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“THE FEDERAL GOVERNMENT SHOULD HELP” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H6581-H6582 on Aug. 10, 2010.
The publication is reproduced in full below:
THE FEDERAL GOVERNMENT SHOULD HELP
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from Texas (Ms. Jackson Lee) for 5 minutes.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise this morning because three teenagers are dead.
I have made a commitment as a mother to reconcile this horrific tragedy and to ask our government for help.
I believe every American should have the opportunity to have the feeling that, when all else fails, our government will stand there and assist us where they can. Americans don't ask for handouts. They don't ask to have their lives interrupted. They simply want to know there is a Federal Government that can stand up for them. Whether or not it is a young man or woman in the United States military, whether or not it is a senior who needs Medicare or Social Security, we need to know that when there is a need that the Federal Government can fulfill, they will do so.
In the middle of July in Houston, Texas, Sajan Tamalshina, a native of Nepal, decided to drive his car through a red light. In the course of that, he hit a family that were bringing their teenagers home from a legitimate night out in a legitimate teenage club, if you will, picked up by their parents and being driven home, as families will do across America. Rashaundra 17, Avianca 13, Detrihanna 13, were all happily and busily talking about the fun they just had, and the right way that it was done where the parents picked them up and took them home. But Sajan Tamalshina decided to drink and run the red light, and now three teenagers are dead, expelled from the car, laying on the hard cement.
The police came and looked at the situation. He refused to take an on-scene Breathalyzer, so he was taken to the hospital and, as you well know, chemical tests go about. The police even called the District Attorney who came to the scene and decided that he could be released. My heart aches for that decision, because I asked the question, Mr. Speaker, three dead children on the ground does not at least require some common sense and judgment to hold someone overnight? Parents are asking now for justice and I am asking our Nation for justice.
The police department said they contacted the U.S. Marshal. There is an investigative arm of the State Department, but yet we look like the most powerful Nation in the world, and we have our hands tied. You cannot reach the U.S. Marshal's office. They will not respond. They are talking about maybe something will happen. Because he is in Nepal, there is no diplomatic relationships with them.
Three teenagers are dead. The letter says, ``Unfortunately, the United States does not have a treaty with Nepal that can serve as a basis to secure Mr. Tamalshina's extradition. In some cases, in the absence of an extradition treaty, countries may be able to expel or otherwise remove from their territory persons wanted for prosecution in another jurisdiction. However, expulsion or removal usually are not viable options when the person sought is a national of a country of refuge.'' As Mr. Tamalshina appears to be a national of Nepal, it is highly likely that an expulsion or other removal from their country will be possible.
The Department's criminal division works closely with Federal, State, and local prosecutors and the Department of State to seek the extradition or other lawful return of fugitives wanted for prosecution in the United States. In cases involving State charges, we can initiate an extradition only upon request of the State prosecutors. Prosecutors in our criminal division have worked with the Harris County District Attorney's Office on fugitive matters and we have discussed this case. Just a benign conversation. It doesn't matter. Three teenagers are dead.
Well, I say to the Justice Department, wake up and do something. The U.S. Marshal needs to stop hiding from my office and get over to my office to discuss why you can't do something. You can engage in diplomatic dialogue. You can ask the country of Nepal to be able to work with you to return this individual. He will not be getting the death sentence. Maybe 60 years. You are leaving crying parents with no justice because you let someone go.
To the district attorney of Harris County, what a ridiculous thing to see three dead bodies and refusing to hold an individual whose alcohol was 1.27 to 1.62. He is legally drunk. The legal amount is 0.8. When are we going to understand that drunk driving can cause death? And to those of you who drive while drinking or drive under the influence, you are a menace to society.
Three dead teenagers. I am calling on the Justice Department and the Attorney General of the United States to recognize that they are here to protect the people of the United States, and these three dead teenagers are in need of their protection in their loss, and their families want justice. I am asking for the U.S. Marshal to show up and work with us to do something on behalf of these Americans and these families that are mourning.
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