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The Record: Lam and Immigration

Despite the fact that no one from the Justice Department ever confronted Carol Lam over her performance on immigration prosecutions -- and the fact that Lam's connection to the Duke Cunningham case remains a far more credible logic for her firing --, the story that she was dismissed because of that continues to gain credence. So let's take one last look at what the record shows.

First and foremost, the idea that Lam did not prioritize border cases is demonstrably false. As the Justice Department stated in a letter three months before Lam was fired, half of the prosecutors in Lam's office were dedicated to criminal immigration cases.

Second, the demand that Rep. Darrell Issa (R-CA) and others were making, that her office have a "zero tolerance" policy of prosecuting alien smuggling, was an impossible one. All you need to do is look at the numbers. There are approximately 140,000 immigration arrests in Lam's district per year -- and approximately 110 lawyers in her office to handle them. They manage to file around 3,000 cases per year total, one of the largest loads in the country.

Third (and it bears repeating), Justice Department officials never confronted Lam about her immigration policy.

The ire directed at Lam from Republican lawmakers and some within the Justice Department had to do with a choice Lam made. Given the chronic lack of resources -- approximately 140,000 immigration arrests in Lam's district per year vs. approximately 110 lawyers in her office --, she decided to use her resources to prosecute the more serious cases. As an internal Justice Department report summarized the strategy:

SDCA [the Southern District of California] does not prosecute purely economic migrants. SDCA directs its resources to bringing felony charges against the most egregious violators, focusing on illegal aliens with substantial criminal histories such as violent/major felons, recidivist felons, repeat immigration violators on supervised release, and alien smuggles and guides. SDCA does not prosecute foot guides that do not have a serious criminal history.

It was a calculation with potentially adverse poltical consequences, since it would mean a drop in the sheer number of cases filed. And it was the reason that Rep. Darrell Issa (R-CA) and others directed cricitism at Lam.

Issa and his cohorts wanted a "zero tolerance" policy of prosecuting alien smuggling, an impossible demand, given the lack of resources. Nevertheless, armed with a "Border Patrol Report" of doubtful provenance, Issa put heat on the Justice Department concerning Lam's prosecution numbers. In the face of this very public criticism, Lam made the decision to stay quiet, rather than hit back by criticizing the Justice Department for the lack of resources available to her office.

Much has been made of the internal grumbling in the Justice Department about Lam in this time period (most of it coming from acting associate attorney general Bill Mercer, but more on that later), but there are some main points to be made.

The Department commissioned one Daniel Fridman, counsel to the Deputy Attorney General, to write up a report on Lam's handling of immigration cases in June 2006. The report's conclusion was clear. If the Justice Department wanted higher prosecution numbers, there were two steps to take: 1) have Lam change her policy of seeking tougher cases 2) give her more prosecutors. Tellingly, there was nothing in the report about Lam's failure to prioritize border cases or a failure of leadership in the office.

As for the first recommendation, Lam was never asked to change her district's border prosecution policy. Justice Department officials clearly contemplated confronting Lam (and Karl Rove has dishonestly claimed that such a confrontation occurred), but somehow failed to make the concrete step of actually broaching the central issue.

But the Justice Department did follow the second recommendation, to add prosecutors.

On July 31, 2006, Alberto Gonzales announced that he was adding 35 prosecutors to Lam's districts and others to focus exclusively on immigration and drug cases. Twenty of those were to be dedicated to immigration.

"I don't know how many I'm going to get," Lam told The San Diego Union-Tribune after the announcement, but said "I'd love to have all 20." She added that having more lawyers would allow her to prosecute more low-level cases: "We draw the line at whatever point we have the resources to handle.... [The new lawyers] will allow us to move that line down in terms of the cases we're able to prosecute."

But there is evidence that Lam's office had managed to boost case numbers even without the extra prosecutors. Justice Department official William Moschella's letter about Lam, written in late August, noted that the number of alien smuggling prosecutions had "risen sharply" in the last year over the previous one. And because her office had targetted more serious violations, she delivered longer sentences.

But Lam was abruptly fired little more than three months later, without being told the cause.

Next up: Justice Department official Bill Mercer's apparently personal vendetta against Lam.


74 Comments

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Actually Issa didn't want Carol Lam to be USA in the first place. He (and Duncan Hunter and Duke Cunningham) wanted Casey Gwinn -who was the San Dieg City Attorney until termed out in 2004- to be appointed US Atty. Gwinn let things go to shit in San Diego. His main claim to fame is his evangelical crusade to keep a cross on a veterans memorial. Casey is one of the reasons San Diego has been in financial meltdown since 2004. Issa's lame use of immigration policy to oust Carol Lam did predate the Cunningham mess but Issa read Lam correctly from the start. I think the administration just latched onto Issa's tool. As to why Issa didn't want a prosecutor who was know to go after white collar crime in the first place- well- I'd say these guys didn't just start being ethics challengened when the Duke investigation began.

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Carol Lam wasn't looking to prosecute corruption when she stumbled into Duke Cunningham, Brent Wilkes (MZM), Dusty Foggo, Jerry Lewis. The case originated because of local newspaper article (San Diego Union Tribute) about Cunningham's unlikely luck in selling his Encinitas home to MZM for far more than the fair market value.
Common to the political players in this scenario is the lobbying firm run by former Congressman Bill Lowrey. Lowrey's clients surprisingly supported Southern California Republican congressmen Cunningham, Hunter, Issa and Lewis. Please recall that Issa was the source for the Border Patrol memo which was leaked shortly after Lam announced the Cunningham investigation.
Issa states he received the memo from an source in Homeland Security. What, if any, is the relationship between that source and the politics which lead to Lam's firing.
It is worth noting that Cunningham's replacement was Brian Bilbray who worked with Lowrey in his lobbying business. Bilbray had failed as a congressman in another district but was resurrected for this post. The Republican National Committee spent a great deal of money in support of Bilbray's election.
I for one do not accept the proposition that Lam was fired for any reason other than to squelch the investigation of Lewis and the influence wielded by Lowrey the lobbyist. It was no coincidence that the congressmen signing the letter complaining about failure to prosecute low level immigrant smugglers were all supported by Lowrey's lobbying efforts.

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And look at the involvement of the AG: "AG has given additional thought to the SD situation and now believes that we should adopt a plan..."

---
11-5, pg.7
ASG000000257

From: Sampson, Kyle
Date: Thursday, June 01, 2006 5:25 PM
To: Mercer, Bill (ODAG)
Cc: . Elston, Michael (ODAG)
Subject: San Diego Immigration Enforcement
Importance: High

Bill, this relates (certainly in the AG's mind) to the e-mail I just sent to Elston (cc to you) re our pressing need to, in the very short-term, generate some deliverables on immigration enforcement, and in the long-term, insulate the Department from criticism by improving our numbers. AG has given additional thought to the SD situation and now believes that we should adopt a plan - something like the following:

• Have a heart-to-heart with Lam about the urgent need to improve immigration enforcement in SD;
• Work with her to develop a plan for addressing the problem - to include alteration of prosecution thresholds; additional DOJ prosecutors; additional DHS SAUSA resources; etc.
• Put her on a very short leash;
• If she balks on any of the foregoing or otherwise does not perform in a measurable way by July 15 (my date], remove her.
• AG then appoints new USA from outside the office.

This seems to me like the sort of thing for ODAG and EOUSA to execute. Can you think about how to do this right, tune up my plan/list of bullets, and be prepared to (1) present such plan to the AG tomorrow or early next week for his approval and (2) execute the plan next week?

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At the Voice of San Diego website where Rep. Darrell Issa is guest blogging today, I asked him about the Border Patrol report he released to the media last year. But I'm not holding my breath waiting for his response.

Posted:

"You released a Border Patrol report to the media last May with great fanfare. But, according to emails released by the Department of Justice last week, the U.S. Chief of the Border Patrol, San Diego,identified the report on May 19, 2006 as being an altered and unauthorized version of an internal intelligence report issued by the El Cajon substation. In fact, the date of the report had been changed from 2003 to 2004.

My question is whether you verified the authenticity of the report with the San Diego Chief of the Border Patrol before releasing it to the media."

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With regards to this issue, I will say that I've seen some anger on the part of a judge with regard to the failure to prosecute immigration violations. Shortly before a hearing I had in front of federal judge of the Southern District of California (San Diego and Imperial Counties), I witnessed the sentencing of a woman who was smuggling immigrants across the border. She had been caught 18 times before being prosecuted. The judge was furious with both the woman and the US attorney for not bringing the case sooner. Afterwards, he made the off-hand remark that this is why Carol Lam is out of a job.

But in Ms. Lam's defense, I will have to say that the Southern District is, by far, the busiest federal District Court in the country. This Court sees up to 3 times the number of cases per year that most other districts see. So, I can understand the U.S. Attorney putting some immigration cases aside so that it can get other word done.

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'Please recall that Issa was the source for the Border Patrol memo which was leaked shortly after Lam announced the Cunningham investigation.'


The burning question in my mind is how did Issa get that report in the first place? That's a murky bit of muck to be sure -- all I have to go on are gut feelings, but my gut says that the answer to that question is important. Particularly considering the _timing_ of the leak and Issa's letter about it. I wonder if he had marching orders.

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...Especially considering the shoddy quality of the work on the report; it reflected the prosecution numbers from one particular border station and the dates had been changed.

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While cmc puts Rep Duncan Hunter under a microscope, I'll just mention how odd Hunter's line of questioning struck me this morning when Ike Skelton had Ret. Maj Gen Punaro, the Commissioner of the National Guard, before the committee. Hunter kept insisting that there were 20,000 unarmored Humvees in Kuwait that could be brought back for National Guard use in the states. He kept going over and over the same ground, that the previous congress had met all the budget requests of the army, but he seemed to always skip over Guard. Punaro had to keep coming back to all the gaps in funding for the Guard, even to state that Humvees aren't appropriate for domestic assignments! Very odd.

I suppose a friendly contractor made those Humvees!

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sdca@March 26, 2007 05:02 PM

Copeland Lowery failed to report $225k in lobbying fees from the Foundation For The Improvement in Mathematics and Science Education (FIMSE)in San Diego.

FIMSE failed to report not only payment of the lobbying fees to Copeland Lowery but also millions of dollars in federal grants in its 990s filed with the IRS.

One of the FIMSE directors, Daniel Sullivan, is executive vice-president at Qualcomm, Carol Lam's new employer.

The FIMSE board was a mixed bag.

Candace Kilburn was a defendant in an insider trading case involving Applied Micro Circuits where she was vice-president of human resources.

Alan D. Bersin, former superintendent of San Diego schools, had his contract terminated eighteen months early by the school board for unspecified reasons.

Dr. Jane Gawronski, a retired school superintendent, was involved in a FIMSE-related project, Professional Development Collaborative (PDC). Qualcomm is also a sponsor of PDC.

Gawronski signed the FIMSE 990 one year as executive director and she must have known it was false.

Harry F. Albers is a former general manager of the San Diego State University Foundation. Albers signed at least one of the FIMSE 990s as CEO. Again, Albers had to know the 990 was false.

His daughter, Lori Albers, is FIMSE program director.

There has been a big push to privatize education in San Diego and a lot of government money has been tossed around.

I doubt if the FIMSE folks were sorry to see Carol Lam go.

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Lam probably made plenty of enemies. The strippergate prosecution (city council), the city pension board (SEC investigation), and an environmental group was pushing her to look into the Bajagua project--and of course, the Mexican Mafia.

---
03/02/06 U.S. Attorney Carol Lam asked by environmental group, Wildcoast, to investigate financial ties between a local company and three current and former congressmen relative to the Bajagua project.

06/16/06 Indictments unsealed for 36 Mexican Mafia members. Lam using anti-racketeering laws to prosecute 22 members and associates of the prison gang. Other 14 indicted on drug conspiracy charges. Raul Leon said to be among top three Mexican Mafia leaders.

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The TPMM timeline says a lot.

Friday March 10, 2006 - Lam notifies DOJ in DC she's going for subpeonas against Foggo et, al.

Saturday March 11, 2006 - Sampson emails the WH about the "real problem" with Lam.

Saturday March 18, 2006 - The AP story featuring Issa and the altered report hits the papers.

Wednesday March 22, 2006 - Issa appears on Lou Dobbs Tonight, again touting the bogus altered report.

I also think it's critical to track down who Issa got the report from. Tha't a lot of press - print and TV - in a very short period after Lam notified DC that she was moving ahead on the Foggo investigation.

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BinGA said:

'Tha't a lot of press - print and TV - in a very short period after Lam notified DC that she was moving ahead on the Foggo investigation.'

Thanks for that bit from the timeline, I had something similar in the back of my mind that triggered the thought when I was going through the emails. It also stinks of a political operation because of the poor quality of the report that Issa used -- in other words, I think it's the type of thing a former staffer might have lying around that could be turned into oppo material fairly quickly if finessed in the right ways. The timing is highly suggestive. Has anyone seen the actual report that Issa used? Not just original on which it's based, but the actual copy faxed or emailed or whatever to Issa that he then cited when complaining about Lam?

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Node of Evil:

Here's a snip from an article in Voice of San Deiego News by Rob Davis. http://voiceofsandiego.org/articles/2007/03/22/news/02lam032207.txt
There are links to read the report.

"Six days after the Associated Press story broke, Issa's office sent a letter to Lam, in which the congressman called the memo "an embarrassment to your office."

"Monica Goodling, a Justice Department spokeswoman, sent the letter to Kyle Sampson, Gonzales' chief of staff who resigned in the attorney firing scandal's wake, and two other high-ranking officials.

""FYI," she wrote, "the assault continues."

"Sampson and William Mercer, the No. 3 Justice official, discussed by e-mail whether to send more attorneys to San Diego. Sampson wanted to know if anyone had ever "woodshedded [Lam] re immigration enforcement."

""There are good reasons not to provide extensive resources to [San Diego,]" Mercer responded. "It will send the message that if your people are killing themselves, the additional resources will go to folks who haven't prioritized the same enforcement priorities."

"Issa had the report several months before taking it public. He received it and several other related documents in the fall of 2005 from "a senior source in the Department of Homeland Security," Issa spokesman Frederick Hill said. He declined to identify the source, but said Issa didn't release the report until May because he hadn't had time to sort through it and verify the information."

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Ya know, I'm thinking that Leahy has the DC Madame's phone list! Oh, and someone else's phone records probably. And, um, maybe an unadulterated copy of the Constitution too? But seriously, someone has got to have come squealing to the committee already...and, I'm also guessing that Conyers and Leahy are sharing info with one another from their respective committees...and with Waxman. This is going to go critical very, very soon...meltdown to follow?

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My hunch, Node of Evil -- and this is merely speculation -- is that Issa's source for the Border Patrol report was a professional, "black bag"-type, psy-op propogandist from the CIA, the FBI, or some other governmental or quasi-governmental body, possibly even a corporation that does lots of intelligence or defense work. The description of the report and the murkiness of its origins point in that direction, to my mind.

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BinGA... Those dates from the TPMM timeline
are WRONG in at least the last 3 of the events you just posted. March should be May.

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ewastud said:

'My hunch, Node of Evil -- and this is merely speculation -- is that Issa's source for the Border Patrol report was a professional, "black bag"-type, psy-op propogandist from the CIA, the FBI, or some other governmental or quasi-governmental body, possibly even a corporation that does lots of intelligence or defense work'

You mean, like these guys:

http://www.scgonline.net/DI/OppResearch/ORoverview.htm

The fact that the letter and surrounding kerfluffle happend in May is particularly telling. I wonder about this:

'...He received it and several other related documents in the fall of 2005 from "a senior source in the Department of Homeland Security," Issa spokesman Frederick Hill said. He declined to identify the source, but said Issa didn't release the report until May because he hadn't had time to sort through it and verify the information.'

With whom did he "verify the information"? That's sticking out like a sore thumb; it took the Justice Department, and specifically Lam's office, all of about a day to realize the report was old, that it was incomplete, that the dates were changed, etc. So, if Issa verified the report, then who did the vetting?

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I mention SCG because just this morning a friend forwarded one of their "Intelligence Brief" emails, which had this bit in it:


'With the recent news controversy involving the
imprisonment of US Border Patrol agents Ignacio
Ramos and Jose Compean, it seems that the already
dicey situation on the United States-Mexico border
has gotten a bit stickier.'

'For those of you who haven't been following the story, here is a quick synopsis: Ramos and Compean were chasing an illegal alien on the border in Texas. He was driving a van containing 800 pounds of marijuana.'

'He ditched the van, ran for the Rio Grande, but was met by the agents. The drug smuggler stopped and acted as if he were going to open fire on Ramos. This caused Ramos to fire first, in what he thought was only retaliation. In doing so, he hit the smuggler on his posterior (yes, his butt).The smuggler escaped into Mexico, where his mother-in-law complained, and charges were filed against the border patrol agents. Both agents were convicted: Ramos has been sentenced to 11 years in prison, and Compean to 12 years, both for assault. Essentially, two border patrol agents are in prison for doing their job.'


Looking over Issa's "report", I also see fingerprints of an outfit like SCG. Or perhaps it could be that someone in an anti-immigration or militia group produced it. As the Voice of San Diego article points out, there are some out-of-place editorial comments in the report. There happen to be several examles of "official" reports in the document dump, perhaps later today I'll take some time to compare one of those with Issa's report. With just a cursory examination, though, it's pretty obvious that it was put together by someone outside the USA system.

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the immigration "problem' was exagerated after katrina first on talk radio and then Lou Dobbs (cnn) etc picked it up---- it is part of the rove strategy to deflect criticism from GOP vote fraud, pass Orwellian ID legislation, etc.

because these red herrings are so well established with the talk radio base they know they can always find defenders among that base to contribute to the false certainty needed by the GOP talking heads and politicians who publicaly repeat the lies and talking points needed to defend the bush crime family.

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First off, I was wrong in assuming that the report came from an internal USA document, it came from the Border Patrol, as Carol Lam says in her press release (cited in 3-19-2007: http://judiciary.house.gov/media/pdfs/DOJDocsPt1-1070319.pdf)

'On Friday, May 19, 2006, the chief of the U.S. Border Patrol, San Diego Sector, informed us that the report released by Congressman Issa was actually an alterd and unathorized version of an actual internal intelligence report issued by the El Cajon substation. The original report was labeled "Prosecution of Smugglers" for Fiscal Year 2003; the altered report was labeled "Prosecution of Smugglers (1324) Fiscal Year 2004." The altered 2004 report contained editorial comments and conclusions that were never seen or authorized by Border Patrol management.'

At the end of Lam's press release is this bit:

'In light of previous media interest in this issue, there is a possibility that the disclosure that the report is not genuine could generate substantial media interest...'

Issa's letter in the same pdf never addresses Lam's, or the Border Patrol's, contention that the document he had was a fake. He's still at it, too -- on his site this morning he cites a number of newspaper stories about Lam's immigration "issues" as evidence that the whole USA purge is a nonstory.

Since this is based on a Border Patrol internal intelligence document, I don't think there's anything comparable in the document dump. I'll look, but I believe the immigration prosecution reports in the dump all come from USA offices or the Department of Justice itself.

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...Adding, quickly, a question -- does the Border Patrol in San Diego employ contractors? I know from the doc dump that the San Diego USA office does, but I don't think any of them would have had access to internal Border Patrol documents.

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And finally, this is from Issa's testimony on March 6, 2007. He still stands behind the document:

'I sought information from sources in the Border Patrol, and others in the law enforcement community, about what was really happening with border prosecutions. Border Patrol agents were forced to accept a reality in which smugglers knew what they could get away with. A smuggler knew he could drive a van full of illegal immigrants across the border without fear of any consequence other than being sent back to Mexico to try again. Smugglers who were American citizens faced no consequences at all.'

'Border Patrol agents and others within the Department of Homeland Security would privately bring my office information about the problems with prosecutorial guidelines put into effect by U.S. Attorney Carol Lam created in their efforts to secure the border near San Diego from organized smuggling cartels. In May 2006, my office released to the press a memo prepared by a senior source within the Border Patrol that detailed how Carol Lam’s policies adversely affected efforts to stop smuggling syndicates. According to the memo, only 6 percent of 289 smuggling suspects caught by Border Patrol agents from the El Cajon station east of San Diego in the 12 months ending in September 2004 were prosecuted.'
(http://judiciary.house.gov/OversightTestimony.aspx?ID=764)

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Another point not brought out is that Lam had prosecuted 6 Border Patrol personnel for corruption in aiding illegal immigrant smuggling. Of course that probably had nothing to do with the writing of the Border Patrol report.

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Stormwater, one of the border patrol inspectors pleaded guilty today of allowing hundreds of illegal immigrants to pass through his lane at the border because he fell in love with a smuggler. He was sentenced to 57 yrs in prison. One of the interesting things about Carol Lam is that she went after border patrol agents and companies that hired illegal aliens. Some people would prefer she round up a bunch of illegals and cart them off to a detention center and make a big show about it. Of course that would never change a thing- more immigrants would just come through and provide workers for companies looking for cheap hire. Lam actually went after crimes that could have an effect on the system.

As to who slipped Issa the falsified report- I don't know for sure. But the head of one of the border patrol agents union, a guy named TJ Bonner has been quoted in the press and he appeared before congress and has some reports that he authored. He is talking some of the same talking points Issa is. Especially critical of "catch and release". He, of course, wanted more agents. And I think he got them. So he had an interest in pursuing some of the same line of complaints Issa did. I'm not saying he is the one who gave Issa the falsified report- but it could have some from within the border patrol ranks as a means of getting more agents.

Interestingly- I found TJ Bonner's name in an article that was printed in several papers on Sunday. Here is part of the article:
Guidelines issued by U.S. attorneys in Texas showed that most illegal immigrants crossing into the state had to be arrested at least six times before federal authorities would prosecute them, according to an internal Justice Department memo.
The disclosure provides a rare view of how federal authorities attempt to curb illegal immigration. The memo was released this week in response to a congressional investigation of the dismissals of eight U.S. attorneys.
The Border Patrol makes more than 1 million arrests a year on the U.S.-Mexico border. T.J. Bonner, head of a union representing Border Patrol agents, said it's unrealistic to prosecute all violators.
"Let's be honest, there isn't enough jail space to incarcerate everyone who crosses that border," said Bonner, president of the National Border Patrol Council. "If everyone demanded hearing in front of an immigration judge, it would bring our system to a grinding halt in a matter of days."
Hmmmm.... the USAs in (Houston and San Antonio) Texas do catch and release too. And nobody fired them. Hmmmm, hmmm, hmm.

Kindof strange that Bonner's quote wasn't dissing the policy this time. Perhaps he has his extra union members now and is a happy camper.

Another aspect that deserves more attention is the use of the highly political group , the Minutemen. A lot of that was political theatre, but who and how they were funded and for what purpose is an unexposed story that probably also touches the USA story.

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BinGA... Those dates from the TPMM timeline
are WRONG in at least the last 3 of the events you just posted. March should be May.

Posted by: Jack

Jack:

Boy did I screw that up. You're right and thanks for posting the correction.

DOJ could have gone either way in dealing with the adverse publicity, but choose to question and jump on Lam rather than question Issa, his report, and how he got it.

Even with the corrected dates, it still seems that the DOJ, with the help of Issa's running to the print press and TV, saw an opportunity to create cover for the real reason for removing Lam, and ran with it.

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The more I think about it the more I tend to believe that it was some digruntled person in the Border Patrol who wanted to put pressure on the USAs who provided the documents, as opposed to an outside contractor or some other third-party. Also, I believe Issa when he says the report was prepared specifically for him; it reads like someone hijacked an internal draft and turned it into a plea for a policy change in the SDUSA office.

However, I still wonder who "verified" the information for Issa and why it took them so long to do so. Besides, if he got this from a Senior employee in the Border Patrol/HS hierarchy, why wouldn't he trust it out-of-hand? I wouldn't trust it, but if I was then told that this thing had bogus information in it then I'd never release it, much less use it again and again as a political prop.

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It seems to me that the Minutemen/anti-immigration folks are just providing ammo to Issa/DOJHQ, whose motives for using that ammo have no connection at all to immigration. The neo-cons are expert at using the passions of the religious right for their own purposes, and the vitriol of the Minutemen was likewise useful to them. Perhaps that all goes without saying?

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