From: GeorgeWashingtonAdmirer 

Embattled AG now accused in teen sex scandal 'cover-up'

Attorney General Gonzales among officials who allegedly ignored abuse of minor boys

March 25, 2007

By Jerome R. Corsi

Attorney General Alberto Gonzales and U.S. Attorney Johnny Sutton, both
already under siege for other matters, are now being accused of failing to
prosecute officers of the Texas Youth Commission after a Texas Ranger
investigation documented that guards and administrators were sexually
abusing the institution's teenage boy inmates.

Among the charges in the Texas Ranger report were that administrators would
rouse boys from their sleep for the purpose of conducting all-night sex
parties.

Ray Brookins, one of the officials named in the report, was a Texas prison
guard before being hired at the youth commission school. As a prison guard,
Brookins had a history of disciplinary and petty criminal records dating
back 21 years. He retained his job despite charges of using pornography on
the job, including viewing nude photos of men and women on state computers.

The Texas Youth Comission controversy traces back to a criminal
investigation conducted in 2005 by Texas Ranger Brian Burzynski. The
investigation revealed key employees at the West Texas State School in
Pyote, Texas, were systematically abusing youth inmates in their custody.

Burzynski presented his findings to the attorney general in Texas, to the
U.S. Attorney Sutton, and to the Department of Justice civil rights
division. From all three, Burzynski received no interest in prosecuting the
alleged sexual offenses.

(Story continues below)

"This case demonstrates that a partisan political agenda, with Karl
Rove in an orchestrating role, has penetrated the Justice Department and
subverted fair-minded administration of the law," Matt Angle, director
of the Lone Star Project, told WND.

It's just the latest controversy for Sutton, Gonzales and the Bush
administration's direction of the Justice Department. Earlier, Sutton's
decisions to prosecute two Border Patrol agents and Deputy Sheriff Gil
Hernandez were criticized as having been influenced by the intervention of
the Mexican government.

Gonzales is under heavy congressional pressure in the controversy over the
recent forced resignations of eight U.S. attorneys. At issue is whether the
Bush administration is directing the Justice Department to pursue
politically motivated prosecutions at the expense of fair or even-handed
law enforcement.

In the Texas Youth Commission scandal, Texas Ranger official Burzynski
received a July 28, 2005, letter from Bill Baumann, assistant U.S. attorney
in Sutton's office, declining prosecution on the argument that under 18
U.S.C. Section 242, the government would have to demonstrate that the boys
subjected to sexual abuse sustained "bodily injury." Baumann
wrote that, "As you know, our interviews of the victims revealed that
none sustained
'bodily injury.'"

Baumann's letter continued, adding a definition of the phrase "bodily
injury," as follows: "Federal courts have interpreted this phrase
to include physical pain. None of the victims have claimed to have felt
physical pain during the course of the sexual assaults which they
described."

Baumann's letter further suggested that insufficient evidence existed to
prove the offenders in the Texas Youth Commission case had used force in
their alleged acts of pedophilia: "A felony charge under 18 U.S.C.
Section 242 can also be predicated on the commission of 'aggravated sexual
abuse' or the attempt to commit aggravated sexual abuse. The offense of
aggravated sexual abuse is proven with evidence that the perpetrator
knowingly caused his victim to engage in a sexual act (which can include
contact between the mouth and penis) by using force against the victim or
by threatening or placing the victim in fear that the victim (or any other
person) will be subjected to death, serious bodily injury or kidnapping. I
do not believe that sufficient evidence exists to support a charge that
either Brookins or Hernandez used force to cause victims to engage in a
sexual act."

Baumann's letter went so far as to suggest that the victims may have
willingly participated in, or even enjoyed, the acts of pedophilia
involved: "As you know, consent is frequently an issue in sexual
assault cases. Although none of the victims admit that they consented to
the sexual contact, none resisted or voiced any objection to the conduct.
Several of the victims suggested that they were simply 'getting off' on the
school administrator."

Baumann's letter also rejected Burzynski's charges that the administrators
at the Texas Youth Commission facility in West Texas had used their
position of authority to force the inmates to participate in the sexual
acts or that the administrators had lengthened the sentences of the boys to
retain willing participants or punish those reluctant to participate.

Baumann wrote: "In order for the government to be successful in a
criminal prosecution, it would be essential for us to show that the victim
was in fact victimized. Most of the victims were aware of the power that
the school principal and assistant superintendent held over them, but none
were able to describe retaliative acts committed by either the principal or
assistant superintendent. Although it is apparent that many students were
retained at West Texas State School long after their initial release date,
it would be difficult to prove that either Mr. Brookins or Mr. Hernandez
prevented their release."

On Sept. 27, 2005, the U.S. Department of Justice Civil Rights Division
declined prosecution in a letter written to Lemuel Harrison, the Texas
Youth Commission superintendent at the West Texas State School.

In that letter, Justice Department section chief Albert Moskowitz wrote
that "evidence does not establish a prosecutable violation of the
federal criminal civil rights statutes."

Angle maintains the decision not to prosecute was purely political.

"The U.S. attorney's office in Texas actually prepared indictments in
this case," Angle told WND. "But when the word came from
Washington, that's when Baumann wrote his letter declining prosecution.
Sutton's office dropped the matter on the desk of the local district
attorney, but nobody from Sutton's office said 'if you can¡|t go on this
case, we'll help you out.'"

WND asked Angle to explain how politics drove the decisions not to prosecute.

"If you read the letters from Sutton's office or from DOJ, it's really
amazing what abuse they describe and then downplay as not being
serious," Angle explained. "They describe systematic and
widespread abuse of juveniles who were held in these facilities by the
people who were administering these facilities, and they acknowledge this
fully, yet they determine that the evidence is not sufficient to warrant
federal prosecution."

Angle explained to WND that he found both letters shocking.

"The letters justify not pursuing these cases because, number one,
there is no evidence that any of these juveniles felt physical pain while
they were being assaulted, and the letters use the word 'assaulted,'"
he said. "And then also, they rejected prosecution because none of
these juveniles stated in the investigations that they resisted and
objected, which of course the facts of the report show to be the case. This
case developed right in the middle of Governor Perry's 2006 re-election
campaign. While Texas is a Republican state, and the Republicans expected
to win, still at that time, Governor Perry was facing an election challenge
from Carole Strayhorn, a third party candidate who was also a former
Republican comptroller in Texas."

He continued: "I would speculate that the political powers in Texas
and Washington in the Republican Party were not interested in this sex
scandal coming to light. Sutton and Gonzales let their political
responsibilities outstrip their legal responsibilities, and as a result you
had children who were in danger of sexual abuse and were left in that
danger."

Angle says that while the U.S. Justice Department and Texas attorney
general's office were not prosecuting in this case, they were actively
pursuing minor voter fraud issues with only a handful of allegations to go
on.

On March 2, 2007, Governor Rick Perry appointed Jay Kimbrough, his former
staff chief and homeland security director, to serve as "special
master" to lead an investigation into the Texas Youth Commission sex
abuse scandal. Shortly thereafter, the commission stopped a hiring practice
that had allowed convicted felons to work as administrators in the system.
The practice had involved a requirement that prior criminal records be
destroyed for employees hired by the commission.

On March 17, 2007, the entire Texas Youth Commission governing board resigned.

The Texas Youth Commission is the state's juvenile corrections agency,
charged "with the care, custody, rehabilitation, and reestablishment
in society of Texas' most chronically delinquent or serious juvenile
offenders." Inmates are felony-level offenders between the age of 10
and 17 when they are committed. The commission can maintain jurisdiction
over offenders until their 21st birthdays.

The Lone Star Project is organized as a political research and policy
analysis project of the Lone Star Fund, a federal political action
committee organized in Texas. The Lone Star Project has aggressively
investigated alleged political abuses within the Texas Republican Party,
including playing a leading role in investigating the activities of former
Rep. Tom DeLay in the redistricting controversy in Texas.

Bill Baumann was the lead prosecutor in another controversial case. In a
case eerily reminiscent of the controversial jailing of Border Patrol
agents Jose Compean and Ignacio Ramos while the illegal-alien drug-smuggler
they wounded went free, Texas Deputy Sheriff Gilmer Hernandez is imprisoned
for a year for an altercation with illegal aliens. Baumann urged he get the
maximum seven-year sentence.

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=54861
*************************************************************************
PLEASE EMAIL THESE LINKS TO EVERYONE YOU KNOW:

"The Illegal-Alien Crime Wave" by Heather MacDonald
www.City-Journal.org/html/14_1_the_illegal_alien.html

www.PredatoryAliens.com
www.ImmigrationsHumanCost.org
www.DayLaborers.org
www.Alipac.us
www.ImmigrationWatchdog.com
www.AmericanPatrol.com
www.SaveOurState.org
www.EscapingJustice.com

See the COLOSSAL costs of illegal aliens to the American taxpayer:
www.ImmigrationCounters.com
---------------------------------------------
"Por La Raza todo. Fuera de La Raza nada" ("For The Race
everything, for those outside The Race nothing")

-- Motto of MEChA, one of the nation's largest publically-funded
organizations with cells on high school and college campuses across the USA
(Note: Attorney General Alberto Gonzalez says he "used to be" a
member)
---------------------------------------------
¡$How Eisenhower solved illegal border crossings from Mexico¡"
By John Dillin
http://www.csmonitor.com/2006/0706/p09s01-coop.html

Excerpt:

  ¡$General Eisenhower ... quoted a report in The New York Times,
highlighting one paragraph that said: ¡ØThe rise in illegal border-crossing
by Mexican 'wetbacks' to a current rate of more than 1,000,000 cases a year
has been accompanied by a curious relaxation in ethical standards extending
all the way from the farmer-exploiters of this contraband labor to the
highest levels of the Federal Government ..."

  ¡$Herbert Brownell Jr., Eisenhower's first attorney general, said the
president had a sense of urgency about illegal immigration when he took office.

  ¡$America ¡Øwas faced with a breakdown in law enforcement on a very large
scale,¡| Mr. Brownell said. ¡ØWhen I say large scale, I mean hundreds of
thousands were coming in from Mexico [every year] without
restraint.¡|"
--------------------------------------------------
Just two of MANY American cops murdered by illegals: www.DeputyDavidMarch.com
www.KrisEggle.org

"Unfortunately, the majority of illegal aliens who are here are
engaged in criminal activity. Identity theft, use of fraudulent Social
Security numbers and green cards, tax evasion, driving without licenses
represent some of the crimes that are engaged in by the majority of illegal
aliens on a daily basis merely to maintain and hide their illegal status.
In addition, violent crime and drug distribution and possession is also
prevalent among illegal aliens. Over 25% of today's federal prison
population are illegal aliens. In some areas of the country, 12% of
felonies, 25% of burglaries and 34% of thefts are committed by illegal
aliens."

  -- Testimony of District Attorney John M. Morganelli before the House
Subcommittee on Immigration, Border, Security and Claims [Note: 99% of
warrants for murder in Los Angeles, California -- the USA's 2nd
most-populous city -- are for illegal aliens]

"It does not take a majority to prevail, but rather an irate, tireless
minority keen on setting brushfires of freedom in the minds of men."
   -- Samuel Adams

"¡$All great truths begin as heresies.¡"

  -- Former Democrat Governor of Colorado Richard Lamm, official of
      Defend Colorado Now, a movement opposed to illegal immigration
      and public services for illegal aliens

--- BBBS/LiI v4.01 Flag