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CBP Removes Head of Internal Affair in Search of More Aggressive Watchdog

Steve Neavling
ticklethewire.com

The head of internal affairs at Customs and Border Protection was removed from his position Monday following criticism that he wasn’t aggressive enough with agents accused of using inappropriate force, the Los Angeles Times reports.

James F. Tomsheck, whose job is to root out corruption among the federal government’s largest law enforcement workforce, has been given a temporary assignment.

In the meantime, the CBP asked the FBI to assign a senior agent to investigate the abuse, in what the Times described as an unusual move.

The shakeup comes after mounting criticism about widespread abuses at the county’s borders.

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Comment from Doug Williams
Time June 10, 2014 at 11:33 am

James F. Tomsheck and the whole Internal Affairs Unit of the CBP should not only be investigated, they should be prosecuted! This investigation should also include a very thorough investigation into the actions of Special Agent Douglas Robbins of the U.S. Customs and Border Protection (CBP) Office of Internal Affairs, CBP Senior Special Agent Fred C. Ball, Jr. and CBP polygraph unit chief John R. Schwartz. They all neglected their duty, choosing instead to mount a vicious and unlawful attack on me.

Instead of “investigating individual cases of alleged wrongdoing” they put their emphasis “toward assisting other agencies, including the Government Accountability Office and the Department of Homeland Security inspector general” – i.e. “OPERATION LIE BUSTERS”.

During “OPERATION LIE BUSTERS”, they spent thousands of man hours and untold amounts of money trying to persecute and intimidate me (and others) for telling the truth about the waste, fraud and abuse in their polygraph unit. Rather than do the job they were assigned to do (internal affairs investigations), they conducted an unscrupulous, unconstitutional attack on me! Robbins himself told me that they had been investigating me for over three years!

Schwartz, one of the men behind “OPERATION LIE BUSTERS”, said he thought that those who “protest the loudest and the longest” against polygraph testing “are the ones that I believe we need to focus our attention on.” And so it was that James F. Tomsheck and his crew hatched a plan to “focus attention” on the one man who best fit this description, the man all polygraph operators have hated for almost forty years – one who helped put tens of thousands of them out of business in 1988 with the passage of the EPPA – yours truly, Douglas G Williams.

The “Schwartz” quoted there is John Schwartz, a Customs and Border Patrol official who is involved in the investigations. So, yeah, that’s a federal government agent specifically claiming that he wants to focus his criminal investigatory power on those who speak out against polygraph testing (rather than do the job he was assigned to do – investigating allegations of wrong doing in his own agency).

One blogger, commenting on the investigation of me, put it this way: “That sounds a hell of a lot like a police state, where federal agents publicly declare that they’re going to use their criminal investigation powers to target people who oppose a program they support. Talk about chilling effects and a massive First Amendment violation. To have a federal official, with investigatory power, who’s already involved in existing investigations flat out say that he wants to target those who speak out, is incredible. That’s not the way our government is supposed to work.”

This story goes much deeper than the “lack of diligence” in doing their job, and I hope there is an in-depth investigation. These men all used (misused, and abused) the power of their office and violated my constitutional rights under color of law. This is a story of how a group of pro-polygraph men, most of whom are polygraph operators, used their authority as federal agents in pursuit of a personal vendetta against me. They should not only be investigated, they should be prosecuted!

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