House GOP challenge Border Patrol agent’s sentence

Thirty-seven Republican House members are challenging the two-year prison sentence being served by a U.S. Border Patrol agent for his conduct in the arrest of a drug-smuggling suspect, while a dozen other lawmakers are pressing Attorney General Eric H. Holder Jr. to explain his role in the botched “Fast and Furious” weapons investigation.

In a letter Thursday to President Obama, the 37 members — led by Rep. Duncan Hunter of California — described the prosecution of agent Jesus E. Diaz Jr. as “unfair and excessively disproportionate” and suggested it set a “dangerous precedent” that could place other agents and the public at risk.

“Border Patrol agents must be able to appropriately and effectively protect our nation´s border without the threat of federal prosecution hanging over their head,” the letter said. “We certainly do not condone the use of excessive or unreasonable force, however, the facts in this case do not indicate the drug smuggler was harmed during the arrest or that excessive force was used.

“The prosecution of Agent Diaz by the U.S. Attorney´s Office for the Western District of Texas, also responsible for putting other agents behind bars, is a disservice to the men and women of the Border Patrol and the mission they undertake,” it stated.

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