| Submit your comments on this article |
| Home Front: Culture Wars |
| Feds Now Considering 'Civil Rights' Charges Against Haab |
| 2005-04-29 |
| The U.S. Department of Justice is reviewing whether an Army reservist violated federal civil rights laws when he held seven undocumented immigrants at gunpoint earlier this month at an Arizona rest stop. Arizona U.S. Attorney Paul Charlton said Wednesday that he asked federal civil rights lawyers to look into the case as a "cautionary step" following last week's decision by the Maricopa County Attorney's Office not to prosecute Sgt. Patrick Haab. "Mr. Haab's actions risked the lives of the illegal aliens he detained," Charlton said. "He risked his own life, and had law enforcement officers come upon that scene not knowing what was happening, he could have risked everyone's life." Haab, 24, now living in Mesa, said Wednesday that federal authorities would not be able to touch him. "I know my actions were right," he said. "I know I was completely in the right. I'm pretty sure it is going to stand. . . . I'm not sure how (the federal civil rights division) is going to pick it apart." Haab has become a celebrity among anti-immigrant groups since his April 10 arrest, making several appearances on national conservative television and radio shows, saying that undocumented immigrants are turning the country into "Americo," a combination of the United States and Mexico. Haab said Wednesday that his decision to draw a pistol on the immigrants had nothing to do with race or ethnicity. He reiterated that he was afraid for his life when seven men rushed at him from the darkness of a desolate Interstate 8 rest area, where he had stopped to relieve his dog. "Sheriff Joe Arpaio and others want to turn this into a racial thing," he said. "I'm trying to get the word out that this has nothing to do with race." Haab spent four nights in jail after being arrested by Maricopa County sheriff's deputies on seven counts of aggravated assault with a deadly weapon. But Maricopa County Attorney Andrew Thomas last week said he would not prosecute Haab based on a state law that allows a citizen to make an arrest when a felony has been committed. According to Thomas, all seven of the immigrants were committing felonies: the smuggler in planning the operation and the six immigrants in "conspiring" to illegally cross the border. Charlton's office, however, says federal law prohibits immigrants from conspiring in their own smuggling, meaning only the smuggler can be charged with a felony. That has left Latino advocates, immigration lawyers and some state lawmakers questioning if Haab should still be facing six counts of assault. "This is a serious problem that Andrew Thomas has created," state Rep. Ben Miranda said Wednesday. "It is one thing to stretch the facts and the law. But most practicing attorneys strongly disagree with his decision not to prosecute." Miranda accused Thomas of courting his conservative base. And he said the decision not to prosecute Haab could send a message that it is OK to take the law into your own hands. Miranda and state Sen. Jorge Garcia sent a letter to Charlton this week for an immediate review of the case. Charlton said Wednesday that an initial review of the case found no federal laws that apply, so he asked the Department of Justice's Civil Rights Division to look for possible civil rights violations. He added that this is not an issue of "second-guessing" the county attorney's decision. Barnett Lotstein, special assistant to the Maricopa County attorney, said Wednesday that his office stands by the decision not to prosecute Haab. He disputes the U.S. attorney's interpretation of federal law, saying the immigrants are guilty of conspiracy and that Charlton made a choice not to charge them. Lotstein denied playing politics by not going after Haab. "We analyzed the law," he said. "We're not going to prosecute anyone . . . merely to send a message." Unlike the U.S. Attorney who *is* willing to railroad someone merely to send a message. |
| Posted by:Anonymoose |
| #1 The U.S. Department of Justice is reviewing whether an Army reservist violated federal civil rights laws when he held seven undocumented immigrants at gunpoint earlier this month at an Arizona rest stop. They're illegal immigrants, guys. Get over it. |
| Posted by: Bomb-a-rama 2005-04-29 10:58:19 AM |