Former U.S. Senator Ken Salazar to be U.S. Ambassador to Mexico

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On June 15, President Biden announced his intent to nominate Ken Salazar as the next U.S. Ambassador to Mexico. The WH released the following brief bio:

Ken Salazar, Nominee for Ambassador Extraordinary and Plenipotentiary to the United Mexican States
Ken Salazar has served as U.S. Secretary of the Interior, Colorado U.S. Senator, and Colorado Attorney General. In 1998, Salazar was elected as Colorado Attorney General and became the first Latino ever elected to statewide office in Colorado. He was reelected as Attorney General in 2002. In 2004, Salazar was elected to the U.S. Senate for Colorado becoming the first Latino democrat to be elected to the United States Senate since 1972. During the Obama Administration, he served as Secretary of the Interior, where he had a lead role on energy and climate, and the nation’s conservation agenda. A native of Colorado, Salazar is a fifth-generation rancher in Colorado’s San Luis Valley. He is a partner at WilmerHale, an American law firm and the founder of the firm’s Denver office. Salazar represents clients on energy, environment, natural resources and Native American matters. Salazar has a B.S. from Colorado College and a J.D. from the University of Michigan. He also has honorary degrees from the Colorado School of Mines, the University of Massachusetts Lowell, the University of Colorado School of Law, the University of Denver School of Law, and Colorado College. His native language is Spanish.

If confirmed, Mr. Salazar would succeed Christopher Landau who served from August 8, 2019–January 20, 2021. Since 1960, appointees to this position have been on a 3/10 – career/non-career split or 76.9% in favor of non-career appointees. Previous appointees to this position includes:

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VPOTUS Kamala Harris Makes First Overseas Trip to Guatemala and Mexico

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GUATEMALA

See Fact Sheet: U.S. – Guatemala Cooperation, June 7, 2021

MEXICO

@StateDept Convenes Accountability Review Board to Investigate the Murder of Local Employee Edgar Flores Santos in Tijuana, Mexico

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In October last year, we blogged about Edgar Flores Santos, a local employee who worked on animal and plant inspection for the Department of Agriculture’s APHIS office at the US Consulate General in Tijuana. He was reported missing on September 30 and found dead in a field southeast of the city on October 2, 2020 (also see Mexico: US Consulate Tijuana Local Employee Edgar Flores Santos Found Dead in a Field).

On March 9, 2021, the State Department published a notice via regulations.gov on the convening of an Accountability Review Board (ARB) to investigate the murder of Edgar Flores Santos. Former Ambassador and former DGHR George Staples has been appointed as Chair of the Board for ARB-Tijuana:
Convening of an Accountability Review Board To Investigate the Murder of an Animal and Plant Health Inspection Service (APHIS) Locally Employed (LE) Staff Member in Tijuana, Mexico Pursuant to Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (22 U.S.C. 4831), the Department of State convened an Accountability Review Board (ARB) to review the October 2020 murder of an APHIS LE Staff member in Tijuana, Mexico. The ARB will examine the facts and circumstances surrounding the incident and submit its findings to the Secretary of State, together with any recommendations as appropriate. The Department has appointed George Staples, a retired U.S. ambassador, as Chair of the Board. The other Board members are retired U.S. Ambassador Janice Jacobs, Mr. Dirk Dijkerman, Mr. John Eustace, and Mr. Kimber Davidson. They bring to their deliberations distinguished backgrounds in government service.
The Board will submit its findings and recommendations to the Secretary of State. The Department will report to Congress on any recommendations made by the Board and actions taken with respect to those recommendations.
Anyone with information relevant to the Board’s examination of these incidents should contact the Board via email promptly at ARBTijuana2021@ state.gov.
Zachary A. Parker, Director, Office of Directives Management.

 


 

 

 

USA v. Raymond: Court Issues Protective Order Pertaining to Classified Information

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Back in October, we blogged about ex-USG employee Brian Jeffrey Raymond who was called an “experienced sexual predator,” and ordered removed to D.C.  The Motion for Pre-Trial Detention in this case says that the government’s investigation has revealed 22 apparent victims thus far – the initial sexual assault victim plus 21 additional victims found on the defendant’s devices and in his iCloud. And this individual reportedly had taken over 10 polygraphs during his career. 
Court records of February 9 indicate that the Preliminary Hearing will  continue on 3/26/2021 at 11:30 AM in Telephonic/VTC before Magistrate Judge Zia M. Faruqui in the U.S. District Court for the District of Columbia.
On February 18, a “Protective Order setting forth procedures for handling confidential material; allowing designated material to be filed under seal as to Brian Jeffrey Raymond” was issued by the Court.
Uh-oh!
On March 1, 2021, the Court issued an order granting a consent motion for Protective Order Pursuant to Section 3 of the Classified Information Procedures Act by USA as to Brian Jeffrey Raymond. Excerpt:
The case will involve information that has been classified in the interest of national security

“The Court finds that this case will involve information that has been classified in the interest of national security. The storage, handling, and control of this information will require special security precautions mandated by statute, executive order, and regulation, and access to this information requires appropriate security clearances and need-to-know, as set forth in Executive Order 13526 (or successor order), that has been validated by the government.2 The purpose of this Order is to establish procedures that must be followed by counsel and the parties in this case. These procedures will apply to all pretrial, trial, post-trial, and appellate matters concerning classified information and may be modified from time to time by further Order of the Court acting under its inherent supervisory authority to ensure a fair and expeditious trial.”

Any classified information provided to the defense…

“Any classified information provided to the defense and the defendant by the government, or to the defense by the defendant, is to be used solely by the defense and solely for the purpose of preparing the defense. The defense and the defendant may not disclose or cause to be disclosed in connection with this case any information known or reasonably believed to be classified information except as otherwise provided herein.”

For Cleared Counsel Only

“The government may disclose some information to defense counsel only. This information shall be clearly marked “FOR CLEARED COUNSEL ONLY.” For any such information, defense counsel may not confirm or deny to the defendant any assertions made by the defendant based on knowledge the defense may have obtained from classified information, except where that classified information has been provided to the defendant pursuant to this Order. Any classified information the defense discloses to or discusses with the defendant in any way shall be handled in accordance with this Order and the attached Memorandum of Understanding, including such requirements as confining all discussions, documents, and materials to an accredited SCIF.”

Defendant’s Memorandum of Understanding

“As a former U.S. government employee who had access to classified information, the defendant has a continuing contractual obligation to the government not to disclose to any unauthorized person classified information known to him or in his possession. The government is entitled to enforce that agreement to maintain the confidentiality of classified information, and the defendant must sign the Memorandum of Understanding. The defendant is subject to this Court’s authority, contempt powers, and other authorities, and shall fully comply with the nondisclosure agreements he has signed, this Order, the Memorandum of Understanding, and applicable statutes.”

The order includes provisions for a secure area for the defense, filing of papers by the defense, filing of papers by the USG, record and maintenance of classified filings, the Classified Information Procedures Act, access to classified information, and special procedures for audio recordings.
The footnotes includes notation that “The Court understands that the government may move for a supplemental protective order depending on the nature of additional information that is determined to be discoverable” and that  “Any individual to whom classified information is disclosed pursuant to this Order shall not disclose such information to another individual unless the U.S. agency that originated that information has validated that the proposed recipient possesses an appropriate security clearance and need-to-know.”

Previously, on December 15, 2020, the FBI released the following announcement seeking potential victims in their Brian Jeffrey Raymond investigation.

Seeking Potential Victims in Brian Jeffrey Raymond Investigation

The FBI and the U.S. Department of State’s Diplomatic Security Service are asking for the public’s help in seeking potential victims of and additional information about an alleged sexual offender, Brian Jeffrey Raymond.

Raymond, 44, was formerly a U.S. government employee, and he traveled extensively overseas, including in Mexico and Peru. He speaks both Spanish and Mandarin Chinese. Raymond had been living in Mexico from August 2018 to May 2020.

Raymond was charged in connection with an instance in which he allegedly met a victim on a dating application and had videos and photographs of the victim showing her unconscious and partially undressed.

Raymond was arrested in La Mesa, California, on October 9, 2020. The investigation is ongoing and has revealed photographs and videos of additional adult women on Raymond’s devices and electronic accounts.

If you believe you have been a victim of Brian Jeffrey Raymond, the FBI requests that you fill out this secure, online questionnaire. The questionnaire will assist law enforcement with the investigation.

If you believe you or someone you know may have information regarding Brian Jeffrey Raymond, please complete this same questionnaire, or you may email ReportingBJR@fbi.gov or call 1-800-CALL-FBI.

The FBI is legally mandated to identify victims of federal crimes it investigates. Identified victims may be eligible for certain services and rights under federal and/or state law.

Questionnaire

Additional Resources

 

To-date, we have not/not been able  to find a press release or DSS articles from Diplomatic Security regarding this alleged sexual offender with apparently extensive overseas travel in Mexico and Peru.
Neither US Mission Mexico nor US Embassy Peru carries the FBI press release on its website in English or Spanish seeking potential victims in this case. The USG is seeking potential victims, is it not?

 


 

 

Ex-USG Employee Brian Jeffrey Raymond, Called an “Experienced Sexual Predator,” Ordered Removed to D.C.

Warning: language in court documents may be  disturbing particularly to those who were previous assaulted.

A former USG employee identified as Brian Jeffrey Raymond was arrested on October 9, 2020 in San Diego, California pursuant to an arrest warrant issued in the District of Columbia on October 8, 2020. See the Detention Order published here with name listed as BRIAN JEFFERY RAYMOND (sic).
We could not find an arrest announcement from the U.S. Department of Justice, and we’ve been looking hard.  Have you seen it?
On October 27, the CA court docket includes the following notation:

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Removal/ID Hearing as to Brian Jeffrey Raymond held on 10/27/2020. Defendant admits identity and orally waives hearing.Court orders defendant removed to District of Columbia. Pursuant to the Due Process Protections Act, the United States is reminded of its obligations to produce exculpatory evidence pursuant to Brady v. Maryland and its progeny. Failing to timely do so could result in consequences such as exclusion of evidence, adverse jury instructions, dismissal of charges, and sanctions by the Court.(CD# 10/27/2020 11:25-11:33). (Plaintiff Attorney Eric Roscoe, AUSA). (Defendant Attorney John Kirby, Retained (Telephonic). (no document attached) (tkl) (Entered: 10/27/2020)

Read up on the Due Process Protection Act here.
The Affidavit in Support of Application for Complaint and Arrest Warrant is available to read here;  subject’s name is listed as Brian Jeffrey Raymond. The document notes that on May 31, 2020, “the Department of State, Diplomatic Security Service (“DSS”), and FBI begun investigating Raymond after he was detained by foreign law enforcement outside of his apartment overseas.  At the time, Raymond was a U.S. government employee working at a U.S. Embassy in a foreign country and lived in embassy-leased housing. Raymond has since resigned from his U.S. government position.”
The Motion for Pre-Trial Detention includes the “factual background of the case” with the following details.
    • On May 31, 2020, police in Mexico City, Mexico responded to the defendant’s apartment in response to reports of a naked, hysterical woman desperately screaming for help from the defendant’s balcony. At the time, the defendant was working for a U.S. Government agency at the U.S. Embassy in Mexico and had been living in his embassy-leased residence since August2018. Because the U.S. government has jurisdiction over certain crimes occurring in embassy-leased housing, pursuant to 18 U.S.C. § 7(9), the Department of State, Diplomatic Security Service(“DSS”) and the Federal Bureau of Investigation (“FBI”) are jointly investigating the incident.
    • Over 400 videos and photographs of 21 different women taken over the course of at least nine years were recorded by the defendant.
    • From August 2018 until June 1, 2020, the defendant worked for a U.S. Government agency at the U.S. Embassy in Mexico City. There, he used his embassy-leased residence to engage in criminal sexual conduct, to include an alleged sexual assault of AV-1 on May 31, 2020 and the undressing, photographing, and recording of at least nine unconscious women. 
    • During the course of his employment with the U.S. Government, the defendant has lived in approximately six to seven different countries, and he has traveled to more than 60 countries for work and personal travel. 
    • The government’s investigation has revealed 22 apparent victims thus far –  the initial sexual assault victim plus 21 additional victims found on his devices and in his iCloud.
    • He speaks Spanish and Mandarin Chinese. He has worked in or visited over 60 different countries in all regions of the world.
The document is available to read here.
Raymond’s defense bail motion dated October 15, 2020 includes the following nugget:
“At regular intervals throughout his tenure in public service, as well as shortly after the launch of the current investigation, Mr. Raymond has taken polygraph tests. […] He’s taken over 10 polygraphs during his career.”
Pardon me, 10 polygraphs in 23 years? Who routinely gets a mandatory polygraph working at an embassy?
A few other notable things:
—  Court document describes the defendant as a USG employee of 23 years. So we can rule out that he was a contractor. We only know that he has lived in 6-7 different countries and has traveled to more than 60 countries for work and personal travel. Doing what? The document does not say which agency he worked for, which section of the embassy he worked in, or what was his job at the US Embassy in Mexico or at his other assignments.
— All career diplomats are subject to U.S. Senate confirmation.  We have not been able to find any record that this individual has ever been considered or confirmed by the Senate as a career member of the U.S. Foreign Service.
—  Defendant speaks Spanish and Mandarin Chinese. Chinese is a super hard language for the Foreign Service. In FY2017, the last year data is publicly available, there were 463 FS employees proficient in Chinese Mandarin and 3,344 employees proficient in Spanish. Now, why would the State Department send a Chinese speaker to an assignment in Mexico? That’s not a usual thing, is it? Right.
Who is this guy and what did he do for Uncle Sam? It is likely that this individual was attached to the embassy for a still unnamed agency. We expect there will be more to this story in the coming days. Or maybe not. And that should tell us something, too. There appears to be a few entries on the court docket, at least six to our last count, that says “no document attached.”
This is a vile and loathsome case but even in such cases, we still should note that a criminal complaint is an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Mexico: US Consulate Tijuana Local Employee Edgar Flores Santos Found Dead in a Field

 

Fox 5 San Diego reported on October 2 that a local  employee of the US Consulate General in Tijuana, Mexico reported missing on September 30 was found dead in a field southeast of the city. The employee identified as Edgar Flores Santos worked on animal and plant inspection for the Department of Agriculture’s APHIS office in Tijuana.
The U.S. Ambassador to Mexico Christopher Landau tweeted that US Mission Mexico is mourning the loss of Flores Santos and that the mission is grateful for his service. He also tweeted that post offers its sincere condolences to his loved ones and will work with law enforcement until he and his family receive justice. 
Fox 5 San Diego also published a statement issued by US Consulate Tijuana:
“The community of the U.S. Consulate of the United States in Tijuana deeply laments reports of the death of one of our local employees, a member of the Agricultural Department involved in the sanitary inspections of plants and animals with the office in Tijuana,” read the statement. “We are awaiting official confirmation, and we’ll continue working with local authorities investigating the case, out of respect for the family we will have no further comment.”

 

 

SCOTUS Justice Clarence Thomas Swears-In U.S. Ambassador to Mexico Christopher Landau

 

The new U.S. Ambassador to Mexico had a ceremonial swearing at the State Department officiated by SCOTUS Associate Justice Clarence Thomas last week.
Ambassador Landau was officially sworn in as United States Ambassador to Mexico on August 12, 2019. His bio says that after graduating from law school, he clerked for then-Judge Clarence Thomas of the United States Court of Appeals for the District of Columbia Circuit.  He later clerked for Associate Justices Antonin Scalia and Clarence Thomas of the Supreme Court of the United States during the 1990 and 1991 terms.
His father, George Walter Landau (1920–2018), a career Foreign Service officer, served as U.S. Ambassador to Paraguay from October 13, 1972–October 14, 1977. Ambassador George Landau who also served as U.S. Ambassador to Chile and Venezuela passed away last year.
The new ambassador speaks fluent Spanish, and earned a Certificate in Latin American Studies at Harvard College.  He was born in Madrid, Spain, and attended the American School of Asunción, Paraguay, for five years.

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Presentations of Credentials: U.S. Ambassadors to Libya, Malawi, Mexico, Slovakia, Slovenia

 

LIBYA

MALAWI

MEXICO

SLOVAKIA

SLOVENIA

U.S. National Zia Zafar Pleads Guilty to the Attempted Murder of U.S. Consulate Official in Mexico

 

In January 2017, we covered the shooting of Christopher Ashcraft, a U.S. diplomat stationed at the U.S. Consulate General in Guadalajara, Mexico.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence:

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Director Christian J. Schurman of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Zia Zafar, 33, of Chino Hills, California, pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence.  Zafar entered his guilty plea before U.S District Judge Anthony J. Trenga of the Eastern District of Virginia.  Judge Trenga scheduled Zafar’s sentencing hearing for November, 7, 2018.

According to admissions made in connection with his plea, on Jan. 6, 2017, Zafar armed himself with a firearm, donned a wig and sunglasses to disguise his appearance, and waited in a parking garage for a Vice Consul, who worked at the U.S Consulate in Guadalajara.  Although Zafar initially was following the Vice Consul as he walked towards his vehicle, Zafar noticed a security guard nearby, and instead moved to the vehicle exit ramp, where he waited for the Vice Consul to exit.  As the Vice Consul approached the exit in his car, Zafar fired a single shot into the vehicle, striking the Vice Consul in his chest and leaving him in serious condition.  Zafar admitted that he targeted the Vice Consul because he knew from earlier surveillance that the victim worked at the U.S. Consulate.

“Zia Zafar surveilled and targeted a U.S. official serving in Mexico, lying in wait before shooting him in the chest in a heinous act of premeditated violence,” said Acting Assistant Attorney General Cronan.  “Today’s guilty plea sends a clear message that the Department of Justice will aggressively prosecute those who seek to harm U.S. officials serving overseas.  The Department of Justice will continue work with our domestic and international partners to ensure that anyone who targets U.S. officials abroad will be brought to justice.”

“The Vice Consul was targeted and shot because he represented the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “No one should doubt the resolve of law enforcement to steadfastly investigate and apprehend those who attack us. I wish to express our sincere thanks to the many United States and Mexican law enforcement agencies involved in the apprehension and return of this defendant to the United States to face justice.”

[…] FBI and DSS investigated the case in close cooperation with Mexican authorities and with valuable assistance from the Justice Department’s Office of International Affairs, the Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ronald L. Walutes Jr. of the Eastern District of Virginia are prosecuting the case.

The Department of Justice gratefully acknowledges the government of Mexico, to include the Secretaría de Relaciones Exteriores, Procuraduria General de la Republica, Fiscalia del Estado de Jalisco and Instituto Nacional de Migracion for their extraordinary efforts, support and professionalism in responding to this incident.

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Th court filings confirmed much of the details previously reported about this case, though the case remains perplexing.  On January 10, 2017, an Affidavit in Support of a Criminal Complaint was filed by David J. DiMarco, a Special Agent with the Federal Bureau of Investigation(FBI) assigned to the Extraterritorial Squad, Washington Field Office. Includes the following:

On January 6, 2017, Christopher Ashcraft, the victim, was employed with the U.S.Department of State as a Vice Consul in the Consular office in Guadalajara, Mexico. As Vice Consul, Ashcraft is recognized by the Government of Mexico as a diplomat. As such, Ashcraftwas granted diplomatic immunity in the course of his official duties.

On or about January 6, 2017, Christopher Ashcraft visited a gym adjacent to a shopping center located at Agenda Vallarta #3300 in Guadalajara, Mexico. At approximately 6:19 p.m., an individual later identified as the Defendant, ZIA ZAFAR, shot Ashcraft with a pistol as Ashcraft was leaving the gym parking lot in his personal vehicle. The round struck Ashcraft in the chest. Ashcraft was taken to a local hospital for medical treatment, where he currently remains.

Special Agents with the FBI interviewed Ashcraft at the hospital. During the interview, Ashcraft stated that when he exited the gym, he noticed the individual later identified as ZAFAR, who was wearing blue scrubs, white shoes, and what appeared to be a wig. Based upon ZAFAR’s behavior, Ashcraft felt as though ZAFAR was waiting for him. Ashcraft walked to apayment terminal to pay for his parking. When Ashcraft turned to walk towards his vehicle, hesaw that ZAFAR was following him. Ashcraft felt threatened and walked to a populated area of the parking garage. Once ZAFAR was no longer following him, Ashcraft got into his vehicle and drove towards the garage exit. Ashcraft was shot once in the chest while exiting the garage.

Surveillance video from the shopping center and parking garage was obtained by Mexican law enforcement. The video shows a male (later identified as ZAFAR) wearing what appears to be a wig, sunglasses, blue scrubs, and white shoes. ZAFAR appears to be following Ashcraft as Ashcraft exits the gym and pays for his parking at approximately 6:16 p.m. The videothen shows ZAFAR followmg Ashcraft for approximately three seconds. As Ashcraft walks to adifferentarea ofthe garage,the video shows ZAFAR walking up an incoming vehicle ramp at 6:17 p.m. Approximately one minute later, ZAFAR is seen at the top of the exit vehicle ramp, pacing back and forth with his right hand in his pocket. At approximately 6:19 p.m., Ashcraft’s vehicle pulls up to the garage exit. The video shows ZAFAR taking aim with a pistol and firing into the windshield. The video then shows ZAFAR fleeing the scene.

The criminal complaint filed on January 9, 2017 was originally filed under seal and the offense description is listed as “Attempted Murder of an Internationally Protected Person”.

The AFFIDAVIT by USA as to Zia Zafar was also sealed. The criminal case cover sheet is redacted but includes Zia Zafar’s name, Juvenile FBI file number #316130AC9, and year of birth as 1985. The subject’s race, place of birth, language/dialects are left blank (or redacted, hard to tell).

In April 28, 2017, the Defense filed a motion to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) by Zia Zafar. The filing says that “Sealing of this document is necessary in order to safeguard the privacy and safety of the defendant.”

A Memorandum in Support by Zia Zafar re 28 MOTION to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) also includes the following:

B. Sealing is necessary in order to safeguard the safety and privacy of the defendant. Counsel for the defendant has considered procedures other than sealing and none will suffice to protect this information from disclosure and to prevent public dissemination of information concerning Mr. Webster’s mental health.

Mr. Webster?

On May 5, 2017, there was a Status Conference to determine the competency of the defendant.

On August 11, 2017 there was an Arraignment/Competency Hearing.

On January 12, 2018 the Court granted the Motion for Psychiatric Exam and ordered that the defendant undergo a psychiatric examination at the Alexandria Detention Center.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to shooting the U.S. diplomat in Mexico.

The Statement of Facts filed on July 13, 2018 as part of Zafar’s plea agreement is only three page long and notes that Zafar and the diplomat that he attacked did not know each other. According to the Statement, the diplomat was targeted because “the defendant knew from earlier surveillance that he worked at the United States Consulate in Guadalajara, Mexico.” News citing Mexican officials previously reported that Zafar targeted Ashcraft over a visa denial.

The Affidavit submitted in support of the warrant says Zafar entered Mexico on a student visa, had a California driver’s license and drove a Honda Civic with California license plate. It doesn’t say when he entered Mexico or how long was he residing in the country prior to the attack.

The Affidavit did cite the use of a Starbucks receipt and Mexican immigration database to identify Zafar, and help in his apprehension by Mexican authorities.  It also says that “Mexican law enforcement searched the residence and recovered a pistol and several forms of identification bearing the name ZIA ZAFAR. A pair of sunglasses and a wig similar to the ones seen in the surveillance video were also recovered from the residence.”

The court filings do not indicate what made Consulate Guadalajara or this official the specific target in this incident; there is no mention in the unsealed court records of a visa denial as a motive in this attack.

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Mexico Arrests Suspect, Reportedly a US Citizen, in Shooting of US Diplomat in Guadalajara

Posted: 3:34 pm PT
Updated: 4:30 pm PT
[twitter-follow screen_name=’Diplopundit’ ]

 

Mexico’s Fiscalía General del Estado de Jalisco announced today that the suspect on Friday’s attack of a U.S. consular official from USCG Guadalajara had been arrested (see American Diplomat Wounded in Targeted Attack in #Guadalajara, Mexico). According to the state attorney general on Twitter, the suspect was handed over to Mexico’s federal attorney general’s office .

Secretary Kerry released the following statement on January 8:

On behalf of President Obama and the people of the United States, I want to thank the Government of Mexico for their swift and decisive arrest of a suspect in the heinous attack against our Foreign Service Officer colleague in Guadalajara, Mexico. The safety and security of U.S. citizens and our diplomatic staff overseas are among our highest priorities. My thoughts and prayers remain with this officer and his family during this difficult time. I wish him a speedy recovery.

The Guardian’s latest reporting on this incident cites a source within the Guadalajara police force who spoke on condition of anonymity, and identified the suspect as Zafar Zia, a 31-year-old American citizen (AmCit) of Indian origin.

The source said Zia was captured in a joint operation by the FBI, DEA and Jalisco state officials in Guadalajara’s affluent Providencia neighbourhood early on Sunday morning. The suspect had a .380 caliber pistol tucked into his waistband when he was arrested. The authorities also seized a Honda Accord with California license plates, a wig and sunglasses that may match those seen in footage of the shooting, and 16 ziplock bags containing 336 grams of a substance believed to be marijuana.

US Mission Mexico has declined to provide further information to the media about the shooting and declined to identify the employee or his position at the consulate general; information that is already widely reported in U.S. and Mexican media.

A separate news report says that the suspect had moved to Guadalajara in November 2016 from Phoenix and had been residing in the city since. The report also says that “the apparent motive for the attempted murder appears to have been a disagreement over an undisclosed visa process.” A local report confirms that the suspect has been residing in a farm in Colonia Prados Providencia for about two months. All the rooms on site were reportedly rented by students.

Consular officials have been screamed at, and spit on by rejected visa applicants, and there are obviously some very unhappy visa applicants but if this is true, this would be the first time since 2010 where an armed attack is tied to a visa office (see Three from US Consulate General Ciudad Juárez Dies in Drive-By Shooting). There was a time when all that separate a visa officer from a visa applicant is an open counter.  Easy to grab and physically attack a visa official or employee. We kind of recall that the hard line interview windows started going up in the early 80’s. Our go-to pal for this stuff told us that there were certainly incidents of client aggression and assaults in both visa and citizen services sections but believed that the interview window upgrade was just part of the larger hardline standard (i.e., putting forced-entry and ballistic protection between public areas and the general work area).

The U.S. Government has spent millions upgrading embassy security and beefing up security protection inside consular offices but this attack shows how vulnerable our people are overseas even when they are just going about the ordinary routines of daily life (going to a gym, using an ATM machine, driving a car, etc).  The latest GAO report on diplomatic security points out that the worst attacks against our diplomatic personnel actually occurs while they are in transit (see GAO Reviews @StateDept’s Efforts to Protect U.S. Diplomatic Personnel in Transit).

In any case, if true that the suspect is a U.S. citizen, a couple of thoughts: one, he would not have a need for a U.S. visa, unless it is for a fiancee/spouse or other family members of foreign origin.  We probably will hear more about this in the coming days. Two, as a U.S. citizen arrested in a foreign country, a U.S. consular officer assigned at the American Citizen Services branch in USCG Guadalajara would have to visit the suspect in jail; as U.S. consular officers do worldwide to ensure the fair and humane treatment for U.S. citizens imprisoned overseas.

We should note that the U.S. and Mexico has an extradition treaty that allows for the transfer of suspected or convicted criminals from one to country to the other. So this case might yet end up in a U.S. court. Latest update from AFP says that the suspect will be deproted deported back to the United States to face further legal action.

 

Meanwhile, USMission Mexico has released a Security Message urging precautions following the shooting in Guadalajara.

Related posts:

Employees of U.S. Consulate General Monterrey (a non-danger post) face credible security threat in Mexico Apr 2016
USCG Monterrey: USG Personnel Banned From Driving Between Post-U.S. Border, Also Extortions Up by 24%
US Mission Mexico: ICE Special Agents Killed/Wounded at Fake Roadblock on Road to Monterrey
New Mexico Travel Warning: “Authorized Departure” remains in place for Mexico’s northern border cities, Monterrey to go partially unaccompanied with no minor dependents
US ConGen Monterrey in Mexico Goes Unaccompanied
US Consulate General Monterrey personnel urged to keep kids at home following American School Shootout
Danger Danger, Bang Bang — State Department Eyes Changes in Danger Pay
New Danger Pay Differential Posts: See Gainers, Plus Losers Include One Post on Evacuation Status
Republicans got mad, mad, mad about danger pay, local guards, violence; calls for closures of consulates in Mexico
Snapshot: The State Department’s Danger Pay Locations (as of February 2015)
Mexican Border Consular Posts Get 15% Danger Pay
Where dangerous conditions are not/not created equal …
State Dept’s New High Threat Posts Are Not All Danger Posts