Replies

“Because there are laws on the books that do in fact cover them now.”

This is also a curious statement. You’re saying there is a “law on the books now” that may help out R&C”? What is it? First I heard of this.

Why haven’t the people screaming about the injustice of what is happening to R&C demanded it be utilized? How about the politicians so prominent in the media?

Are you telling me Ramos and Compean may not have needed to spend any time in jail at all?

Of course that might mean years of “positive” media coverage and photo ops as this thing winds its way through the appeal process will be missed.

Don’t want kill the golden goose while it still laying eggs.

The amicus brief that was filed by Reps Jones, Poe and Goode with the Fifth Circuit argues that the statute was completely misapplied. It states that it was obviously never, ever the intent of any member of Congress that the statute be applied to LEO's operating in the line of duty. And with very good reason: it creates the worst sort of precedent for anyone and everyone working in Law Enforcement. There must always remain a clear and completely unambiguous distinction between actual criminals using firearms in the commission of actual crimes and LEO's using their firearms in the line of duty.

If the Court of Appeals finds that the Congressmen are right and the statute was misapplied it will overturn/vacate the convictions and that will effectively take care of other prosecutors attempting to exploit that statute in a similar fashion.

They have also sent signed letters to new AG Mukasey explaining why other USA's should not seek to exploit the particular statute the way the Sutton did. Hopefully Mukasey has a little more common sense than Gonzales.

Yes it is called stopping someone in the commission of a felony. You want to volunteer for BP duty? Or how about a tour in Iraq where foreign nationals word gets you in the hot seat and a stint in Levenworth? Gee funny isn’t it? Contractors are protected from this. Armed service members and our BP are not it seems.