th at 7:58PM EST (link)

Hanukkah gifts. Awesome.

Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is always right.
Abraham Lincoln

 

I suppose all the neighborhood dogs will follow you around?

olsmithie (Diary) Wednesday, December 17th at 8:37PM EST (link)
 

so ....

Caleb Howe (Diary) Thursday, December 18th at 1:22AM EST (link)

lots of comments.

And now I’m part of it. I feel so included!

Caleb Howe (formerly known as absentee)