Tis the season for Presidential pardons... Here's a case worthy of one!

[helicopper 1,050]

Please call the White House 202-456-1111 and request that President Bush pardon Border Agents Ramos and Campean. Fax directly to the White House (2024562461) . It just takes a few minutes of your time and could make a huge difference to these border patrol agents and their families!

If you are in law enforcement or have family or friends in law enforcement but you don't really care about this case, see bolded paragraph below to see how it affects us all.

Human Events: Mr. President, Free the Border Agents

Rep. Dana Rohrabacher

Washington, Dec 16, 2008 - For over two and a half years, the unjust prosecution and imprisonment of U.S. Border Agents Ignacio Ramos and Jose Compean has weighed heavy on the hearts and minds of millions of Americans.

As more details about the case emerge, the louder the pleas for justice have become. The American people cannot seem to reconcile how two law enforcement officers whose job was to protect our borders from illegal aliens, drug smugglers, human traffickers, and terrorists could end up sitting in solitary confinement, facing over a decade in federal prison, for shooting and wounding an illegal alien in the process of smuggling over a million dollars worth of drugs across our Southern border in Texas.

For reasons we have to yet to fully understand, the U.S. Attorney’s Office in El Paso decided to pursue criminal charges against agents Ramos and Compean instead of against the real criminal, Osvaldo Aldrete Davila. He resisted arrest, assaulted an officer and left behind 743 pounds of marijuana as he absconded back to Mexico.

According to the prosecution, Mr. Davila was the “victim” and deserved to be treated as such. He was subsequently rewarded with full immunity for his crimes, free health care and unconditional border-crossing cards permitting him to come and go across the border as often as he liked, without escort. Unbeknownst to the jury, Davila was involved in another drug-smuggling incident several months before the trial. The prosecution, however, was well aware of his illicit activities and asked the trial judge to keep this information from the jury because it was not “relevant.” The judge granted their request because, after all, the illegal alien drug smuggler was the “victim.”

From the courthouse to the White House, it seems as though the politics of the Southern border demanded Ramos and Compean be the scapegoats for this, but at what cost? Every law enforcement officer who discharges his weapon in a split-second, deadly force situation, now faces the possibility of being charged under 18 U.S.C. 924 © -- “discharge of a firearm during a crime of violence” -- which carries a mandatory 10-year minimum sentence. Since the law was enacted in 1968, the Ramos and Compean case is the only time this statute has been applied to law enforcement officers who are lawfully permitted to carry and fire their weapons in a potential deadly force situation.

Although the punishment was set by Congress, a point often made by U.S. Attorney Johnny Sutton, it is clear the case of Ramos and Compean is outside the law’s original intent. The legislation’s chief sponsor, Rep. Richard Poff (R.-Va.), specifically stated during floor debate in 1968 that §924© was intended to “persuade the man who is tempted to commit a federal felony to leave his gun at home.” Other lawmakers, including Rep. Thomas Meskill (R.-Conn.), echoed this sentiment: “We are concerned … with having the criminal leave his gun at home,” said Meskill.

The U.S. Attorney’s Office based its prosecution primarily on the testimony of the “victim,” Aldrete-Davila. Ironically, in November 2007, Davila was finally arrested, charged with multiple drug-smuggling activities prior to the border agents’ trial, pleaded guilty to all charges and sentenced to 9 and a half years in prison -- less time than Ramos and Compean. During Davila’s sentencing hearing this past summer, the same prosecutors who portrayed him as a victim and one-time offender when he was their star witness against Ramos and Compean now characterized him as “a major participant in a systematic form of drug trafficking.”

According to the U.S. Sentencing Commission, the average sentence for sexual abuse is eight years, manslaughter four years, assault three years and firearms cases, less than three years. Ramos and Compean’s sentences? 11 and 12 years, respectively. Obviously, their punishment is profoundly disproportionate and harsh.

Even U.S. Attorney Johnny Sutton as recently as Nov.14, 2008, said, “The only question, I think a legitimate question, is: ‘Is the punishment too harsh?’ I have always said the punishment in this case was harsh.” Mr. Sutton has often repeated this claim, including in his July 17, 2007, Senate testimony in which he stated, “Some say it’s too much time, and I have some sympathy for that.” He has also implied that, had the jury been aware of the 10-year mandatory minimum sentence, they probably would not have convicted the agents. Even Davila told a reporter he thought the penalties were excessive.

Ramos and Compean were not rogue or corrupt officers. They did not wake up the morning of Feb. 17, 2005, intent on committing a crime, unlike Davila. On that fateful day, they put on their uniforms, strapped on their badges and guns to protect our families from illegal alien criminals like Aldrete Davila. Some mistakes may have been made that day, but by no means should Ramos and Compean be in prison for the next decade as a result.

In retrospect, there are many victims in this case, and the drug smuggler certainly isn’t one of them. Border security, law enforcement, the judicial system, and the families (two wives without their husbands and six children without their fathers) are all victims of the misguided ambition of a political prosecution. Agent Ramos’s youngest son, Jacob, now 8, was asked what he wanted to be when he grows up and he said without hesitation, “a Border Patrol agent, like my dad.”

There is still time for President Bush to do the right thing. The agents and their families have suffered enough. Will the President allow little Jacob to grow up with his faith in justice in America intact? Mr. President, it is up to you. If you are unwilling to pardon Ramos and Compean, at least commute their decade-long sentences and bring them home.

(not subject to copyright restrictions on reproduction/distribution)

[redmack 0]

Online Petition

Please sign the petition and forward to your friends.

[batt2 145]

Good article about the case...

http://www.newswithviews.com/Corsi/jerome1.htm

[dadbo46 50]

Please call the White House 202-456-1111 and request that President Bush pardon Border Agents Ramos and Campean. Fax directly to the White House (2024562461) . It just takes a few minutes of your time and could make a huge difference to these border patrol agents and their families!

DONE !

[Guest]

Fax sent!

[IzzyEng4 427]

Guys, I don't know how violent crime, as in this case was argued by the courts, are handled with a presidential pardon. I don't believe they are heard but it doesn't hurt to try to get them a pardon for doing their jobs!

[ex-commish 490]

This is a total outrage. A convicted drug dealer who was smuggling poison into our country is shot by two agents doing thier JOB protecting our country from slime coming in and they get prison. They should of recieved medals and the drug dealer should of been strung up on the border fence for target practice.

Just another case of giving in to the liberal element that is rapidly taking over our country. I have to say I have lost alot of respect for George Bush on this one. They should of been pardoned allready.

[ckroll 101]

Just another case of giving in to the liberal element that is rapidly taking over our country. I have to say I have lost alot of respect for George Bush on this one. They should of been pardoned allready.

They were convicted by a jury in Texas. Please, never use the words 'libera'l and 'Texas' in the same sentence.

[helicopper 1,050]

Guys, I don't know how violent crime, as in this case was argued by the courts, are handled with a presidential pardon. I don't believe they are heard but it doesn't hurt to try to get them a pardon for doing their jobs!

Considering that Clinton pardoned a group of TERRORISTS at the end of his second term, I'd have to say that violent crimes can and are occasionally handled by presidential pardon.

Given that these guys were federal law enforcement officers just doing their jobs when some absolutely insane power-hungry over zealous deputy US attorney pulled the rug out from under them, this case OUGHT to be reviewed by the President.

I'll be very disappointed if these guys stay in jail!

Thanks to all who sent something in!

[NWFDMedic 58]

It's definitely a difficult situation because if you actually read the proceedings of the trial, these two officers were definitely in the wrong and in violation of policy. A jury should not be asked to render their decision based on the length of the sentence, but merely upon the facts, which in this case were pretty clear that the two officers were in the wrong.

I certainly agree with the sentiment of the jury that law enforcement officers should be held to a higher standard than your average Joe. Just because they shot scum doesn't mean the ends is justified by the means. These guys were made an example of and I'm sure the point was made crystal clear. Unfortunately, the sentencing requirements are more punitive than corrective.

[ex-commish 490]

These guys were made an example of and I'm sure the point was made crystal clear.

The point made was it is ok for convicted, illegal, drug dealing immigrants to bring drugs into our country.

[ckroll 101]

The point made was it is ok for convicted, illegal, drug dealing immigrants to bring drugs into our country.

At issue are mandatory sentencing requirements. Having done jury duty for same, the law is clear. Juries deliberate on the facts of a case only. The law in this situation mandates the sentence. Mandatory sentencing is not the work of a liberal cabal trying to undermine freedom, it is the demon spawn of conservatives trying to tie the hands of courts to prevent leniency on the part of compassionate judiciary a.k.a. the 'liberals'.

Even in the rabidly liberal bastion of New York we live with mandatory sentencing for drug possession crimes that are among the most draconian in the nation. And they are passionately defended by unions who see full prisons as job security. None of this is the work of liberals.

In the case of these officers --who, by reasonable account, shot someone in the back, picked up their shell casings and never reported it, all without knowing that drugs were involved-- they should have lost their jobs for what they did, but the severity of the sentence was excessive given the circumstances.

It is a cautionary tale for us all. In the name of 'duty' two border officers crossed the boundaries of their profession. When they did that, they lost the protections that that profession offers, and they then fell prey to the mandatory sentencing laws.

None of us know the facts of the case, but it sounds as if the greater good was not served by imprisoning these men. While you write asking for these men to be pardoned, consider a letter to NY politicians asking them to close some of our catastrophic budget shortfall by commuting the sentences for thousands of New Yorkers serving 20 to life for trivial possession convictions., and then to take the laws that put them away off the books.

[helicopper 1,050]

It's definitely a difficult situation because if you actually read the proceedings of the trial, these two officers were definitely in the wrong and in violation of policy. A jury should not be asked to render their decision based on the length of the sentence, but merely upon the facts, which in this case were pretty clear that the two officers were in the wrong.

I certainly agree with the sentiment of the jury that law enforcement officers should be held to a higher standard than your average Joe. Just because they shot scum doesn't mean the ends is justified by the means. These guys were made an example of and I'm sure the point was made crystal clear. Unfortunately, the sentencing requirements are more punitive than corrective.

I have actually read the proceedings of the case and am not so quick to assert that these officers were "definitely wrong and in violation of policy". A jury should be asked to render judgement not based upon the sentence or "merely" the facts but rather the totality of the circumstances and ALL OF THE FACTS. I don't know what reports you've been reading but it must be vastly different than the reports that I have been reading. At issue is whether or not the jury even heard all of the facts or only those that supported the prosecutors case.

"Just because they shot scum"? Really? They were pursuing a suspected drug or human trafficker who was attempting to elude them after illegally entering this country and actually fought with one of them before escaping back over the border. At the time of the incident, it wasn't even KNOWN that he had been wounded in the gunfire.

Many countries actually have their borders protected by the military. We have chosen to have ours protected by law enforcement. We have further limited their resources, their personnel, and virtually handcuffed them with politically correct policies that do nothing to protect us but rather the people illegally entering. Now we take two of these law enforcement officers and charge them with federal CRIMES for what, even by your analysis, was perhaps a violation of CBP policy. No violation of such policy results in incarceration for 11 or 12 YEARS.

This case screams political grandstanding and it is done at the expense of two law enforcement officers and their families. That's a big problem!

[dmc2007 17]

It looks like Bush has decided to commute the sentences of Agents Ramos and Compean. While not a full pardon, at least they will be going home to their families soon.

http://www.usatoday.com/news/washington/20...h-pardons_N.htm

[SageVigiles 1,194]

Damn, you beat me to it. I was about to post that. They should be released in about 2 months.

[ex-commish 490]

I would of rather of seen a full pardon but am glad these guys will be released. They should of never been jailed in the first place.

[COMMANDCHIEF 4]

I';m glad the President did the right thing here. They should have given the Agents a medal for what they did. Just to show you. The savages are taking control.

[AFS1970 504]

This was too little, too late. They should have received a full pardon, and it should not have had to wait until the last day. he could have done this in 2005 and made everything right. As it is now, they are still convicted felons and will never work in their chosen professions again. This also does not fix the case law issue.

I am actually surprised that President Bush did this, as I sent a fax from the NumbersUSA site, which posted the message that the administration was ignoring all calls and faxes from the public during the last week in office.

By doing this today, along with a whole batch of last ditch political tricks, that every outgoing President seems to do, it minimizes this case to just another moment in political footnoting.

[Just a guy 493]

this was a travesty of justice from the get go but at least these guys will be out of jail and home where they belong. I hope they sue for their jobs back and get reinstated with full back pay !!!