Immigration: Betrayed in the Line of Duty
"While the Bush administration
seeks amnesty for illegal aliens and grants immunity to a
Mexican drug smuggler, it has thrown the book at two
courageous Border Patrol agents."
(Note: Where are your and my elected officials while these
heinous criminal actions take place? With the exception of
U.S. Congressman Tom Tancredo and a hensteeth few others, it
appears they'd like to simply take a large eraser to our
sovereign borders and allow honest Border Patrol agents to
be injured, killed and destroyed by those that "elected
officials" say they're waging a "war on drugs" and a "war on
terror" against. It is almost beyond comprehension, but it
is true, that the very country these honest Border Patrol
agents sought to protect has turned on them. It appears that
the less-than-scrupulously-honest among America's
"lawmakers" prefer to welcome the carnage their actions are
inflicting, not only upon such honest Border Patrol agents,
but also upon every American that cherishes our
Constitutional Republic.)
September 18, 2006 (Last Updated:
February 10, 2007)
By William F. Jasper
The New American
|
|
(UPDATED October 19, 2006; see end of article.)
While the Bush administration seeks amnesty for illegal aliens
and grants immunity to a Mexican drug smuggler, it has thrown the book
at two courageous Border Patrol agents. (Contact
President Bush and
Congress to help rectify this gross
miscarriage of justice!)
|
Jose Alonso Compean, shown here
with some of the drugs he has stopped from coming across the
border, now faces 20 years in prison, based on charges by a
career drug smuggler who stands to win $5 million for his
testimony. (Photo courtesy of Friends of the Border Patrol.)
http://www.thenewamerican.com/artman/uploads/compean.jpg |
Fabens, Texas - The chase was on. The suspected smuggler van turned back
toward the Rio Grande and headed for Mexico. Border Patrol agent Ignacio
Ramos was on his tail. Other agents were also converging on the scene.
The suspect realized he wasn't going to outrun agent Ramos' vehicle, and
so he abandoned his van on a levee and took off on foot. As the suspect
headed into the canal, Ramos yelled for him to stop but was ignored.
As Ramos crossed the canal, he heard gunshots. Ramos knew he was in
an area where the Mexican drug cartels have grown increasingly brazen,
and where Mexican police and military units often support the drug
smugglers. He didn't know if, when he emerged from the canal, he would
be facing an armed suspect, possibly reinforced by heavy firepower.
As he came over the levee, he could see a fellow officer, agent Jose
Compean, bloodied and lying in the dirt. Sweating, heart pounding, and
adrenaline pumping, Ramos raced by Compean after the smuggler, who was
kicking up clouds of dust as he ran. Suddenly, the smuggler stopped and
turned toward Ramos and pointed what appeared to be a gun. Agent Ramos
raised his pistol and fired one shot, upon which the suspect spun around
and continued running for the river. Ramos, with the danger passed,
immediately lowered his pistol.
"I shot," Ramos later told reporter Sara A. Carter. "But I didn't
think he was hit, because he kept running into the brush and then
disappeared into it. Later, we all watched as he jumped into a van
waiting for him [on the Mexican side of the border]. He seemed fine. It
didn't look like he had been hit at all."
When Ramos returned to the levee, seven other Border Patrol agents
were on the scene. A search of the abandoned van revealed nearly 800
pounds of marijuana. All in all, not a bad haul for 15 minutes of
heart-pounding work. The agents had survived another potentially
life-threatening incident without a death or serious injury. Just
another day in the life of a Border Patrol agent. They had the
smuggler's loot, even though the smuggler got away. Oh well, maybe
they'd catch him tomorrow, when he tried another drug run.
However, it hasn't turned out that way at all. Instead, the smuggler
- a Mexican national named Osvaldo Aldrete-Davila - has turned the
tables on his Border Patrol pursuers. Now it is agents Ramos and Compean
who face prison. They already have been fired by the Border Patrol and
bankrupted by legal expenses. Agent Compean has lost his home. He and
his wife and children have been forced to move in with relatives. Agent
Ramos' home is in foreclosure.
Terror and Injustice
For their 15-minute pursuit of Aldrete-Davila on February 17, 2005, and
for a couple of split-second decisions they made during that suspenseful
chase, agents Ramos and Compean have lost a combined 15-year record of
sterling service in the Border Patrol (10 years for Ramos, five for
Compean). Even more, that 15-minute pursuit in the line of duty may cost
each of them 20 years in prison, possibly alongside dangerous criminals
they have apprehended.
Adding terror on top of calamity, both agents and their families have
been subjected to death threats. In fact, according to the smuggler
Aldrete-Davila, some of his drug-cartel associates from Mexico planned a
"hunting party" to track down and execute Ramos and Compean. Both of
these law enforcement officers have young school-age and preschool-age
children. Agent Compean's wife, Claudia, is pregnant with their third
child.
Incredibly, while agents Ramos and Compean and their families face
economic ruin, emotional devastation, and real physical danger, as a
result of that 15-minute chase, Osvaldo Aldrete-Davila - an admitted
felon and drug smuggler - has not only gotten off scot-free, he stands
to become a rich man, courtesy of the U.S. taxpayers. In a seemingly
unbelievable turn of events, agents for the U.S. Department of Justice
and Department of Homeland Security contacted the smuggler in Mexico and
offered him complete immunity if he would testify that Border Patrol
agents Ramos and Compean had violated his civil rights.
The two Border Patrol officers were arrested in SWAT-style raids on
their homes and taken away in handcuffs in front of their families. By
way of contrast, Aldrete-Davila, in exchange for agreeing to testify
against the agents, was given free medical treatment in the United
States, then escorted back to Mexico and released. He was also coached
in his testimony by U.S. government officials, then brought back to the
United States and trotted out as the star witness against Ramos and
Compean.
In the meantime, during his release, Aldrete-Davila was arrested
again with another drug load in the same El Paso sector where Ramos
and Compean had previously intercepted him. Nevertheless, he was allowed
to testify against the two agents and then was released again! He
may have made many more successful drug runs into the United States
since then. But he may be able to retire soon in the style of his
drug-lord bosses. With encouragement and help from U.S. officials, he is
suing the Border Patrol for $5 million.
Many are outraged by what from all appearances is a colossal
miscarriage of justice. Members of Congress on both sides of the aisle
are calling for an investigation, and a national grass-roots campaign
has stirred tens of thousands of Americans to call on President Bush to
intervene and grant full pardon to agents Ramos and Compean.
Rep. Ted Poe (R-Texas), who served as a prosecutor for eight years
and a judge for 22 years, questions Assistant U.S. Attorney Debra
Kanof's granting of immunity to a repeat felon with a huge financial
interest to lie to prosecute federal law enforcement agents who were
doing their jobs. "That's exactly what the overzealous prosecutor did in
this case. No question about it," Rep. Poe told CNN's Casey Wian on
August 21. "In my opinion, the government was on the wrong side. We
ought to be more concerned about our border agents who were put in
harm's way, who are shot at by these drug dealers than we are about the
civil rights of the drug smugglers."
Killers or Conscientious Agents?
In a press release of August 11, 2006, U.S. Attorney Johnny Sutton
stated that Ramos and Compean "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. 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." But that version of
events was based on the word of the smuggler.
The agents were charged with assault with intent to commit murder,
assault with serious bodily injury, assault with a deadly weapon,
discharge of a firearm in relation to a crime of violence, and a civil
rights violation. On March 8, 2006, a federal jury convicted Compean and
Ramos of all but the charge of assault with intent to commit murder.
They were also convicted of four counts and two counts, respectively, of
obstruction of justice for failing to file a report on the shooting and
for destruction of the crime scene by picking up Compean's spent shell
casings.
Andy Ramirez, chairman of the private, California-based Friends of
the Border Patrol, began investigating the Ramos-Compean case shortly
after charges were filed in March of 2005. He has since become an
official spokesman for the two agents and their families. "This is the
greatest miscarriage of justice I have ever seen," Andy Ramirez told The
New American. "This 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."
Ramirez says that when he began his investigation he hadn't ruled out
the possibility that the agents were guilty of the crimes as charged.
"If these were really bad guys, then obviously, we would want them
prosecuted, because it's important to root out corruption, especially in
law enforcement agencies like the Border Patrol," he said. "I'm not the
least bit interested in protecting corrupt or violent agents." However,
he was soon convinced that many things were terribly wrong with this
case and that the two agents in question were being railroaded for a
political agenda.
"Agents Ramos and Compean are the kind of guys you want in the
foxhole next to you," says Ramirez. "They're poster boys for the kind of
Border Patrol agents we want and need to protect our borders." He points
out that Ramos was nominated for Border Patrolman of the Year in 2005,
but that nomination was scratched after the Aldrete-Davila charges were
filed against him. Ramos served seven years in the Navy before joining
the Border Patrol. Compean served four years in the Navy.
"These men served their country honorably and bravely - in the
military and on the border - and have compiled sterling records,"
Ramirez points out. "They've arrested thousands of illegal aliens and
made many drug seizures. There's nothing from their records to support
Davila's charges that they tried to murder him. If you take away the
testimony of Davila, an acknowledged career criminal with a huge
financial interest involved, all you have against these agents are a
couple of administrative charges that would normally be five to ten-day
suspensions, usually referred to as 'time on the beach.'"
During the trial, Assistant U.S. Attorney Debra Kanof emphasized the
agents' failure to obey pursuit and reporting policies. "They didn't
report the shots being fired," Kanof accused, painting a picture of
cover up by the two agents. "It is a violation of Border Patrol
regulations to go after someone who is fleeing," she said. "The Border
Patrol pursuit policy prohibits the [vehicular] pursuit of someone."
However, according to Ramos, his pursuit of Aldrete-Davila was no
different from what he's done in the past 10 years as a Border Patrol
agent. "How are we supposed to follow the Border Patrol strategy of
apprehending terrorists or drug smugglers if we are not supposed to
pursue fleeing people?" he told the Ontario, California, Daily
Bulletin. "Everybody who's breaking the law flees from us. What are
we supposed to do? Do they want us to catch them or not?"
According to active and retired agents The New American has talked
to, the official pursuit policy is universally viewed as an "asinine"
cave-in to political correctness by the Washington, D.C., bureaucrats
and is regularly disregarded by line officers and their supervisors who
recognize that it would be impossible to do their jobs of securing our
border otherwise.
Andy Ramirez notes that "this case is not an isolated incident. This
is just the most egregious example in an ongoing campaign of
intimidation and humiliation of Border Patrol line officers by Border
Patrol Chief David Aguilar, Assistant Border Patrol Chief Luis Barker
and others" appointed by the Bush administration.
With ludicrous orders like their "no pursuit" policy, the agency's
top officials "have essentially told the field to 'stand down,'" Ramirez
says. "President Bush, Aguilar, and Barker repeatedly assure us that the
border security is dramatically improving, when that is absolutely,
demonstrably false. And one of the worst things they are doing is
destroying the morale of the Border Patrol and the will of agents to do
the tough job we train them to do. A lot of the agents are saying now,
'We don't want to be the next Ramos and Compean.'"
Retired Border Patrol Supervisor David Stoddard, a Border Patrol
veteran of 27 years, agrees that this ruling will devastate the agency,
if allowed to stand. "This is outrageous. Every American should be
incensed," he says. "This whole incident tells the Border Patrol agents
all over the country it's better to go out to their area of
responsibility and bring a portable DVD player and watch a movie,
because that way you won't get into trouble."
The Strange Alliance
Andy Ramirez, David Stoddard, Rep. Ted Poe, Rep. Walter Jones
(R-N.C.), and others who have looked into the Ramos-Compean case are
especially upset by the many troubling "irregularities" and abuses of
the federal prosecutors. A chain of remarkable events began shortly
after Osvaldo Aldrete-Davila had fled back into Mexico. The wounded
smuggler contacted an old boyhood friend of his, Rene Sanchez, now
living in Willcox, Arizona. Sanchez, it turns out, had not only become a
U.S. citizen, but had become a Border Patrol agent. And his loyalty to
his childhood buddy and/or to his native Mexico apparently superseded
his loyalty to America, to his fellow Border Patrol officers, and to his
oath to uphold the laws of his adopted country.
According to court testimony, Aldrete-Davila, following the advice of
Sanchez, turned himself in to the U.S. Consulate in Mexico. Sanchez also
secured an attorney for Aldrete-Davila, helped negotiate his immunity,
and coached him on his court testimony, such as suggesting that
Aldrete-Davila say he was shot in the back. (Court testimony and
evidence showed that Aldrete-Davila was shot in the side of his
buttocks, consistent with Agent Ramos' testimony that Aldrete-Davila was
in a "bladed stance," pointing a gun at him.) Sanchez also helped
arrange for Aldrete-Davila to receive complete (and free
taxpayer-supported) medical treatment at William Beaumont Army Medical
Center in El Paso.
It is noteworthy that at trial Sanchez and Aldrete-Davila
contradicted each other on many points of fact, yet Sanchez and
Aldrete-Davila were still considered credible witnesses by the
Department of Justice prosecutors. (As just one example, agent Sanchez
insisted he hadn't spoken with Aldrete-Davila in years; Aldrete-Davila
said they had been in frequent contact.)
The same prosecutors went to great lengths to suppress vital
information during the trial, such as testimony by another Border Patrol
agent who had warned superiors of suspicions that agent Rene Sanchez was
tied in to the Mexican drug cartels. The agent was reprimanded,
intimidated, silenced, and transferred to another sector.
During the trial it was revealed that DHS agent Christopher Sanchez,
who along with Rene Sanchez shepherded Aldrete-Davila through his legal
process, had learned that Aldrete-Davila's drug cartel associates had
made plans to put together a "hunting party" to kill agents Ramos and
Compean, and their families, in retaliation for the drug bust involving
Aldrete-Davila. Sanchez admitted he had not reported this to his DHS
superiors or any other U.S. law enforcement agency, a serious violation
of legal and moral responsibility to fellow human beings and law
enforcement officers.
Judge Kathleen Cardone repeatedly sided with the federal prosecutors
in suppressing evidence favorable to agents Ramos and Compean and
unfavorable toward Aldrete-Davila and the prosecutors. "The jurors were
severely handicapped in that they were not given access to the truth, to
the real story," says Andy Ramirez. Among the evidence suppressed at the
trial that may have made a major impact on jurors:
- The sealed indictment of Aldrete-Davila from his arrest for drug
smuggling in October 2005, after the incident when he was supposedly
the victim of agents Ramos and Compean.
- Aldrete-Davila's multiple violations of his immunity agreement,
such as agreeing to not withhold any information, then refusing to
divulge the names of his fellow smugglers who picked him up at the
border.
- Evidence on the increasing violence and attacks on Border Patrol
agents and incursions by Mexican military units in the El Paso
sector.
- Agent Ramos' distinguished record and nomination as Border
Patrol Agent of the Year.
The federal government broke the rules, Ramirez says, in order to
break these agents and to cover up a massive nest of corruption in the
highest levels of the federal government.
Although agents Ramos and Compean will appeal their convictions, they
face the possibility of years in prison while their appeals are being
adjudicated. That is why Ramirez and other supporters are calling for
concerned Americans to contact President George W. Bush and Attorney
General Alberto Gonzales, urging them to intercede on behalf of agents
Ramos and Compean. "If the administration can advocate amnesty for
millions of illegal aliens and give immunity to a career felon drug
smuggler," says Ramirez, "what could be so difficult about granting a
full pardon to two honorable law enforcement officers who are being
crucified not for having done anything wrong, but for doing exactly what
they have been trained for and have taken an oath to do?"
(UPDATED, Oct. 19) What You Can Do
In response to citizen outrage, Rep. James Sensenbrenner
(R-Wis.), chairman of the House Judiciary Committee, and Rep.
John Hostettler (R-Ind.), a member of the House Subcommittee on
Immigration, Border Security and Claims, have called for a
congressional investigation of the Ramos-Compean case. Petition
efforts are underway calling upon President Bush to pardon
agents Ramos and Compean.
On October 19, Agent Ramos was sentenced to 11 years in
prison and Agent Compean to 12 years. They are now free on bond
but must surrender on January 17. They are appealing the case.
Action Request (Updated February 10, 2007):
"FREE RAMOS and COMPEAN"
Help build pressure on President Bush to pardon Ignacio Ramos
and Jose Compean.
For contact information and to send editable, pre-written
letters via e-mail, log on to
http://capwiz.com/jbs/home/.
Copyright 2007, The New American.
http://www.thenewamerican.com/artman/publish/article_4188.shtml
Another related article:
Punished for Doing Their Job:
As two Border Patrol agents languish in
prison, the Department of Homeland Security is doing its best
not to answer charges of wrongful, politically motivated
prosecution.
February 19, 2007
By Sam Antonio
The New American
http://www.thenewamerican.com
To submit a Letter to the Editor:
[email protected]
Sam Antonio is the John Birch Society's national
spokesman on immigration.
On January 10, 2007, President Bush, in a prime-time address
to the nation, lobbied for his new Iraq War policy, which
included more troops and strengthening the interior borders of
Iraq. This while at home he ignores securing our own borders and
demoralizes our brave men and women of the Border Patrol who
protect it.
Case in point: on January 17, 2007, former Border Patrol
agents Ignacio Ramos and Jose Compean surrendered to U.S.
Marshals inside the federal courthouse in downtown El Paso,
Texas. As the agents' family members and supporters bitterly
protested outside the courthouse, Ramos and Compean were placed
in jail cells to begin serving their prison sentences. Agent
Ramos has been sentenced to 11 years, agent Compean to 12 years.
Leading up to the day of the agents' imprisonment was a
devastating 23-month ordeal. The agents' families have been
bankrupted. They have lost their homes and are living with
relatives. Their children will grow up without their fathers'
guiding hands.
Making matters worse, the two agents are being sent to
separate facilities far from home: Ramos to a prison in
Mississippi, Compean to one in Ohio. This will not only make
visits by their families more difficult and expensive, but will
add to the families' anxiety over Ramos, and Compean's safety.
Prisons are especially unfriendly places for inmates who are
former law enforcement officers.
"I'm so utterly exhausted, tired and sad," Patty Compean told
the Daily Bulletin of Ontario, California, on the day
that the heavy jail-cell door slammed shut on her husband.
Nevertheless, she said, "I still have a deep faith in God. I
still believe there is hope." Part of that hope is that
President Bush will respond to the urgent requests of dozens of
members of Congress and to the hundreds of thousands of calls,
letters, e-mails, and petitions calling for him to pardon her
husband and the husband of Monica Ramos.
Miscarriage of Justice
What egregious crimes did agents Ramos and Compean commit to
land in this situation? To have their promising careers ended,
to be stripped of their freedom, to be torn from their families,
to have their lives put in danger? They tried to stop a drug
smuggler who had brought nearly 800 pounds of marijuana (worth
nearly $1 million) across the border from Mexico in his van. The
smuggler, Osbaldo Aldrete-Davila, scuffled with agent Compean,
knocking him down and throwing dirt in his eyes. Compean says
that as Aldrete-Davila ran on foot back toward Mexico, the drug
smuggler turned several times and it appeared that the smuggler
was pointing a gun at him. Compean fired at the fleeing suspect.
Agent Ramos, hearing the shots and seeing his battered and
bloody partner, also fired at the smuggler. However, they saw
Aldrete-Davila wade across the shallow Rio Grande to the Mexican
side, apparently unhurt. They watched as he climbed into another
vehicle and assumed that their shots had completely missed him.
Unbeknownst to the Border Patrol agents, one of their bullets
had struck the smuggler in the buttocks. Also unbeknownst to
them, Mexican drug smuggler Aldrete-Davila is a boyhood buddy of
Border Patrol agent Rene Sanchez, a naturalized Mexican who is
suspected of ties to the Mexican drug cartels. Agent Sanchez
encouraged Aldrete-Davila to bring a lawsuit against agents
Ramos and Compean for violating his "civil rights." Incredibly,
instead of investigating agent Sanchez and his ties to
Aldrete-Davila, agents of the Department of Justice (DOJ) and
Department of Homeland Security (DHS) were sent to Mexico to
find Aldrete-Davila, offer him immunity and free medical care,
and bring him back to testify against agents Ramos and Compean.
Even more incredible, DOJ and DHS officials have helped
Aldrete-Davila launch a lawsuit for $5 million against the U.S.
Border Patrol. A key charge in the federal government's case
against Ramos and Compean is that the two agents fired on an
"unarmed" fleeing suspect: Aldrete-Davila. Agents Ramos and
Compean say Aldrete-Davila was armed. The
government says it has proof he wasn't. Their proof? The
testimony of Aldrete-Davila, who has at least five million
incentives to lie!
There are sound reasons for taking the word of these two
decorated and highly regarded Border Patrol agents over that of
the drug smuggler. Last fall, the Daily Bulletin
interviewed a member of Aldrete-Davila's family in El Paso who
confirmed that Aldrete-Davila has been smuggling drugs since he
was 14 and "wouldn't move drugs unless he had a gun on him."
While Aldrete-Davila was waiting to testify against Ramos and
Compean, he was arrested attempting to bring another
load of drugs into the country. No problem: the prosecutors set
him free again and suppressed mention of his drug arrest, so as
not to harm his courtroom "credibility."
We do not have space here to detail the many other shocking
abuses by federal prosecutor Debra Kanof, Judge Kathleen
Cardone, and the Department of Homeland Security.
Many of those were examined in more depth
in this magazine's earlier investigation of this case.*
Suffice to say, the offenses have been serious enough that a
bipartisan array of House and Senate members have called for
investigations of the trial and sentencing and have urged
President Bush to pardon the Border Patrol agents.
Rep. Ted Poe (R-Texas), who served as a judge for 22 years
and a prosecutor for eight years, expressed the views of many
when he charged Kanof with being an "overzealous prosecutor."
"In my opinion," said Rep. Poe, "the government was on the wrong
side. We ought to be more concerned about our border agents who
were put in harm's way, who are shot at by these drug dealers
than we are about the civil rights of the drug smugglers."
Chilling Effect on Border
Andy Ramirez, chairman of the California-based Friends of the
Border Patrol, told The New American that the Compean/Ramos case
"is the greatest miscarriage of justice I have ever seen."
Moreover, says Ramirez, it "has sent a very loud message to the
other Border Patrol agents: if you confront a smuggler, this is
what will happen to you."
Other immigration experts agree that the ramifications of the
Compean/Ramos case extend far beyond the personal tragedies of
the two agents and their families; the impact is already having
a serious effect on our border security. Bob Stille, who served
37 years in the Border Patrol and INS, recently told The New
American that the prosecution of Ramos and Compean has sent
shudders through the ranks of the Border Patrol. "As a lifelong
Republican and a conservative Christian, I am outraged that a
Republican president who postures as a conservative Christian
would so unjustly prosecute these two agents for what I see as
doing their job." "From comments I have heard by the present-day
agents, there is a serious morale problem in the Border Patrol."
Stille said, "I am seeing men and women retiring with a
minimum amount of service time. I have also been told that there
will be a rash of retirements this year, many by top staff
officers. My impression is that there is a lot of sadness within
the ranks."
Mr. Stille, who spent the last 19 years of his career as a
supervisory agent in charge of four different Border Patrol
stations on both the Mexican and Canadian borders, says: "I
attribute the morale problem to the open-border policy by the
Bush administration. I have heard of incidents where agents are
told to look the other way. They are not allowed to arrest
illegal aliens who have gained entry.... We are under an
illegal-alien crime wave in this country and our primary
enforcement arm is being restrained from doing their duty. Or
worse, as in the case of Ramos and Compean, going to prison
for doing their duty."
The blow to agent morale is multiplied, says Stille, by the
president's insistence on granting amnesty to millions of
illegal aliens and issuing pardons to street criminals. (See the
sidebar at the bottom of this page.) "When I read that President
Bush pardoned a bunch of convicted criminals this past
Christmas, some of whom were convicted drug dealers, I
was incensed," he told The New American. "What a slap in the
face to the brave men and women in the Border Patrol when they
saw two of their own denied the same."
After receiving enormous pressure from concerned patriotic
organizations and Congress, the White House was forced to
respond. While President Bush primarily regurgitated the same
dodges and disinformation that the DOJ had been dispensing, he
did hold out the possibility of a future pardon.
"According to a jury of their peers, these officers violated
some standards," Bush said, in a January 18 interview with an El
Paso TV station the day after agents Ramos and Compean turned
themselves in to federal custody. "People need to take a tough
look at the facts, the evidence a jury looked at, as well as
[the] judge. And I will do the same thing."
But the American people and their elected representatives
are taking "a tough look at the facts" - at least at the
facts the Bush administration has been willing to release. What
President Bush and the DOJ are attempting to keep carefully
hidden is that, in addition to the prosecutorial and judicial
abuses mentioned above, three members of the Ramos/Compean jury
say they were misled during jury deliberation. Jurors Robert
Gourley, Claudia Torres, and Edine Woods have said that they did
not want to support a guilty verdict for the Border Patrol
agents and would have held out for a hung jury, except that they
were improperly instructed that that was not an option. They
said they were instructed by the jury foreman - who claimed to
be relaying instructions from the judge - that they "must" vote
to convict the agents. The agents' attorneys and members of
Congress cited these charges by the jurors, along with the other
alleged improprieties, as cause for postponing the sentencing of
Ramos and Compean while the case is appealed and while Congress
investigates the allegations.
On January 19, Rep. Michael T. McCaul (R-Texas), the
immediate past chairman of the Homeland Security Investigations
Subcommittee of the House of Representatives, sent a letter to
his Texas delegation colleagues, urging them to join his efforts
"in uncovering the facts surrounding the conviction and
sentencing" of agents Ramos and Compean. "During the last five
months," McCaul states in his letter, "due to my deep concern
over the fate of these Agents, I have relentlessly requested
information detailing the facts surrounding this case from both
the Department of Homeland Security Office of Inspector General
and the Department of Justice. To date, both Agencies have
defied the will of Congress and refused to cooperate
meaningfully with my efforts to uncover the truth."
McCaul's letter then details date by date his multiple
requests of, and communications and meetings with, DHS and DOJ
officials - and their string of broken promises, changing
stories, and stalling tactics.
The McCaul letter relates a meeting he and three other House
members had on September 28 during which they were briefed by
the DHS Deputy Inspector General and Assistant Inspector
General. At the briefing, the officers of the Inspector General
made several serious allegations against agents Ramos and
Compean that they said they would subsequently document for the
congressmen.
One of those charges, according to McCaul, is that "Ramos and
Compean confessed to knowingly shooting an unarmed suspect.
Again - they claim the two agents KNEW he was unarmed when they
fired their weapons." Another charge, says Rep. McCaul, is that
"Ramos and Compean stated that day they 'wanted to shoot a
Mexican.'"
Agents Ramos and Compean deny these and the other charges
made by members of the Inspector General. However, the DHS
Inspector General officers told the congressmen that the
Inspector General's Report of Investigation would corroborate
these charges and that the report would be released on October
23, 2006, the day after the sentencing of the agents. Rep.
McCaul and his colleagues are still waiting for the
long overdue evidence, but they now realize that the
administration has "no intention" of providing the promised
report. Rep. McCaul and other Members of Congress also requested
(and were promised) transcripts of the trial around the same
time. Like the Inspector General report, they have been
repeatedly stalled on this matter too, and still have not
received the trial transcript.
On January 18, 2007, says McCaul, "I spoke personally to DHS
Secretary Chertoff to express my disbelief and anger that DHS IG
has made potentially misleading claims to Members of Congress
and not provided substantiating documentation as promised."
Secretary Chertoff told McCaul that he would personally speak to
Inspector General Skinner. "It is patently clear to me, after
five months of delay by the Department of Homeland Security,
that they have no intention of providing the information I
requested to get to the facts surrounding the case."
National Uproar
In response to the uproar this case has generated, 70
congressmen have signed on to legislation introduced on January
18 by Congressman Duncan Hunter (R-Calif.) calling for the
convictions of Ramos and Compean to be vacated and for the two
agents be released from custody immediately.
In a press release issued on the introduction of H.R. 563,
Hunter said, "Agents Compean and Ramos fulfilled their
responsibilities as Border Patrol agents and rightfully pursued
a suspected and fleeing drug smuggler. It is irresponsible to
punish them with jail time." Rep. Tom Tancredo, meanwhile, has
introduced House Concurrent Resolution 37, expressing "the sense
of Congress that the President should swiftly and
unconditionally pardon Agents Ramos and Compean."
When asked why the White House refuses to intervene on behalf
of the two agents, Andy Ramirez of Friends of the Border Patrol
told The New American, "This administration is so predictable
when it comes to everybody but American citizens.
President Bush is always talking about securing Iraq's borders,
securing Afghanistan's borders, but never our borders."
Ramirez points also to the president's State of the Union
address on January 23, where Bush once again employed his
trademark immigration double-talk, claiming to be opposed to
amnesty while proposing a legalization program that is the same
thing as amnesty for millions of illegal aliens. In the same
address, President Bush also reiterated his call for a
"temporary worker program" that would bring hundreds of
thousands of additional alien workers (and their
families) into the United States, further swamping our already
overwhelmed immigration system.
Perhaps Congressman Dana Rohrabacher (R-Calif.) put this
whole distorted scenario into perspective when he stated, "They
[the Bush administration] got their priorities totally
backwards. We should be backing up our defenders, finding
reasons to help our defenders, and finding reasons to put the
bad guys away. Our President is treating the bad guys like good
guys and the good guys like bad guys."
Americans still have an opportunity to help insure that this
perverse injustice is reversed, that our government will
stop treating these good guys like bad guys. President Bush
is not likely to grant agents Ramos and Compean pardons out of
personal conviction; his inaction in their case thus far and his
actions regarding immigration matters, in general, make that all
too clear. But he may be convinced to do so out of expediency
since he is now under tremendous pressure over the war, the
economy, and other issues, and desperately needs to placate
conservatives who have been his staunchest supporters.
A pardon is important for righting a terrible wrong against
agents Ramos and Compean and their families. It is also vitally
important to our nation's security, as it will send a message to
our Border Patrol agents on the front lines that they can go
back to the crucial job of enforcing our borders and protecting
our homeland without fear of being thrown to the wolves.
Action Request:
"FREE RAMOS and COMPEAN"
Help build pressure on President Bush to pardon Ignacio Ramos
and Jose Compean.
* See "Betrayed
in the Line of Duty" in our September 18, 2006 issue.
GOP Congressmen Speak
"Today is a day of infamy and disgrace. The policies set down
by this president [are] sending the defenders of our borders to
prison while rewarding illegal alien drug smugglers. Shame on
you, President Bush. You have betrayed us and our defenders." -
Rep. Dana Rohrabacher (R-Calif.)
"Due to significant concerns over the circumstances
surrounding the prosecution of agents Ramos and Compean, the
House Judiciary Committee has already recognized the need for a
thorough review of this case by calling for congressional
hearings and an investigation of the Department of Homeland
Security, Office of the Inspector General, U.S. Customs and
Border Patrol and the U.S. Attorney's Office." - September 13,
2006, letter signed by 22 congressmen
"If the facts I have laid out are accurate, then this
prosecution puts the rights of illegal alien drug smugglers
ahead of our homeland security and undermines the critical
mission of better enforcing current immigration laws." - Rep.
Louie Gohmert (R-Texas)
"All I say is that Mr. President, if you're going to consider
Mr. Kennedy's amnesty for 12 million illegal aliens, couldn't
you just add two more border patrol agents onto that list?" -
Rep. Brian Bilbray (R-Calif.)
"Over the Christmas break, the president of the United States
pardoned 18 felons. Five of those people were drug dealers....
But we cannot even get a response to the letters we have sent
asking him to pardon the Border Patrol agents. What greater
example of where this president's priorities are than that?" -
Rep. Tom Tancredo (R-Colo.)
"The federal government was on the wrong side in this case.
This drug dealer was not just bringing in a little bit of
marijuana.... What better two people should be pardoned than
border agents doing their jobs trying to protect the United
States?" - Rep. Ted Poe (R-Texas)
Pardons for Drug Dealers
By William F. Jasper
President Bush has thus far ignored the pleas of hundreds of
thousands of Americans who petitioned for pardons for agents
Ignacio Ramos and Jose Compean. However, he has pardoned a
number of convicted criminals, including recently. On
December 21, 2006, President Bush pardoned these drug offenders:
. Marie Georgette Ginette Briere - possession of cocaine with
intent to distribute.
. George Thomas Harley - aiding and abetting the distribution
of cocaine.
. Patricia Ann Hultman - conspiracy to possess with intent to
distribute cocaine and other controlled substances.
. Eric William Olson - possession with intent to distribute,
possession, and use of hashish.
On the same day, Bush also commuted the sentence of
Phillip Anthony Emmert, who was serving time for conspiracy to
distribute methamphetamine.
On September 28, 2005, President Bush pardoned these
drug offenders:
. Adam Wade Graham - conspiracy to deliver LSD.
. Larry Paul Lenius - conspiracy to distribute cocaine.
. Larry Lee Lopez - conspiracy to import marijuana.
. Mark Lewis Weber - selling Quaalude tablets, selling, using
and possessing marijuana.
On the same day, he also pardoned Jesse Ray Harvey, a
United Mine Workers union member convicted of blowing up mines
in West Virginia.
Copyright 2007, The New American.
http://www.thenewamerican.com/artman/publish/article_4439.shtml
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