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FederalDaily - August 15, 2006

U.S. Attorney’s Office Comments on Controversial Border Patrol Case
Senators Ask DOE to Explain Plan to Revamp Safety Office
TSA Built to Accommodate Quick Adjustments, Chertoff Says

U.S. Attorney’s Office Comments on Controversial Border Patrol Case

The U.S. Attorney’s Office for the Western District of Texas released a statement in response to what they called “misstatements and misinformation” in the media regarding a 2005 shooting on the Mexican border that resulted in the conviction of two former Border Patrol agents on a range of criminal charges. In his statement, U.S. Attorney Johnny Sutton presented a detailed account of the incident, which led to the prosecution of former agents Ignacio Ramos and Jose Alonso Compean for charges related to the wounding of Osvaldo Aldrete-Davila. Aldrete-Davila had been stopped by the agents several miles from the Fabens Border Patrol Station. When ordered by the agents to stop, he fled his van on foot in an attempt to return to Mexico, and was shot during the subsequent pursuit. Now facing sentencing, the agents were convicted in a two-week trial in March of assault with a deadly weapon, lying about the incident, obstruction of justice, violating Aldrete-Davila’s Constitutional rights and other charges. Aldrete-Davila, whose van was found to contain more than 700 lbs. of marijuana, received immunity in exchange for testifying against the two men. The sentencing of the agents – now set for Aug. 22 -- has drawn heavy media coverage, and produced significant public sympathy for Ramos and Compean, who could face 20 years in prison. To read Sutton’s statement, go to: www.usdoj.gov/usao/txw/press_releases/2006/
Sutton%20statement%20re%20compean%20and%20ramos%20conviction.pdf

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Senators Ask DOE to Explain Plan to Revamp Safety Office

A group of Democratic senators Friday signed onto a letter asking the Department of Energy (DOE) to put a hold on plans to implement a “predecisional” draft plan to dismantle the agency’s Office of Environment, Safety and Health (ES&H) until Congress gets answers to questions concerning the move. In an Aug. 11 letter addressed to DOE Secretary Samuel Bodman, the senators said their “first concern” was that DOE had “not demonstrated any deficiencies in ES&H,” and that – while the plan states it intention is to strengthen safety and health – it fails to explain how the reorganization would accomplish that. The senators also wrote that they feared the move would “likely complicate and possibly delay the implementation of DOE’s new worker safety rule (10 CFR 851 et seq.).” A list of questions was appended to the letter. To see the letter, go to: http://cantwell.senate.gov/news/record.cfm?id=261710&&days=30&.

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TSA Built to Accommodate Quick Adjustments, Chertoff Says

The head of the Department of Homeland Security (DHS) Aug. 11 told reporters that the agency is designed to be able to handle the sort of rapid change in procedures that followed the discovery of a plot to smuggle liquid bomb components onto transatlantic airliners.  DHS Secretary Michael Chertoff said his department and the Transportation Security Administration (TSA) “are built to be able to do this. We are built to be able to surge.” Chertoff said as DHS and TSA continue to adjust the measures in place, it would help to give relief not only to travelers, but “obviously, to the folks who are working hard.” Separately, TSA also said there would be more domestic use of canine detection teams, as well as continued random inspection of bags at departure gates.  To see a transcript of the press conference, go to: www.dhs.gov/dhspublic/display?content=5800.

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