We Need Compassion for Our Border Guards

[peejay 327]

We Need Compassion for Our Border Guards

by Phyllis Schlafly

Posted Jan 01, 2007

President Bush pardoned 16 criminals including five drug dealers at Christmastime, but so far has refused to pardon the two U.S. Border Patrol agents who were trying to defend Americans against drug smugglers. It makes us wonder which side the self-proclaimed "compassionate" president is on.

Border Patrol Agents Ignacio Ramos and Jose Compean were guarding the Mexican border near El Paso, Texas, on Feb. 17, 2005, when they intercepted a van carrying 743 pounds of marijuana. For what happened next, they were convicted and sentenced under a statute that was designed to impose heavy punishment on criminal drug smugglers caught in the commission of a crime.

The two agents are scheduled to start 11-year and 12-year prison terms, respectively, on Jan. 17, for the crime of putting one bullet in the buttocks of the admitted drug smuggler, Osvaldo Aldrete-Davila, and failing to report the discharge of their firearms. The nonfatal bullet didn't stop the smuggler from running to escape in a van waiting for him on the Mexican side of the border.

Rep. Dana Rohrabacher (R.-Calif.) called the two agents heroes. "Because of their actions, more than a million dollars in illegal drugs were stopped from being sold to our children. Bringing felony charges against them is a travesty of justice beyond description."

The White House and the U.S. Department of Justice are stonewalling requests for a presidential pardon from 55 members of Congress and U.S. citizens who have sent at least 160,000 petitions and 15,000 faxes. When the Bush administration deigns to respond at all, the official line is that the Border Patrol agents got a fair trial.

But that's not true; they didn't get a fair trial. They were convicted because the Justice Department sent investigators into Mexico, tracked down the drug smuggler, and gave him immunity from all prosecution for his drug smuggling crimes if he would please come back and testify against Ramos and Compean.

It was massively unfair to give immunity to an illegal alien narcotics trafficker while destroying the lives and families of two Border Patrol agents who risked their lives to stop him. Ramos and Compean were convicted mainly on the testimony of the immunity-sheltered drug smuggler, whose integrity should have been called into question, but Ramos and Compean were forbidden to do that during the trial.

The prosecutor even tried to get Ramos and Compean convicted of attempted murder! The jury acquitted them of that outlandish charge, but the government still asked for a sentence of 20 years for the other counts on which they were convicted.

How did the prosecution go from an administrative violation for failing to report a firearm discharge, with the penalty of perhaps a five-day suspension, to prosecution for intent to commit murder?

After the trial, two jurors gave sworn statements that they had been pressured to render a guilty verdict and did not understand that a hung jury was possible.

A major argument used by the prosecution during the trial was that our government has a policy forbidding agents from chasing suspected drug smugglers without first getting permission from supervisors. That sounds like a no-arrest policy. By the time an agent gets permission, a smuggler can be out of sight and safely back over the border.

There were a couple of factual discrepancies between the smuggler's story and the agents' testimony, but the government chose to believe the drug smuggler rather than Border Patrol agents with clean records. Ramos was nominated for Border Patrol Agent of the year in 2005, and Compean served honorably in the Navy before joining the Border Patrol.

The Bush administration tidied up Aldrete's wound at a U.S. hospital at our expense and opened the way for him to sue the U.S. government for $5 million for violating his civil rights, which he is now doing.

This case exposes the misplaced priorities of the Bush administration. The case also reminds us that our Border Patrol agents are in daily danger from hardened criminals.

The Department of Homeland Security issued this Officer Safety Alert on Dec. 21, 2005: "Unidentified Mexican alien smugglers ... have agreed that the best way to deal with U.S. Border Patrol agents is to hire a group of contract killers." The alert cautions that to perform the killings, the smugglers intend to use the Mara Salvatrucha (MS-13) street gang, known for its unspeakable atrocities and torture.

T.J. Bonner, president of the National Border Patrol Council. said: "There is a palpable sense of outrage and betrayal. Here, you have five convicted drug dealers being pardoned, and two Border Patrol agents, who were doing their job, fighting the war on drugs on the front lines, and they're going to prison."

This case is a test of Bush's character, compassion, and concern for drugs coming across our border. He can't duck responsibility: the prosecutor, U.S. Attorney Johnny Sutton, and the judge, Kathleen Cardone, are both Bush appointees.

http://www.humanevents.com/article.php?id=18709

[Hornet 2]

It's a malfunction of this whole govt and so-called Justice system. Charge happy prosecutors just like in the Duke Lacrosse case. No common sense or basic fairness at all.

And the drug dealer will probably get $5 million of OUR money. Tax payer money. But the govt doesn't care becoz they'll just take more from us.

Disgusted but not surprised.

[Sofiyya 1,687]

This is absolutely shameful, but it's not surprizing because it's just another expression of our backwards values all the way around.

At this rate, why have border guards to enforce the law? Just have crossing guards to control the traffic.

Edited January 2, 2007 by szsz

[w¡n9Nµ7 §£@¥€r 123]

LOL, illegal immigrants welcome if the light is green!

[peejay 327]

At this rate, why have border guards to enforce the law? Just have crossing guards to control the traffic.

I thought that was official government policy already.

When we have an President that believes he has every right to manipulate the laws to achieve his own private agenda...we get what we got.

Which is millions of cheap illegal workers (way in excess of legal immigration quotas set by law) for his cronies in corporate America. It never could have been achieved at this level of lunacy without casterating the US Border Patrol and the old INS.

The oligarchy reigns supreme!

[keltic 1]

i can not even begin to comment on the ludicrousness of this whole situation... its all just so wrong

i will say that i fail to understand how someone who is not a USC or a legal resident can sue anyone on a violation of their civil rights here in america... they dont have the rights of an american because they are not american... im not saying that it wont/doesnt happen, just that i dont see how it can be justified... why should a man who entered this country illegally with such an incredible amount of drugs NOT expect to have to face the consequences of his actions (ranging from arrest, a wound upon fleeing, or even death)?

[almaty 19]

just wrong////

[peejay 327]

i can not even begin to comment on the ludicrousness of this whole situation... its all just so wrong

Here is a link with the address to write to the President to implore him to pardon these US Border Patrol Officers:

http://www.congress.org/congressorg/bio/?id=20004&lvl=F

There are also links on the webpage for the addresses to write to your Senators and Congressional House Rep to implore them to pressure the President to pardon these officers. I have already written to both the President and Congress.

It is my understanding (correct me if I'm wrong) that there is no parole in the Federal prison system and sentences meted out are served to term. It is an outrage that these officers serve even 1 day...much less the excessive 11 and 12 year terms meted out.

This situation is too absurd to believe. Sadly...it is true.

[mybackpages 0]

Here's the DOJ statement on why they were prosecuted:

This office did not prosecute the defendants because they had violated Border Patrol policies. They were prosecuted because they had fired their weapons at a man who had attempted to surrender, but, while his open hands were held in the air, Agent Compean attempted to hit the man with the butt of his shotgun. In fear of what the agents would do to him next, the man ran away from the agents, who then fired at least 15 rounds at him, although they had seen his open hands and knew that he was not holding a weapon and had no reason to think that he had a weapon, hitting him once causing serious bodily injury. The references to policies are made only to demonstrate that had the defendants believed that the shooting was justified, there was no reason for them to conceal it from supervisors and remove evidence from the scene. The laws of the United States make it a crime for law enforcement officers to use excessive force in apprehending suspects. It is a violation of any person’s Constitutional rights to shoot at them after they have attempted to surrender, knowing that they are unarmed and pose no danger to the officers or anyone else.

http://www.usdoj.gov/usao/txw/press_releas...0conviction.pdf

[Sofiyya 1,687]

That same drug smuggler was later arrested trying to smuggle drugs into the US again after testifying. Too bad they missed anything vital when they shot at him.

Somebody inform the DOJ that it's also against the law to smuggle drugs into the US and to cross the border illegally.

Edited January 3, 2007 by szsz

[peejay 327]

Here's the DOJ statement on why they were prosecuted:

http://www.usdoj.gov/usao/txw/press_releas...0conviction.pdf

Interesting reading...but 11 and 12 year sentences do not fit the crime. And giving immunity to an illegal alien drug smuggler to do it is too bizarre to comprehend. These guys should have been fired, but the harsh prison terms meted out are way out of line.

It is just more of the same Bush a$$kissing of Mexico without any reciprocality from them. I have very little doubt that certain people pushed this prosecution to the extreme for their own private agenda. It didn't go this far out of thin air.

These guys should be pardoned.

[w¡n9Nµ7 §£@¥€r 123]

If the objection is that the punishment is too harsh, then shouldn't the demand be to reduce the punishment to something more reasonable? Why the demand for an outright pardon?

[mybackpages 0]

Here's the DOJ statement on why they were prosecuted:

http://www.usdoj.gov/usao/txw/press_releas...0conviction.pdf

Interesting reading...but 11 and 12 year sentences do not fit the crime. And giving immunity to an illegal alien drug smuggler to do it is too bizarre to comprehend. These guys should have been fired, but the harsh prison terms meted out are way out of line.

It is just more of the same Bush a$$kissing of Mexico without any reciprocality from them. I have very little doubt that certain people pushed this prosecution to the extreme for their own private agenda. It didn't go this far out of thin air.

These guys should be pardoned.

I agree there are legitimate reasons to use the pardon forgive those convicted of crimes (not just pardon those falsely convicted). Politic is playing a role here.

[Sofiyya 1,687]

If the objection is that the punishment is too harsh, then shouldn't the demand be to reduce the punishment to something more reasonable? Why the demand for an outright pardon?

Because they should give them the same sentence the real criminal received. Nada.

[peejay 327]

If the objection is that the punishment is too harsh, then shouldn't the demand be to reduce the punishment to something more reasonable? Why the demand for an outright pardon?

Because they should give them the same sentence the real criminal received. Nada.

Ditto for me too!