Cold Hard Facts Concerning the Case of Andrew Paul Tahmooressi - Caught in Mexico with Illegal Firearms

The moment the mother of inactive Marine Sgt.Andrew Tahmooressi decided to take the case of her son’s lawful arrest and imprisonment to Fox News and the internet through social media to arouse the ire and anger of the right wing bigots and Obama haters, the chance for his quick release disappeared.

Just a few minutes ago, a petition DEMANDING, not asking but DEMANDING President Obama to obtain the release of Mr. Tahmooressi, crossed the threshold of the 100,000 signatures needed for the White House to respond to their DEMANDS.

First of all, you don’t DEMAND anything of the President of the United States. You petition your grievances in a polite and civil manner, something unknown to the segment of our society that considers Fox News the gospel and their pundits descendants of Moses.

So what will reaching the 100,000 signature threshold accomplish? Nothing really but to give the supporters of Mr. Tahmooressi more reason to call for the impeachment or imprisonment of both of the President, Secretary of State Kerry, Eric Holder and anyone else that they disagree with and who doesn’t share their myopic view of America.

And yes, I refer to Tahmooressi as MR> TAHMOORESSI because in his current situation, his past service to this country, admirable as it may be, has absolutely no bearing on the crime he committed and is being prosecuted for.

THE ROLE OF THE UNITED STATES DEPARTMENT OF STATE IN ASSISTING US CITIZENS ARRESTED IN A FOREIGN COUNTRY

While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations, in this case Mexico, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating the law, even unknowingly, may be expelled, fined, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs or guns may be strict, and convicted offenders can expect jail sentences and fines.

If arrested abroad, a citizen must go through the foreign legal process of being charged or indicted, prosecuted, possibly convicted and sentenced, as well as any appeals process. Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested in Mexico and elsewhere and their families.

Consular Services: Consular officers in Mexico and elsewhere provide a wide variety of services to U.S. citizens incarcerated in the foreign . Specific services vary depending on local laws and regulations, the level of local services available in the country in question, and the circumstances of the individual prisoner. The frequency of U.S. consular visits to citizens arrested in Mexico and elsewhere may likewise vary, depending upon circumstances.

Upon initial notification of arrest:

• visiting the prisoner as soon as possible after notification of the arrest;
• providing a list of local attorneys to assist the prisoner in obtaining legal representation;
• providing information about judicial procedures in the foreign country;
• notifying family and/or friends, if authorized by the prisoner;
• obtaining a Privacy Act Consent;
• relaying requests to family and friends for money or other aid.

All of these have been done for Mr. Andrew Paul Tahmooressi with the cooperation of the Mexican Federal Authorities

On-going support to incarcerated Americans:

• providing regular consular visits to the prisoner and reporting on those visits to the Department of State;
• providing loans to qualified destitute prisoners through the Emergency Medical/Dietary Assistance (EMDA) program;
• arranging dietary supplements (vitamins/minerals) to qualified prisoners;
• arranging for medical and dental care if not provided by prison, to be paid for from prisoner’s funds, funds provided by family or funds loaned to the prisoner by the U.S. Government under the EMDA program for destitute Americans incarcerated abroad under the conditions specified at 22 CFR 71.10.;
• arranging for examinations by an independent physician if needed;
• arranging special family visits, subject to local law;
• protesting mistreatment or abuse to the appropriate authorities;
• attending the trial, if the embassy/consulate believes that discrimination on the basis of U.S. nationality might occur or if specifically requested by the prisoner or family, if possible;
• providing information about procedures to applications for pardons or prisoner transfer treaties, if applicable.

Discretionary support provided as needed:

• providing reading materials subject to local laws and regulations;
• arranging with American community to provide holiday meals;
• providing personal amenities such as stamps, toiletries, stationary, if permitted by prison authorities, from prisoner’s or family’s private funds;
• assisting in finding ways to expedite prisoners’ mail;
• inquiring about the possibility of prison employment;
• assisting in arranging correspondence courses;
• arranging for American community volunteer visits to prisoners.

Mr. Tahmooressi has received all the benefits legally allowed him by the US Department of State.

TAHMOORESSI FIRES MEXICAN ATTORNEY - EVIDENTIARY HEARING DELAYED

Last Wednesday, May 28, 2014, the day arrived all of Tahmooressi’s supporters had been waiting for. The day of his release because after all, this was all just one big innocent mistake, and after all, in their minds, an American should not be subject to another countries laws, especially a country they love to irrationally hate.

FACT #1: Had the hearing gone on as scheduled, it would not have resulted in Mr. Tahmooressi’s release. It was an evidentiary hearing, designed for the defendant to give his story to the Judge and the arresting officers and soldiers to give their evidence. Upon completion, the prisoner would have returned to his cell to await the next hearing, then scheduled for June 5, 2014. At that hearing, the Court and those involved would travel to the scene of the “crime” to determine the validity of Tahmooressi’s claims.

However, prior to the evidentiary hearing, Tahmooressi, or his mother which is the guiding force behind the lunacy that we’re seeing, decided to FIRE his Mexican defense attorney.

Defense Attorney Alejandro Osuna said after the hearing that he and Andrew had a difference of opinion on how some of the evidence would be presented. According to an earlier email, Osuna allegedly advised Tahmooressi not to mention the fact he had been in Tijuana six times previously as withholding that little tidbit would likely cause the Court to look with more favor on his case. Osuna denies this stating the intent of his words was misunderstood.

Jill Tahmooressi has said it doesn’t matter that her son had been to Mexico before, as he was still new to San Diego and wasn’t familiar with the ins and outs of border traffic. Although most of us would agree that two months in a place should be sufficient time to acclimate yourself to your surroundings, as well as finding a place to live, we’ll allow her mother her fantasies. It’s her story and she’s sticking to it, until she thinks of a more convenient version. Meanwhile, her son continues to sit in El Hongo II Federal Prison awaiting a new hearing tentatively scheduled for June 4, 2014.

TWO OR MORE FACTS THAT SUPPORTERS OF TAHMOORESSI ARE IGNORING

The story changes with the time of day it seems. Some news outlets deem it prudent to stick with the story of how he was driving to San Ysidro to meet friends for dinner. Nothing said of Mexico. When truth be known, Mr. Tahmooressi had spent the day carousing around in Tijuana on foot.

He left his late model Ford F-150 pickup with his belonging in the back seat in garbage bags and the weapons, an AR-15 assault rifle, a 12 ga. shot gun and a 1911 Model .45 Caliber pistol in the vehicle, parked in a public parking lot on the border while he went partying. Not very responsible of him. These are the weapons he had in his possession when he was arrested and charged.

Fox News and all of their pundits deliberately overlook the fact that Mr. Tahmooressi had 400 rounds of ammunition for these weapons in his possession, further complicating things for him. He also had extra clips for both the assault rifle and the .45 in his possession. Nobody with the least bit of common sense would say that this was for his personal protection. It’s also notable that possession of these weapons and transport of these weapons is a felony in California.

Mr. Tahmooressi is charged under the Mexican Federal Code with “possession of weapons for the exclusive use of the military” as it concerns the .45 caliber pistol and the AR-15 assault rifle. He is charged, in regards to the 12 ga. with possession of a weapon without the required permits.

Mexican law gives some allowance to intent, but it is not believed it would apply in this case. Were Mr. Tahmooressi been charged with weapons smuggling, the “intent” might have been an integral and successful defense against the charges.

Mr. Tahmooressi was charged simply with “possession”. That charge has nothing to do with whether it was his intent to bring the weapons into Mexico or not.

His denial doesn’t hold much weight with the authorities or the Court, despite a 9-11 call Mr. Tahmooressi made after he was stopped and being questioned by Mexican officials. The fact that he initially lied about it being a mistake and his first time in Mexico further damages his credibility

The one niggerdly little fact that his supporters can’t seem to get into their pea brained skulls is that

MR. ANDREW PAUL TAHMOORESSI is GUILTY AS CHARGED on ALL CHARGES he faces.

PROTESTS- COMMENTS - PETITIONS - DEMONSTRATIONS - HURTING OR HELPING THE CAUSE? YOU DECIDE

Others claim he has been tortured and denied basic human rights, which is absurd considering the consular officers from the US Consulate in Tijuana have made regular visits to the inmate.

The comments have been ugly, racist, bigoted and nasty, exactly what we’ve come to expect from the right wingnuts in our society.

One look at the photos made available on GRETAWIRE disproves the claims of torture and deprivation.

True, he was chained to his bunk with a 4-point shackle for a short period of time after trying to escape confinement from La Mesa prison in Tijuana and the wound he suffered was by his own hand, cutting his neck with a broken light bulb. In the US, behavior such as that would result in additional charges, solitary under suicide watch and at the extreme, a straight jacket. Mexico did nothing different that what we accept in the US as the norm.

So congratulation people on your achievement of more than 100,000 signatures DEMANDING, without an ounce of respect, the President of the United States to obtain the release of this of this “directionally dysfunctional” individual. Directional Dysfunction is not a medically recognized ailment, rather something his mother made up during one of her interviews. The rest of us know it as “cranial rectal inversion” commonly known as “he was drunk and had his head up his ass” and for that, he will be required to go through the Mexican justice system to it’s conclusion.

All this petition will require President Obama to do is acknowledge that he’s seen it, and explain in brief detail, as I have done here how his hands are tied and we, the United States of America do not get involved in criminal matters in a foreign country, even when it involves one of our citizens.

To underscore the clueless nature of Tahmooressi, he wrote this in a letter to Rep. Duncan Hunter Jr., man who will allow no opportunity to insult and denigrate Mexico slip through his fingers.

“I have rights to all 3 weapons,” Mr. Tahmooressi wrote. “They are under my name. … Please help me.”

Perhaps you have rights to the weapons in the United States, but your rights abandoned you when you crossed the border into Mexico. And in the end, perhaps this is a good thing and Mexico’s arrest and prosecution of this man very well could have saved future lives. His mother in one of her interviews outside the prison, stated that recently in their home in Florida, out of frustration he son had pulled his pistol on a family member. Police were called but no arrests were made.

With the weapons and ammo he had in his possession, and his alleged mental illness, who is to say that Mr. Tahmooressi wasn’t another Aurora Colorado, Sandy Hook, or similar incident waiting to happen.

[GARD]

This post is part of the thread: US Marine Andrew Paul Tahmooressi - an ongoing story on this site. View the thread timeline for more context on this post.