U.S. Seals Court Records Of Border Patrol’s Murder

Last Updated: Wed, 11/23/2011 - 3:51pm

The Obama Administration has abruptly sealed court records containing alarming details of how Mexican drug smugglers murdered a U.S. Border patrol agent with a gun connected to a failed federal experiment that allowed firearms to be smuggled into Mexico.

This means information will now be kept from the public as well as the media. Could this be a cover-up on the part of the “most transparent” administration in history? After all, the rifle used to kill the federal agent (Brian Terry) last December in Arizona’s Peck Canyon was part of the now infamous Operation Fast and Furious. Conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the disastrous scheme allowed guns to be smuggled into Mexico so they could eventually be traced to drug cartels.

Instead, federal law enforcement officers lost track of more than 1,000 guns which have been used in numerous crimes. In Terry’s case, five illegal immigrants armed with at least two semi-automatic assault rifles were hunting for U.S. Border Patrol agents near a desert watering hole just north of the Arizona-Mexico border when a firefight erupted and Terry got hit.

We know this only because Washington D.C.’s conservative newspaper got ahold of the court documents before the government suddenly made them off limits. The now-sealed federal grand jury indictment tells the frightening story of how Terry was gunned down by Mexican drug smugglers patrolling the rugged desert with the intent to “intentionally and forcibly assault” Border Patrol agents.

You can see why the administration wants to keep this information from the public and the media, considering the smugglers were essentially armed by the U.S. government. Truth is, no one will know the reason for the confiscation of public court records in this case because the judge’s decision to seal it was also sealed, according to the news story. That means the public or media won’t have access to any new or old evidence, filings, rulings or arguments.

A number of high-ranking Border Patrol officials are questioning how the case is being handled. For instance, they wonder why the defendant (Manuel Osorio-Arellanes) hasn’t been tried even though it’s been almost a year since Terry’s murder. They also have concerns about the lack of transparency in the investigation, not to mention the recent sealing of the court case.

Osorio-Arellanes is charged with second-degree murder. The four other drug smugglers fled the scene and their names were blacked out in the indictment. In 2006 Osorio-Arellanes had been convicted in Phoenix of felony aggravated assault and in 2010 he was twice detained for being in the U.S. illegally.

During a Senate Judiciary Committee hearing this month to address the flawed gun-tracking program, Attorney General Eric Holder said it’s not fair to assume that mistakes in Operation Fast and Furious led to Terry’s death. Holder also expressed regret to the federal agent’s family, saying that he can only imagine their pain.