One of the great ironies of the Scooter Libby trial was that the same conservatives who have for years fought for high mandatory minimum sentences–and against allowing judicial discretion to reduce those sentences–ended up complaining that the sentence given to Mr. Libby based on those sentencing guidelines was too harsh. Now we have the second verse of that song, although this time the “overly harsh” sentence is being doled out to two dirty border patrol agents.
There is a lot of debate about what happened. The story told by conservative talk-radio, not to mention Lou Dobbs, Sean Hannity, WorldNetDaily, etc. starts with two of our heroic border patrol agents who see a suspicious van near the border just outside of El Paso–a van that is currently being used to smuggle hundreds of pounds of marijuana across the border. As they approach, the smuggler gets out of the van and runs away. At some point, the story goes, he reaches behind himself and half-turns, as if to point a weapon back at the heroic border patrol agents. This makes sense, because we all know that drug smugglers are well-armed, for the most part. The agents open fire, but the man keeps running and manages to get back across the border. Shortly thereafter, the Mexican government demands that the border patrol agents be brought up on charges for shooting an unarmed man. The US attorney, Johnny Sutton, bows to that pressure, and throws the book at the heroic border agents. He misleads the jury into convicting them, and goes out of his way to fight for the maximum sentence possible by charging them with the use of a gun to perpetrate a felony–a charge that carries a mandatory 10 year minimum sentence. He also gives the drug smuggler “victim” immunity from the original drug charge, and gives him a visa to be able to come to the trial–which the drug smuggler uses to smuggle marijuana once more. Of course, given this storyline, conservatives are demanding a pardon and/or reinstatement for the border patrol agents (who were “just doing their jobs”), and are bucking to have Mr. Sutton fired.
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