Special counsel sought for imprisoned border agents

WorldNetDaily.com ^ | January 18, 2007 | Jerome Corsi

[Man50D]

The head of a union representing most Border Patrol agents is calling on President Bush and Congress to appoint a special counsel to investigate the case of agents Ignacio Ramos and Jose Alonso Compean, who began prison sentences yesterday for shooting a Mexican drug smuggler.

TJ Bonner, president of the National Border Patrol Council, which represents 60 percent of the nation's agents, called the convictions an outrage.

"This case involves two innocent men doing their job, trying to secure our borders," he told WND. "They were defending themselves against an armed drug smuggler, and yet they end up in prison. How is that possible?"

On Tuesday, federal Judge Kathleen Cardone of El Paso, Texas, denied Ramos' and Compean's contention they were not a flight risk and rejected their motion to stay out of prison on bond while they appeal their case to the 5th Circuit Court of Appeals in New Orleans.

Bonner told WND the agents' imprisonment will have a detrimental effect on the willingness of Border Patrol agents to go out and enforce immigration laws.

"The Bush administration is sending a message to all law enforcement officers," Bonner told WND, "that it is to be 'hands off the border, leave it wide open, don't you dare do your jobs or you too will end up in federal prison.' "After this travesty of justice," he continued, "why would any Border Patrol agent stick their neck out trying to apprehend a Mexican drug smuggler, especially when you realize that you could be the one who ends up behind bars?"

The Bush administration continues to argue on background that Ramos and Compean lied to Border Patrol officials and covered up evidence, asserting the Mexican drug smuggler was not armed and had attempted to surrender peacefully.

Bonner disagrees, arguing there were "only three people who saw what happened on the other side of that levee – Agent Ramos, Agent Compean, and the Mexican drug smuggler, Osbaldo Aldrete-Davila."

"The agents testified that the drug smuggler did not have his hands up, that he was running away, and that he pointed an object at them that they believed to be a gun. So, the agents opened fire," Bonner said. "Essentially, what the White House is saying is that they believe the word of a drug smuggler over the word of two sworn federal agents."

The Bush administration further charges Ramos and Compean failed to file a report that was required after their weapons had been discharged.

Bonner argues that under Border Patrol policy, Ramos and Compean were required to make an oral report, not a written report.

"The agents did fail to make an oral report, but under Border Patrol policy, that failure merits at most a five-day suspension. It is not a crime, it is an administrative violation."

Bonner said a lot of Americans are wondering why the Bush administration seems to be making an effort to represent the case the way the drug smuggler wants it seen.

"If you go to the U.S. attorney's website and look at their version of the events, it looks like the drug smuggler wrote that statement himself," he said. "The U.S. attorney is relying on the drug smuggler's statements, and this drug smuggler has everything to gain by lying."

Bonner pointed out the drug smuggler is suing the federal government for $5 million.

"The government is aiding his case by prosecuting these Border Patrol agents wrongfully," Bonner said. "The U.S. government has virtually guaranteed that Osbaldo Aldrete-Davila is going to walk away."

A statement from U.S. Attorney Johnny Sutton, published Oct. 23, 2006, on the U.S. Department of Justice U.S. Attorney's Office for the Western District of Texas, claims Compean and Ramos "shot 15 times at an unarmed man who was running away from them and posed no threat. They lied about what happened, covered up the shooting, conspired to destroy the evidence and then proceeded to write up and file a false report."

In the Feb. 17, 2005 incident, the van driven by Aldrete-Davila was found subsequently to contain 743 pounds of marijuana.

Aldrete-Davila was hit in the buttocks in the shooting incident.

In exchange for giving his testimony at trial, Aldrete-Davila was given immunity by the U.S. government for all events occurring in that incident, including his drug smuggling into the United States.

A rumor persists that Aldrete-Davila subsequently was arrested in October 2005 smuggling another 1,000 pounds of marijuana, but the indictment was sealed and later expunged because Aldrete-Davila was the star witness in the government's case against Ramos and Compean.

In a telephone interview with WND, Shana Jones, spokeswoman for U.S. Attorney Sutton's office, denied Aldrete-Davila had ever been arrested for drug smuggling.

A "Myths vs. Facts" press release published yesterday by Sutton's office repeated the denial, stating, "The Western District of Texas leads the nation in the number of individuals we prosecute for illegally smuggling drugs into this country. If we had a provable case against Aldrete, we would prosecute him."

Sutton's press release denied Aldrete-Davila was given "blanket immunity" for any crimes he may have committed or may commit in the future.

The U.S. attorney argued giving Aldrete-Davila a promise that the government would not use his truthful statements gave up very little, because the case against him "was not prosecutable."

Sutton states there was no provable evidence against Aldrete-Davila "until he agreed to cooperate."

Shana Jones argued to WND that a jury convicted Ramos and Compean, rejecting the version of events they presented in self-defense. Sutton continues to maintain the agents committed a crime by firing at an unarmed suspect who was fleeing the scene, stating in the "Myths v. Facts" press release that, "This is a crime and prosecutors cannot look the other way."

Bonner told WND he strongly insists Ramos and Compean should never have been prosecuted.

"What you have here is a case of two Border Patrol agents going to prison for simply trying to do their jobs," he said. It's a tragedy beyond description. "Both men have small children and how do you explain this to the children who are old enough to talk and comprehend what is happening?" he asked. "How do you explain to a child why Daddy is going to prison for a long time? At that age, things are black and white. Good people are on the outside of the prison bars and bad people are behind bars. How do you explain that Daddy's going to prison even though he did nothing wrong?"

Bonner told WND the case also shatters his faith in the rule of law.

"How is it that the drug smuggler goes free, but the two Border Patrol agents who were trying to apprehend him are going to prison?" he asked. "In this case, the drug smuggler not only gets off totally free, he walks away laughing then turns around to sue the federal government for $5 million.

"The drug smuggler is going to end off well-paid for his crime while the families of Ramos and Compean are going to suffer for years because these husbands and fathers were trying to do their sworn duty as Border Patrol agents."

Bonner said the Bush administration has been a "big disappointment to those of us in the conservative base who worked hard to elect him president in 2000 and 2004."

"There is no doubt in my mind that Osbaldo Aldrete-Davila is a lieutenant in the Mexican drug cartels," he said. "There is a drug war waging across our borders, and the Bush administration's unwillingness to pardon agents Ramos and Compean only serves to put the drug cartels on notice that our borders will remain wide open to them. Ramos and Compean should be given medals for doing what they did, not going to jail. The whole case is an outrage and a tragedy."

The National Border Patrol Council has set up a Border Patrol Agents Legal Defense and Relief Fund. The group's website notes all donations designated for Ramos and Compean will be used to fund their legal defense and assist their families.

[ARE SOLE]

If only Agent Ramos had aimed a little higher he might have killed this drug runner and the world would be a better place.

[dennisw]

The prosecutor is somebody's butt boy. Is not acting alone. This maggot has shattered confidence in our efforts to secure the Mexican border. Illegal aliens flood this country, engage in identity theft, drive illegally, have no auto insurance and slide. While these two Border Patrol agents get cut zero slack. This case is designed to make all our Border Patrol back off. Not be aggressive with illegal alien criminals such as the one that got his butt shot

BTW this low life Mexican drug smuggler was caught a few weeks later smuggling drugs here and was given immunity on that charge too!!

[SkyPilot]

World Net Daily is the only media source I have seen on top of this case from the beginning. Last night, however, Mr. Bonner (representing the Border Agents) was on CNN.

This case is quickly (very quickly) morphing into the Bush Administration's version of the Duke "rape" case - and the President will end up being Mike Nifong if he isn't careful.

What is the Bush Administration smoking?

Even Tony Snow weighed in. While usually a voice of sanity in a world gone absolutely mad - Mr. Snow's comments were "not helpful" (I am trying to be polite Tony).

I have searched and searched for answers, and all I can come up with is that President Bush does not want to escalate this case with Mexico, and is willing to sacrifice two federal agents to do it.

[dokmad]

I have searched and searched for answers, and all I can come up with is that President Bush does not want to escalate this case with Mexico, and is willing to sacrifice two federal agents to do it.

Look, here it is in a nutshell. What have Americans done to stand up on the border issue? We talk about it. Most polls say Americans want the borders controlled. But we do nothing but whine and complain.

There needs to be public outcry of biblical proportions. A massive march on Washington. Liberals thrown out of office. Public demand to enforce immigration laws. Public backlash against rouge liberal federal judges. I could go on and on. But what do we do? NOTHING! We reap what we sow. Sad, isn't it!

[PGalt]

BTTT!

[flynmudd]

Let's all keep in mind that the two agents tried to cover up the incident, breaking the law themselves. Two wrongs don't make a right. I feel sorry for these two men and the restrictions that the rest have to deal with, but nobody is above the law.

[Mane in Virginia]

"I feel sorry for these two men and the restrictions that the rest have to deal with, but nobody is above the law."

Except Jorge Bush it seems...

[RNO1]

The penalty for what they did was administrative...Not prison time like they got.....Not only did they give this drug dealer amnesty once....They gave it to him twice.....For another instance that he brought drugs into this Country....Both of their supervisors were in attendance when this happened....It never ever should have gotten to point of putting them in prison....Our border security is a joke right now and that puts all of us at risk......

[spectre]

"Both men have small children and how do you explain this to the children who are old enough to talk and comprehend what is happening?" he asked. "How do you explain to a child why Daddy is going to prison for a long time? At that age, things are black and white. Good people are on the outside of the prison bars and bad people are behind bars. How do you explain that Daddy's going to prison even though he did nothing wrong?"

No kidding. Illegal Aliens aren't the only ones who have children..Americans do too.

sw

[july4thfreedomfoundation]

Bush should get off his dead ass and pardon these two
men, and apologize to them as well.

Perhaps Bush is the one who should be jailed,
for he's the one who isn't doimg a damn thing to
secure our borders!

George W., Arnold, Olympia Snow, Susan Collins,
McCain, Guilani......I'm getting really tired of
fake "Republicans."

[TheBattman]

Bush loves illegals - and has no interest in stemming the flow of either illegal immigrants, their smugglers, or the drug trade. There is some sort of vested interest that I sure wish would be exposed for the world to see.

GW's lack of action to help these border agents out is quite telling.

I'm done defending Bush to family, friends, and those who I use to would rebut.

[Wolfie]

Bush loves illegals

Nonsense. His cronies love cheap, below-market-value labor. Their legal status has nothing to do with it.

[wolfcreek]

What ever action that is to be taken better happen pretty quick. Every day these guys are in confinment is a day closer to death in a prison full of illegals.

[CharlesWayneCT]

How you can tell you have a bad case: When a paper which is strongly on your side runs a news report extensively quoting your lawyer and does it's best to present the facts in your favor.....


And people come away from reading the article knowing that you belong in prison.

[CharlesWayneCT]

Tony's comments were "not helpful" to those who seem to think that Americans should be free to shoot illegals.

[CharlesWayneCT]

They didn't go to jail for filing a false report. Failing to provide an oral briefing, and filing a false report, are simply evidence that they were trying to hide something.

It is evidence that lends credibility to that "mexican drug smuggler". They also collected "evidence" which appears to be to hide their shooting. And they admit the guy was unarmed.

As someone said, it comes down to who you believe. The facts are not good for the border agents -- the man WAS shot, he was unarmed, the man was shot multiple times IN THE BACK, when he clearly was running away. The agents were unharmed, and have no evidence they were ever in any danger.

Against the facts, you have the agents personal testimony that they "thought the man pointed a weapon at them", and they "thought they heard gunshots". And the man testifying that he pointed nothing at them, and he was trying to surrender but he felt threatened by their actions so he ran away.

In judging a case where one side's testimony is both self-serving AND contrary to the known facts, the bar for them is pretty high. And their actions immediately following the shooting was consistant with them trying to hide a crime, and NOT consistant with two men who just rightly shot a man who was a threat to them.

They could have rightly shot, and then simply panicked when they caught the guy and found he was not armed. But the only evidence of that is their own testimony, given AFTER they were caught and charged, which makes it sound like a story to get them off, not the truth.

[CharlesWayneCT]

Well, it will be hard to explain that "daddy is going to prison even though he did nothing wrong", because daddy is going to prison because a prosecuter, a judge, and 12 jury members are conviced beyond a reasonable doubt, having seen the evidence, that daddy DID do something wrong.

[CharlesWayneCT]

There are days when I read threads like this and find this place indistinguishable from DU, except that we still don't use foul language.

[SkyPilot]

He was a drug runner and a criminal who invaded our soverign border.

You take his word over that of two agents, (who are husbands and fathers) who did their job. That says a lot about you.