90 Miles From Tyranny

Tuesday, November 5, 2019

‘Clear Public Safety Threat’: ICE Rips Sanctuary County For Releasing Illegal Alien Convicted For Deadly Car Crash

Jose Barajas-Diaz, an illegal alien from Mexico, was involved in a deadly drunk-driving accident in North Carolina, and ultimately convicted of felony death by motor vehicle.
The Mecklenburg County Sheriff’s Office refused to honor an ICE detainer placed on Barajas-Diaz and released him from custody without cooperating with the agency. ICE agents captured him days later.
The episode marked the latest example of Mecklenburg County refusing to work with federal immigration authorities since the arrival of Sheriff Garry McFadden.

Officials in Mecklenburg County, North Carolina, refused to honor an ICE detainer placed on an illegal alien convicted in a deadly driving drunk driving accident, opting instead to release him back into the community.

Immigration and Customs Enforcement (ICE) placed a detainer request on Jose Barajas-Diaz, a Mexican national living illegally in the U.S., a day after he was arrested in Charlotte, North Carolina, in January for driving while impaired and for felony death by motor vehicle. After his sentencing in October, however, the Mecklenburg County Sheriff’s Office refused to honor the ICE detainer, and released him from their custody.

ICE agents were able to locate and apprehend Barajas-Diaz several days later.

“This is yet another example of a clear public safety threat being released into North Carolina communities rather than into ICE custody due to local sheriff policies on ICE non-cooperation,” Matthew Albence, the acting director of ICE, said in a Monday statement provided to the Daily Caller News Foundation.

“Continued decisions to refuse cooperation with ICE serve as an open invitation to aliens who commit criminal offenses that these counties are a safe haven for persons seeking to evade federal authorities, and residents of Mecklenburg County are less safe due to these misguided sanctuary policies,” Albence continued.

Barajas-Diaz was first arrested on Jan. 29 by the Charlotte-Mecklenburg Police Department following an accident that killed a motorcyclist. He made a U-turn in his truck onto inbound lanes, striking the motorcyclist, and killing him on the scene, according to...

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Flynn’s Lawyer to Prosecutors: Give Us Exculpatory Information, Then We’ll Move to Have Case Dismissed

Retired Lt. Gen. Mike Flynn’s lawyer has told a federal judge that Flynn first wants the prosecutors to hand over a plethora of information that he believes is exculpatory and then, partly based on that information, Flynn will ask the judge to dismiss the case.

“At the appropriate time, Mr. Flynn will file a separate motion asking that the Court dismiss the prosecution for egregious government misconduct and in the interest of justice,” lawyer and former prosecutor Sidney Powell said in a Nov. 4 court filing (pdf). “Mr. Flynn is entitled to discovery of the materials he has requested … that will help him support such a motion.”

Flynn pleaded guilty on Nov. 30, 2017, to one count of lying to the FBI. He’s been expected to receive a light sentence, including no prison time, after extensively cooperating with the government on multiple investigations.

In June, he fired his lawyers and hired Powell, who has since accused the prosecutors of withholding exculpatory evidence or providing it late. She has also alleged that the government had no proper reason to investigate in the first place. The prosecutors said Flynn was already given all the evidence he was entitled to and that the FBI was in the right to interview Flynn.

Flynn, former head of the Defense Intelligence Agency, was interviewed by two FBI agents, Joe Pientka and Peter Strzok, on Jan. 24, 2017, two days after he was sworn in as President Donald Trump’s national security adviser.

The prosecutors argued that the FBI had a “sufficient and appropriate basis” for the interview because Flynn days earlier told members of the Trump campaign, including soon-to-be Vice President Mike Pence, that he didn’t discuss with the Russian ambassador the expulsion of Russian diplomats in...