They would still be guilty. The law would still be there. But the two agents would be free. The cleaner result would be a presidential pardon, of course.
Congressman Billybob
But here was my central question and your response.
“Could congress pass a law that clarifies 924 in how it applies to LEO’s in the line of duty or “undeclare” it as you have stated in a way that would allow Ramos and Compean to be released from the 10 year mand?”
“Yea, they could. But if Congress does anything, it will probably take the easy route and cut the funding.”
The point we’ve been arguing is whether Congress could simply pass a law “clarifying” 924 in that it would not apply to LEO’s who use their weapons in the normal course of their duties...even if that use was a mistake.
Did I misinterpret your response? FWIW, other lawyers on FR have stated this could be done.
As to funding, a law to block appropriations was already proposed by Hunter, Poe and others. It got shot down in committee, IIRC. (H.R. 3093 was attached to the Commerce, Justice, and Science Appropriations Act).
Do you know of any way where their convictions could be deemed 'not a crime', applied only to R&C retroactively, and result in their immediate release from prison?