If only he would, but it doesn't seem likely. Perhaps a final day pardon.

While we are on the subject, has everyone signed the petition for the border agents yet?

http://www.grassfire.org/142/petition.asp

For the life of me, I can't understand why two border agents are languishing in prison, while a known illegal-alien drug smuggler, whose aim was to put drugs on the streets and endanger the lives of our children, is now free and a millionaire compliments of the American taxpayer.

If there was ever a miscarriage of justice, this would be a textbook example.

I confess I haven't followed this case closely, but from what little I've read, it was the Bush Justice Department that indicted them, and a jury of their peers that found them guilty. It's not like they were thrown in GITMO without a trial. IF this is such a miscarriage of justice, then there has to be more to the story that hasn't been made public.

I don't know much about either, but this is what I found right off -
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According to Johnny Sutton, United States Attorney for the Western District of Texas, Ramos and his partner fired fifteen shots at an unarmed man in broad daylight and failed to report it to their supervisors, instead giving a false report.
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Two wrongs don't make a right. What does posing pot have anything to do with police shooting unarmed men and then lying about.

Wow, Spook, I'm impressed. A reasonable and perceptive post.

CO, are you implying that most of my posts are not reasonable and perceptive?

Not at all, Spook.

Westmich,

I agree that there has to be more to the story. Just because the person was an illegal alien doesn't justify to tactics. To pardon them because of victim was wrong in his activities doesn't seem right. Why did they have to lie and/or try to cover-up the actual facts.

Should they not be punished for the cover-up?

From what I understand the two agents claimed that the fleeing drug smuggler had a weapon. Regardless, they apparently falsified their reports, gave false information to investigators and tampered with a crime scene by removing and destroying the spent shell casings.

Their guilt is not in question as far as I’m concerned; what is in question is the extraordinary sentences; even Sutton believes the prison terms are harsh.

I think a commutation of the incarceration sentences is in order; the jail time so far, the loss of their careers, their livlihoods and pensions is sufficient.

livlihoods?
I need more coffee.

Isn't it a bit odd that Aldrete-Davila was granted full imunity to testify against Ramos and Compean? He was also treated--at our expense--at the William Beaumont Army Medical Center in El Paso. The puke is admittedly a DRUG DEALER for Pete's sake, and the prosecutor invoked her liberal beliefs into the case as if she were protecting the American consumer....mind boggling.

Now, I've smelled fish before, such as the Duke scandal, but this one takes the prize, and if GW doesn't at the very least commute their sentences, I'll be writing letters...sooner rather than later. A full pardon would send a much clearer message that we conservatives will not tolerate these actions and if the liberals want to allow drug smuggling, amnesty and open borders, they'll need to do it over our dead bodies....period.

What are these people thinking....Oh, I forgot, they aren't.

Navydad,

I agree with the fact that the sentences are extreme, but they broke the law none the less. There should be some punishment to send the message that you can't just cover stuff up because the "puke" was wrong. I am sure the bust was legitament, but they seem to have something to cover up. Were they working with the guy and wanted a bigger cut? Something does smell fishy!

I may be off based here, but I'll take my chances.
The majority of African Americans support Barry Bond's breaking Hank's record and a majority of white Americans believe he cheated, as do I. So which side would the politicians be on...hmmm? There is no exculpatory evidence in this case.

Now, for all intents and purposes, could we assume that since both parties in this case are hispanic, that there is no prejudice? Or is the AAG's sole intent to "make an example of our own" so strong that she's forgotten which side she's on?

If all is equal and since much of the exculpatory evidence was conveniently overlooked by the AAG, there should be a simple answer, you'd think.

But again, where's the outcry from our conservative politicians that want secure borders??

rockville

Extreme is an understatement!

How about the Minister that molested his three adopted children and walked away with a slap on the wrist, probation and therapy?

There's something wrong with a system that allows this type of sentencing...it's called liberalism...period!

Houston Crhonicle: July 18, 2007...

Sen. Dianne Feinstein of California and Cornyn [joining other congressional members who had called for the same] sent Bush a letter asking for clemency a day after a Senate Judiciary Committee hearing where they criticized the federal prosecution of Jose Compean and Ignacio Ramos as excessive.

"We believe that this is a case of prosecutorial overreaching, and to allow Agents Ramos and Compean to serve more than a decade in prison would represent a serious miscarriage of justice," they wrote. "We urge you to commute their prison sentences immediately."

"The drug smuggler, who should be in prison, was given all the breaks and the Border Patrol agents received none of the breaks. This case cries out for a commutation that is fair and just," Cornyn said in a statement.

AAR

Houston Crhonicle: July 18, 2007...

Aldrete was not prosecuted on any charges because there was no evidence linking him to the marijuana load that agents discovered after the shooting, Sutton said at the hearing. He is under investigation in a separate drug smuggling case.

Houston Crhonicle: July 19, 2007...

After a high-speed chase outside El Paso in February 2005, Ramos and Compean fired on smuggler Osvaldo Aldrete Davila after he abandoned a van containing 743 pounds of marijuana. Aldrete, shot in the buttocks, escaped on foot back into Mexico.

Taking advantage of the entry privilege, Aldrete apparently smuggled another million-dollar marijuana load into the U.S. just months after the shooting, Cornyn said, citing a Drug Enforcement Administration report.

"It is incomprehensible to me that an illegal alien drug smuggler was allowed to violate his immunity agreement, perjure himself and be granted a series of unlimited visas to roam free in our country while two Border Patrol agents were given excessive prison sentences," Cornyn said.

If Aldrete wasn't prosecuted because there was not evidence linking him the van, then how could he claim he was shot by those two agents while fleeing the scene? ! ! !

It must be nice to have a series of unlimited visas to roam free in the U.S. and [allegedly] continue drug trafficing [possibly with the help of those visas (?)] while those who tried to stop an earlier attempt are tried and jailed for their efforts!

I'd guess Liberals and the ACLU hailed this as a great triumph of justice!!!

AAR

CNN, Lou Dobbs, July 18, 2007...

Sutton's decision to prosecute the agents, to file attempted murder charges against them and seek harsh mandatory prison sentences was simply an outrage. Senators Feinstein, Sessions and Cornyn took Sutton to task over what they clearly see now as a blatant abuse of prosecutorial power and strongly questioned the decision to give immunity to a known illegal alien drug smuggler. Sutton's office gave the smuggler immunity in order to prosecute the two agents who had pursued him in a high-speed chase, which ultimately resulted in the wounding of the drug dealer who had ditched his van, loaded with hundreds of pounds of drugs, and ran from the agents.

I have maintained throughout that the prosecution of these two agents was unwarranted, that sufficient facts were in dispute that the case should never have been brought to trial. The two Border Patrol agents received excessive sentences by any reasonable standard of justice. But reason did not prevail, and the Senate Judiciary Committee has begun the process of righting this wrong.

AAR

Swabie-pop,
Gotta take exception here, Conservatives stand for the rule of law, we also believe that if a law is unjust you have an obligation to break that law, but be prepared to suffer the consequences.

That Ramos and Compean didn’t report the shooting, policed their casings and didn’t mention the perp’s weapon for a month speaks to their guilt of those crimes.

The State’s attorney could have refused to prosecute citing the unreliability of the victim or the facts in evidence recommending an administrative solution, but then what message does that send? Its okay for those charged with upholding the law to selectively break some for the “greater good”? You can shoot without proper justification as long as the target is a dirt-bag? If the evidence of your failure to follow procedures limps off beyond your jurisdiction you are no longer required to report it or justify your actions in accordance with law?

I believe it cheapens the border debate to hold these two up as paragons of our enforcement efforts. If we viewed these two as police officers, and the perp were a burglar we would agree that the cops have a duty to follow the law; and that the sentence for failure to follow the law was excessive.

I whole-heartedly agree with Senator Cornyn.

"There's something wrong with a system that allows this type of sentencing...it's called liberalism...period!"

No, actually it's mandatory sentencing. One could argue that the mandatory sentencing provisions were enacted to prevent liberal judges from supplanting their judgment over the intent of the jury. But, it’s conservatives that foist these mandatory sentencing regulations upon the courts. Careful what you wish for.

Various...

Feinstein said she wants to change a law used by Sutton that required the agents receive at least 10 years for firing their weapons.

Sutton acknowledged it was unwise to have given Aldrete a visa that allowed him to enter the U.S. freely while he was cooperating with investigators.

"Why is it wrong to shoot the (trafficker) after he's been told to stop?" asked Sen. Tom Coburn,R-Okla.

STOP OR I'LL SHOOT!

AAR

AAR,
Are they not required to report the discharge of their weapons? If the Arizona Border Patrol hadn't been made aware of this, there would have never been a report of the shooting.

Do you seriously think that law enforcement agents have a right to fire at anyone anytime and not be required to explain why they pulled their weapons in the first place?

I'd rather not live in that kind of Police state.

What I’m saying here is that if Ramos and Compean had reported the shooting then when the story of Aldrete-Davila surfaced in Arizona he would have been the subject of the investigation, not the agents.

Dasein Libsbane

Good response!

Not for a second do I believe these two are "paragons" of our law enforcement, however, mandatory sentencing guidelines at the local level, in California at least, do not need to be consulted unless for a federal crime,(please correct me if I'm wrong here) and it seems completely unreasonable to permit rapists, child molesters and drug traffickers, which IMHO, need to be given the harshest sentencing, rather than two BP agents that as you and I both know, screwed up and neglected the respect for policy, to serve such severe prison terms.

I also agree that we need to be careful here, except, as you and I also know, laws that are written in the past need to be reviewed from time to time to determine reason. In this case, the Supreme Court recently ruled that federal judges need only consult mandatory sentencing guidelines for federal criminals and they now have flexibility in determining sentencing based on the severity of the crime.

You also may have taken my "liberalism" statement out of context. It's regarding the latter part of my post about the Minister that molested his children and walked away. The manditory sentencing guidelines were not met in this case, conversly, the perpetrator was allowed to walk free, even after admitting to have sodomized one of the children. In cases such as these, the liberal menatality of "therapy first", "incarceration as a last resort", is a sickening thought.

I meant at the state level, not federal level...sorry!

I agree that the minimum sentencing wouldn’t have been an issue had the prosecutor sought lesser charges which were within his purview. Which is why I support the Cornyn-Feinstein letter; the prosecutor should have taken a different tact in this case, but given the charges and the evidence, and the defendants’ suspicious behavior at the time of the incident, once adjudicated we can hardly blame the court for imposing the sentence consistent with the guidelines. If the Court had used its discretion in similar situations Conservatives would be up in arms that the activist judges are thwarting the intent of the law (or some similar outrage.)

Factually, Scalia was right on the subject of sentencing, whether or not we agree with the sentence, if the Court has done its job, justice will be served, if not, replace the judge not the law. In this case, the jury found the defendants guilty of crimes that, on their face reasonable people would demand harsh sentencing. The facts as we know them now indicate that the prosecution used methods questionable at best and misdemeanor at worst, by that I mean misbehavior that could result in charges against the prosecution up to and including felony charges.

I sincerely hope that the President steps in and commutes the remaining sentence; that would also serve justice.

Dasein Libsbane,

WorldNetDaily.com, August 7, 2006...

At that point, Ramos said, Aldrete-Davila turned toward him, pointing what looked like a gun.

"I shot," Ramos said. "But I didn't think he was hit, because he kept running into the brush and then disappeared into it. Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all."

The commotion and multiple calls for back up had brought seven other agents – including two supervisors – to the crossing by this time. Compean picked up his shell casings, but Ramos did not. He also did not follow agency procedure and report that he had fired his weapon.

"The supervisors knew that shots were fired," Ramos told the paper. "Since nobody was injured or hurt, we didn't file the report. That's the only thing I would've done different."

WorldNetDaily.com, February 9, 2007...

Medical records obtained by WND clearly establish the bullet wounds suffered by Aldrete-Davila involved a lateral wound to the left buttocks, not a "shot in the back" as repeatedly claimed by Sutton.

The medical records document that March 16, 2005, Dr. Winston Marne removed a large bullet fragment from Aldrete-Davila's right thigh. The records indicate bullet fragments were found in Aldrete-Davila's pelvis but not removed. The path of the bullet is clearly described as entering in the left side of the left buttocks, traversing the groin area, and lodging in the right thigh.

According to the medical report, Aldrete wasn't shot in the back.

Roger Hedgecock pointed out that the location and path of the bullet wound are more consistent with being shot as he turned to fire a weapon, or appear to point a weapon, than a person shot in the back while running away.

And yes, there's a lot of contradictory testimony.

AAR

Both of these border agents were convicted of a "cover up" not of shooting a illegal alien. Please read the facts of this case. I would hate to see any border patrol agent sitting in prison for keeping illegals out (Although shooting unnecessarily is also not an option) these two are not in there for this charge. Believeit or not there are MANY corrupt border patrol agents.

Dasein Libsbane,

RE: "I sincerely hope that the President steps in and commutes the remaining sentence; that would also serve justice."

I wouldn't bet on that based on comments President Bush made when asked about pardoning the two or commuting their sentences.

President Bush had nothing but "glowing" remarks and "support" for his "personal friend" the prosecutor. President Bush's remarks were more in tune with his efforts to pardon and grant amnesty to all of the illegal aliens than to support those who are trying to stop the illegals!!!

AAR

President Bush needs to pardon Ramos and Compean, immediately! This was an obscene miscarriage of "justice".

Glad you posted those articles, AAR.

The commotion and multiple calls for back up had brought seven other agents – including two supervisors – to the crossing by this time. -WND

Sutton's "cover up" charge is bogus. You can't cover up an incident that 9 other agents-including 2 supervisors!- already know about!

pimf: "7" agents

Freedom1,

The more I read about this, the more questions I have, and the more convinced I become that the two agents were targeted and given a bad deal for some reason.

To begin with, the scene of the shooting didn't become a "crime scene" until two weeks after the shooting. Until that time, it was a case of shots fired, drug smuggler continued to run as if not wounded, drug smuggler jumped into van on Mexican side of border which just "happened" to be there, shots apparently missed, and no crime scene.

Apparently too, it's not uncommon for a person to pick up the spent shell casings in a situation like this where there was no apparent crime or known shooting "victim" until two weeks later. Would the case even have been prosecuted if the agents had filed their written report of the incident.

Why would a drug smuggler suddenly decide to cross back into the U.S., be given immunity, be given a "gold" visa to come and go as he pleased (possibly with more drugs), and testify against the two border patrol agents who shot at him for running from them and his van filled with drugs, but for which he was not charged?

Why would the prosecutor take the word of one drug smuggler over that of two American border patrol agents and charge them rather that the drug smuggler? Why would they believe the drug smuggler was unarmed or that he did not point at the agents in an effort to make them believe he was armed? Why weren't they charged with a less severe crime, as they could have been?

WorldNetDaily.com, August 7, 2006...

Over two weeks after the incident, Christopher Sanchez, an investigator with the Department of Homeland Security's Office of Inspector General, received a call from a Border Patrol agent in Wilcox, Ariz. The agent's mother-in-law had received a call from Aldrete-Davila's mother in Mexico telling her that her son had been wounded in the buttocks in the shooting.

Sanchez followed up with a call of his own to the smuggler in Mexico. In a move that still confuses Ramos and Compean, the U.S. government filed charges against them after giving full immunity to Aldrete-Davila and paying for his medical treatment at an El Paso hospital.

At trial, Assistant U.S. Attorney Debra Kanof told the court that the agents had violated an unarmed [illegal alien drug smuggler] Aldrete-Davila's civil rights.

Kanof dismissed Ramos' testimony that he had seen something shiny in the smuggler's hand, saying that the agent couldn't be sure it was a gun he had seen.

Further, Kanof argued, it was a violation of Border Patrol policy for agents to pursue fleeing suspects. "Agents are not allowed to pursue. In order to exceed the speed limit, you have to get supervisor approval, and they did not," she told the Daily Bulletin.

Those shell casings Compean picked up [two weeks before it became a "crime scene"] were described to the jury as destroying the crime scene and their failure to file an incident report – punishable by a five-day suspension, according to Border Patrol regulations – an attempted cover up.

And, what's the purpose of prohibiting the Border Patrol from pursuing suspects? Looks like someone doesn't want them stopped!!!

The whole thing smells to me!

AAR

Yeah, AAR, it stinks to high Heaven. You brought up a number of good questions. I could only speculate as to the answers. I've also heard that Aldrete-Davila belonged to a cartel. What drug-smuggling cartel member carrying over 700 pounds of marijuana would be unarmed?!? This whole thing stinks.

And, what's the purpose of prohibiting the Border Patrol from pursuing suspects? Looks like someone doesn't want them stopped!!!

Yeah, that's exactly what it looks like. It's no wonder border security is such a joke. I think it's political-neither the Republicans nor the Democrats actually want to prohibit illegal aliens from entering the US- even if they have drugs, guns, or terrorists with them!

Let me make a clarification. Ramos and Compean did wrong. Of that, there is no doubt.

The problem lies in the charges and sentences. They could have been given simple administrative punishment, or even small criminal penalties. Instead, they had the maximum charges thrown at them. We have pedophiles who are given lesser sentences.

The rest of the border agents are 100% behind them, and their sentences make them think twice any time they have to arrest people, or consider pulling out their weapons.

That is the very simple version.

And that is not even getting into the issue of giving a drug smuggler, under investigation by the DEA, immunity, the ability to come across our border unfettered, and medical treatment at an army base.