Cornyn, Feinstein ask Bush to commute sentences for border agents

WASHINGTON — Two members of the Senate Judiciary Committee urged President Bush on Wednesday to commute the prison sentences of a pair of former Border Patrol agents convicted of shooting an unarmed man and trying to cover it up.

Sens. John Cornyn, R-Texas, and Dianne Feinstein, D-Calif., said in a letter to the White House that the case involved "prosecutorial overreaching."

The agents, Jose Alonso Compean and Ignacio Ramos, are serving 12 and 11 years in prison, respectively, for wounding a suspected drug dealer after he entered the United States illegally in a van with more than 700 pounds of marijuana. The suspect, Osvaldo Aldrete Davila, was given immunity to testify against the officers.

Cornyn said in a statement the case "cries out for a commutation that is fair and just."

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

Cornyn said Aldrete violated his immunity agreement in several ways, including not being completely truthful with investigators and refusing to tell them the names of his associates, including his drug source.

At a Senate hearing about the case Tuesday, the U.S. attorney for the Western District of Texas, Johnny Sutton, disputed that Aldrete had violated the agreement, saying prosecutors were satisfied with his cooperation.

Sutton also strongly defended the prosecution of the agents, saying they were "not heroes" and "deliberately shot an unarmed man in the back."

The case has become a cause célèbre among conservatives and groups that advocate tougher border controls. Supporters say the agents were wrongly convicted for protecting the United States against an illegal immigrant and criminal.

At the White House, spokesman Tony Snow would not elaborate on the possibility of a commutation for the agents.

"We have made it a practice not to talk about any such deliberations, whether they are ongoing or not, and I'm not going to break that rule in this case," he said.

Snow also noted that the prison terms fell within sentencing guidelines approved by Congress.

"When you have a judge that's obeying federal sentencing guidelines, that's what they're supposed to do," he said.

Rep. Tom Tancredo, R-Colo., a leading foe of illegal immigration who is seeking the GOP presidential nomination, said Wednesday that he would offer an amendment to an upcoming spending bill that would prevent the Bush administration from using federal money to enforce the agents' sentences.

"This wouldn't be the first time Congress has stepped in and used its authority under the Constitution to overturn a brainless decision by a federal court," he said in a written statement.

http://www.youtube.com/watch?v=YQkO2e1LUxw
Duncan Hunter Defends Border Patrol Agents

For immediate release:
July 17, 2007

Hunter testifies for border patrol agents
California Congressman seeks full pardon for Ramos and Compean

(Washington, D. C.).....United States Congressman Duncan Hunter took his fight
to the nation’s capitol today (July 17) to convince President Bush to pardon
two border patrol agents he feels were unjustly imprisoned.

Hunter appeared before the Senate Judiciary Subcommittee on Terrorism

Technology and Homeland Security.

The California Congressman testified that he strongly supports a Presidential
pardon of former agents Ignacio Ramos and Jose Alonso Compean because, “there
is absolutely no justification for such unfair and excessive prison
sentences.”

The incident dates back to February 2005, when the agents tried to stop a van
driven by alleged drug smuggler Osvaldo Aldrete-Davila near the Mexico border.
According to court documents, a scuffle ensued between agent Compean and
suspect Aldrete-Davila. The suspect broke loose and fled on foot.

Agent Ramos says he believes that he saw a gun, a fact contradicted by the
suspect. Both agents reportedly fired at Aldrete-Davila, who fell, then
continued his escape across the border.

Later, Ramos and Compean filed their official report listing the 743-pounds of
marijuana they found in the van, but failed to mention the gunfire.

A Homeland Security agent apparently heard about the episode and traveled to
Mexico. According to court documents, the Homeland Security agent offered

Aldrete-Davila immunity, if he would testify against Ramos and Compean.

In his testimony today, Hunter took offense to that arrangement. “The U.S.
government sadly decided to side with the drug dealer and prosecute agents
Compean and Ramos for simply fulfilling their duties as border patrolmen.

The drug smuggler walked away from the incident with only a wound in his
rear-end, and the opportunity to attempt another drug run.”

Hunter continued, “The men and women of the border patrol are certainly not
above the laws they are empowered to enforce, but, they must also know that
when they apply the necessary and appropriate level of force, their government
will not work aggressively to ensure they are punished while lawlessness is
rewarded.”

U.S. Attorney Johnny Sutton, a Bush appointee, prosecuted the agents.

In March, a jury found them guilty of assault with a dangerous weapon discharge
of a firearm during a violent crime, obstructing justice lying about the
incident, and willfully violating Aldrete-Davila’s Fourth Amendment right to be
free from illegal seizure.

Because there was gunfire, the mandatory-minimum prison sentence the agents
will serve is 10 years. The U.S. Probation Office in El Paso, Texas had
recommended 20 years for each of the two agents. Hunter reemphasized his belief
that, “there is absolutely no justification for such unfair and excessive
prison sentences.”

Hunter’s congressional district is in southern California near the border with
Mexico. He told the members of the subcommittee, “I represent the border
communities, and have for more than 26-years. I have worked with the fine men
and women of the U.S. Border Patrol to ensure they receive the support and
resources they need to address the constant intrusion of drug and human
smugglers across our borders. It troubles me to think that questionable
testimony by a drug smuggler, who was granted immunity and free medical care
for his cooperation, was put before the two border patrol agents who willingly
accepted this inherently dangerous responsibility.”

Hunter noted, “The very day they surrendered to federal custody, I recommended
that agents Compean and Ramos be segregated and was assured they would be
removed from the general population and close attention was being paid to their
personal safety. The attack against agent Ramos indicates concerns for his
personal safety and protection were ignored.”

On February 6, 2007, Hunter wrote to the President requesting that an
investigation be conducted into the attack against agent Ramos. The letter also
requested that Bureau of Prisons Director Harley Lappin be discharged from his
position should it be ascertained that the proper precautions were not taken.

Hunter concluded his testimony by emphasizing his belief that “Pardoning agents
Compean and Ramos is the only option available to correct this terrible
injustice and, just as importantly, restoring the confidence of the border
patrol and the American people that their nation is serious about enforcing its
immigration and smuggling laws.” Hunter has said when elected president, his
first order of business will be to pardon the agents.

Hunter has led the national campaign for border security and
immigration reform. He has been joined by scores of his fellow members, and
several activist groups. He was the only Republican Presidential Candidate to
attend Tuesday’s hearing.

Observers believe that the subcommittee members sought Hunter’s testimony
because of his long fight for a more secure border, and his legislative
initiatives. Hunter drafted legislation that was signed by the President to
construct over 800 miles of fence on the southern border. Only a few miles of
fencing have been completed. Hunter has charged that the department of Homeland
Security has the money and the mandate, but “the administration has a ‘case of
the slows’ in getting the fence built.” He has pledged that “he will see that
the fence is up within six month after he takes office as President.

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