photo: Paul Chinn, San Francisco Chronicle
Issa Looks to Save Tree Trimmer from Criminal Charges after Cutting Limbs for the Oakland, CA Post Office
Rep. Darrell Issa (R-Calif.) on Wednesday launched an investigation into the U.S. Fish and Wildlife Service’s attempt to bring criminal changes against a California tree trimmer.
In early May, Ernesto Pulido was hired by the U.S. Postal Service in Oakland, California, to cut a few tree limbs. Birds were sitting on the limbs and defecating on the mail trucks.
Just a few weeks later, Pulido is facing up to six months in jail and a $15,000 fine for cutting those limbs.
The U.S. Fish and Wildlife Service is considering criminal charges against Pulido for violating the Migratory Bird Treaty Act. FWS says Pulido cut branches that were home to black-crowned night herons, a species protected by that law.
Oakland Post Office ordered tree trimming turns into baby birds wood chipper massacre
On Wednesday, Congressman Darrell Issa (R-Calif.) wrote a letter to the FWS citing press reports that said no birds were killed, and that Pulido was paying for the treatment of injured birds. “All accounts indicate the activity which disturbed the bird’s nesting area was unintentional,” the letter said.
Issa’s press release:
Issa Questions Federal Prosecution Referral of Calif. Tree-Trimmer
WASHINGTON – House Oversight and Government Reform Chairman Darrell Issa, R-Calif., today sent a letter to U.S. Fish and Wildlife Service (FWS) Director Daniel Ashe questioning the agency’s decision to press charges against a California tree-trimmer who inadvertently violated the Migratory Bird Treaty Act (MBTA) while performing a job commissioned by the U.S. Postal Service.
“The Committee is concerned that Mr. [Ernesto] Pulido is being subjected to an unfair and unnecessary prosecution because FWS is responding to public pressure to act but does not want to seek redress from a fellow federal agency, the U.S. Postal Service,” Issa writes.
“During my time as Chairman of the House Oversight Committee, many agencies have failed to take action and the Justice Department has declined or failed to prosecute federal employees for offenses including: receiving thousands of dollars in impermissible gifts from lobbyists ; watching pornography on government computers while on the job ; operating private businesses from their offices ; lying on official timecards for years ; and spending outrageous sums of taxpayer dollars at Las Vegas conventions.
“When so many government workers are offered a pass, referring and prioritizing charges against a private citizen for incidental and relatively minor injuries to a non-endangered species – commissioned by a federal agency no less – appears nothing short of bureaucratic bullying,” the letter states.
On May 3rd, while trimming trees at the behest of the Postal Service, Mr. Pulido cut limbs containing Black-Crowned Night Herons, reportedly injuring five birds that were then taken to a nearby bird rescue for treatment. No birds were killed and, according to reports, Mr. Pulido is paying for the care of the injured birds. The FWS has publically stated that U.S. attorneys are expected to file formal charges within a week, which will carry a maximum fine of $15,000 and six months in jail.
The letter requests FWS provide documents and communications about its decision by June 4, 2014.
2014-05-28-DEI-to-Ashe-FWS-MBTA-Prosecution (PDF)
Issa argued that past court cases indicate there is no basis for charging Pulido, and said he is worried that FWS may be trying to make Pulido a scapegoat in order to dodge the question of whether to press charges against the U.S. Postal Service, which originally ordered the limbs to be cut.
“The Committee is concerned that Mr. Pulido is being subjected to an unfair and unnecessary prosecution because FWS is responding to public pressure to act but does not want to seek redress from a fellow federal agency, the U.S. Postal Service,” he wrote.
Issa criticized the FWS’s actions, in particular because of the many examples Issa’s committee has seen of government deciding not to prosecute other government agencies. He cited activities such as taking illegal gifts, watching pornography on the job, and lying about timecards as examples in which one government agency did not prosecute another.
“When so many government workers are offered a pass, referring and prioritizing charges against a private citizen for incidental and relatively minor injuries to a non-endangered species — commissioned by a federal agency no less — appears nothing short of bureaucratic bullying,” he wrote.
Why doesn’t Issa investigate why the LLV’s keep on catching on fire? Does the Postal Service expect the slaves to keep driving the Postal Kamikaze LLV vehicles? Just another fire yesterday in Ohio! How come his royal majesty King Donahoe’s limousine never burns up?
hey Kyjo.. It’s not the bird guy.. it’s the bird brain ISSA.. He’s just looking for PRESS..Remember, elections are coming.. The more his name is in the press, he’s getting FREE press.. The California people should be asking him this question.. Mr ISSA, what would you do for work if “WE” the people did not pay your salary??? I still say drop this dude like a bad apple…
Mr. Issa has been offered the biggest pass of all and
seems to brush that aside. His wikipedia bio reads
like a police blotter! Which leaves one bewildered
how he could have ever even had the chance to be in
government never the less a senator! Isn’t he once
again obviously targeting the US Postal service by
refusing to use common sense that this tree trimmer
clearly had to know the birds were there and cared less.
The great state of California needs to take a break
from this guy and vote him out! He’s worth in the
vicinity of 450 million dollars and he’s crying foul
about other government workers. When you live in a
glass house Mr. Issa you shouldn’t throw stones. His
deceptive ways and brushes with the law along with
shaky business tactics doesn’t just go away. This
guy is the biggest obstacle to solid postal reform
that is good for the american people and the hard
working men and women employed by the postal service.
Everyone should google his wikipedia page you won’t
beleive what you read…. and he’s a senator!! God
help us all.
You California people MUST DUMP this ISSA guy.. He’s just going to bring this great country down. Now remember, WE the people have to actually work for our livings. We work to supply (FOOD-HOUSING-INSURANCE) for our families.. Now ask yourselves this, who is paying his salary now?? Who is going to pay for his and his ENTIRE family’s life and HEALTH insurance when he retires?? This IDIOT is not doing his job.. He’s after the P.O. and that’s his main objective..Not helping you California people.. He’s out to make a “NAME” for himself.. So, please just wake up on the next election.. New and untried politicians just might be BETTER than an person that is looking for himself and not his people..
Our tax dollars at work. Issa’s reign of error is coming to an end. Good riddance
How messed up is this world when a person can be ruined for displacing a bird. I guess if someone is to blame, it’s gotta be the tree trimmer….he should know his business.