Posted on 01/13/2007 9:25:57 PM PST by Mr. Mojo
Those who have been lobbying for a presidential pardon or other intervention from the government on behalf of two former U.S. Border Patrol agents sentenced to prison for shooting an escaping drug dealer in the buttocks should review the evidence in their cases, White House spokesman Tony Snow told WND.
"They (agents Jose Alonso Compean, 28, and Ignacio Ramos, 37) eventually went before a … jury – and were convicted on 11 of 12 counts, by a U.S. attorney who has prosecuted any number of cases. But the facts of this case are such that I would invite everybody to take a full look at the documented record," Snow said.
"This is not the case of the United States saying, we are not going to support people who go after drug dealers. Of course we are. We think it's incumbent to go after drug dealers, and we also think that it's vitally important to make sure that we provide border security so our people are secure," he continued.
"We also believe that the people who are working to secure that border themselves obey the law. And in a court of law, these two agents were convicted on 11 of 12 counts by a jury of their peers after a lengthy trial at which they did have the opportunity to make their case," he said.
His response came to a question from Les Kinsolving, WND's correspondent at the White House:
"A nationally syndicated columnist, Phyllis Schlafly, reports the following, and this is a quote: 'President Bush pardoned 16 criminals, including five drug dealers, at Christmastime, but so far has refused to pardon two U.S. Border Patrol agents who were trying to defend America against drug smugglers.' And my question: If Mrs. Schlafly was at all inaccurate in this statement, you would surely rebut, wouldn't you?"
Snow said he couldn't comment about the specifics of pardons. But he said Schlafly's reference should include the details, how "according to the facts presented in court, you had an incident in which there was an attempt to pull somebody over. He finally got pulled over; somebody holds out a gun. Sort of scuffling ensues. And what happens is you've got a fellow running away, and a couple of agents eventually in pursuit, firing 14 shots at him – I think 15, actually. Fourteen by one agent missed, one did strike him in the fleshy hindquarters."
At that point yet, Snow noted, the agents "did not know if he was an illegal. They did not know that there were 700 pounds of marijuana …"
"They also have rights of appeal. So I don't want to be acting here as – I'm not going to be judge and jury, but I do think that there's been a characterization that somehow the government is turning a blind eye toward the law in enforcing the law. And … I think that's the important thing. So take a look at the facts of the case."
He said questions about the fact that the government brought the man back from Mexico and gave him immunity on charges to testify against the agents would have to be answered by a lawyer.
As WND has reported, five congressmen recently issued a call to Attorney General Alberto Gonzalez to intervene.
The lawmakers have asked President Bush to pardon Compean and Ramos, who were sentenced to 12 years and 11 years, respectively, in October. But the sentences are scheduled to begin Jan. 17, and in lieu of a pardon, the congressmen are asking Gonzalez to request the Justice Department to direct federal prosecutors not to oppose a court motion to keep the agents free on bond during the appeals process.
Reps. Dana Rohrabacher, R-Calif.; Ted Poe, R-Texas; Rep. Walter Jones, R-N.C.; Duncan Hunter, R-Calif.; and Tom Tancredo, R-Colo.; announced their request in a news conference at the nation's capitol.
The lawmakers cited "discrepancies" in the government's case that they said raised questions as to whether justice was being served. The members of Congress were joined by former Border Patrol agent Andy Ramirez of Friends of the Border Patrol and T.J. Bonner and Rich Pierce of the National Border Patrol Council.
Bush also has received a letter about the case from more than 50 Congress members, and Grassfire.org has an online petition calling on the president to pardon the agents.
"Two brave Border Patrol agents trying to enforce the president's nonsensical border policy ending up being sent to prison, while an illegal alien drug smuggler is given immunity and walks free," Rohrabacher said.
As WND has reported, a federal jury convicted the two after a two-week trial on charges of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence and a civil rights violation.
The U.S. Attorney's Office for the Western District of Texas issued a statement in September arguing "the defendants were prosecuted because they had fired their weapons at a man who had attempted to surrender by holding his open hands in the air, at which time Agent Compean attempted to hit the man with the butt of Compean's shotgun, causing the man to run in fear of what the agents would do to him next."
The statement said, "Although both agents saw that the man was not armed, the agents fired at least 15 rounds at him while he was running away from them, hitting him once."
Ramirez of Friends of the Border Patrol said the drug smuggler has "fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."
Snow followed up after the press briefing by faxing 12 pages of comment about the case of the border guards, including the statement from U.S. Attorney Johnny Sutton, as well as a guest column he wrote for the El Paso Times in October.
"Agents Compean and Ramos were not railroaded by some over-zealous prosecutor, they were unanimously found guilty by a jury in a United States federal district court after a trial that lasted more than 2 ½ weeks," he wrote in the newspaper. "The problem for Mr. Compean and Mr. Ramos is that the jury did not believe their stories because they were not true."
"In America," he wrote, "law-enforcement officers do not get to shoot unarmed suspects who are running away, lie about it to their supervisors and file official reports that are false. That is a crime and prosecutors cannot look the other way."
Snow also faxed a six-page analysis of the case, with a list of unsigned myth-fact comparison statements.
On another related question, Kinsolving asked Snow: "What is the White House reaction to The Washington Times reporting that our National Guard troops in the Mexican border near Sasabe, Arizona being required to be disarmed, and who had to evacuate due to incursions by armed Mexicans?"
"Talk to the Border Patrol about that," Snow said.
Roger that ~ Snow is losing what little integrity he had!!
Roger that! He should get out now and try to salvage what little integrity he can manage.
Surely, you don't really believe this. We might argue whether or not it is right to make their job "easier". But, there is NO QUESTION, that allowing them to shoot at fleeing suspects does.
When people KNOW they may be shot just for running, they will be far less likely to run. If you want effective enforcement, this is a great first step.
I don't know, maybe because he didn't feel like being incarcerated for a year or more while the D.A. decides to dismiss the case? Just a thought.
Do you really think Scalia believes "People of the United States" includes illegals standing on U.S. soil? I don't. But, this also makes your position on the rights of illegals clear. You, in the (mis)guise of Scalia, wish to confer all rights of the U.S. Constitution on the illegals standing on our soil.
ONe has to wonder if the Border Patrol have ever heard of "shoot, shut up, and shovel".
----Juries are NEVER informed of the right of jury nullification, it might actually allow the unwashed masses of the People to have a bit of control over their own country, dontchaknow!----
Thank you Mama for pointing that out to the masses. Bravo, Bravo!!!
Go to the below link to learn your rights as a juror!!
http://www.fija.org/
"I have to believe that Tony Snow gnashes his teeth at night over this">
One has to wonder why he abondened his post as a commentator and thereby making a minority position even smaller to prostitute himself to the Oaf in Charge. He already had a premier gig.
Scalia would argue that there is a difference between the word "citizen" and the word "person" when used in the Constitution, thank him very much.
He will as well turn his back on our sovereignty when he smells a trade agreement whether it is in our best national interest or a tyrant communist dictatorship. His policies concerning our borders have nothing to do with protecting our nation and everything to do with his obsession of a hemispheric trade union pipe dream.
His sworn duty is not to try and create or be the hemispheric president. His sworn duty is not to sell us out to Mexico. His sworn duty is not to put us into entanglements. What part of the Constitution of the United States does Bush actually understand? Our nation has immigration laws and national borders. It is that mans sworn duty to uphold both.
I never listened to Snow.
So do I.
Its despicable. Typical of Gonzales and the current administration on the "Be Kind to Mexico" policy.
And its working too - they REALLY love us. In an election between the current incumbent and an anti-American pro-Chavez socialist, the latter very nearly won.
illegal aliens are always handed a free pass.
yes indeed
You're wrong on this one Tony. This is just so, so wrong.
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