Thread: SAN DIEGO: LOCAL OFFICIALS, ACTIVISTS REACT TO COMMUTATION

REGION: Local officials, activists react to commutation

Supporters of the two jailed agents say charges were 'outrageous,' opponents use same term to describe cut in sentence

By North County Times | Monday, January 19, 2009 5:07 PM PST

President George W. Bush on Monday commuted the prison sentences of two former U.S. Border Patrol agents, Ignacio Ramos and Jose Compean, whose convictions for shooting a Mexican drug dealer ignited fierce debate about illegal immigration. The thoughts of local officials and activists on the subject:

"I think the commuting of the sentence addresses the outrageous part of this case. These individuals were required by law to carry firearms, but got 10 years added to their sentence because they were carrying firearms. That was absurd. ... Now the challenge is to get them out of prison as soon as possible. We are trying to fast-track it."

U.S. Rep. Brian Bilbray, R-Solana Beach

"It is outrageous. Those two Border Patrol agents were charged with attempted murder. It (the commutation) sends a telling message of the legacy of the Bush administration for border communities and immigrants in this country. It is marked with injustice and zealous policies."

Christian Ramirez, San Diego-based national coordinator for American Friends Service Committee, a human rights organization

"This action represents an important step toward correcting this miscarriage of justice once and for all. While the commutation of their sentences is certainly good news, these agents deserve nothing less than a full and complete pardon.

"Convicting agents Ramos and Compean on the testimony of a known drug dealer is equivalent to prosecuting a U.S. Marine on the word of a convicted terrorist who tried to take American lives on the battlefield."

U.S. Rep. Duncan D. Hunter, R-El Cajon

"I am very disappointed that the president would choose to make this move on the day before he won't be subject to further criticism. This case was tried before a jury, and the jury made its decision. It undermines credibility of jury trials when the president chooses to change the outcome simply because of their status as Border Patrol agents."

Victor Torres, spokesman for El Grupo, North County-based umbrella group of local civil rights organizations

"Compean and Ramos represent the worst of law enforcement, using the badge to shoot someone in the back and then hide the evidence. The fact they were arrested and the crime was exposed is good. They are criminals and they are not above the law. Definitely, George W. Bush is the worst president this country has ever had and this is just a final act."

Enrique Morones, founder of faith-based groups Border Angels and Gente Unida

"It sends a very troubling message to an agency that does a notoriously poor job of screening, training and supervising its agents ... It may not be wholesale impunity, but it is near impunity for the two agents, and that invites repetition.

Claudia Smith, immigrant-rights activist

"It's kind of bittersweet. We are happy they are getting out in a couple of months. We were hoping for a pardon; it is what they deserved. But this is good news, and it's better than having them sit in prison for 10 more years for a crime that we believe did not occur."

Jeff Schwilk, Founder, San Diego Minutemen

"It's definitely good news, even though it's not the news we wanted. We would have preferred a full pardon. But it's better than nothing."

Chris Bauder, President, Local 1613, a chapter of the National Border Patrol Council. The local group represents about 1,800 agents in the San Diego region.

"The executive right of the president to determine whether the punishment was excessive for the crime must be respected. In this case, the length of sentence was based on use of firearms. Congress never intended for those who are required to carry firearms to get longer sentences for the use of those firearms. The President balanced that inconsistency ... with the commutation."

U.S. Rep. Darrell Issa, R-Vista

NORTH COUNTY TIMES

Enrique Morones says "The fact they were arrested and the crime was exposed is good. They are criminals and they are not above the law." Elvira Arellano as well as illegal aliens are arrested. Their crimes are also exposed. And neither Elvira nor illegal aliens are above the law. Yet, you and the other open border clowns pushed Congressman Luis Gutierrez to pardon Elvira and 12 million illegal alien. And now you have the gawl to be against two border patrol agents who protect this nation from drug smugglers? Morones you are obviously in the side of the drug smuggling thugs.

Just shows how out of whack this country has become because our immigration laws haven't been enforced hardly at all for decades. It has empowered people, like EM to speak out as he does. Amazing when you stop and think about it. And the SD the press does seem to cater and quote him quite a bit for whatever reason.
My sincere thanks to our local politicians who are mentioned above and are for the rule of law and show support for our BP agents.

Rep. Duncan Hunter worked hard to free Ramos and Campean as evidenced below:

Excerpt:

Petitioning the White House

Rep. Duncan Hunter, R-Calif., a candidate for president, said in testimony today pardoning Ramos and Compean is the only way "to correct this terrible injustice."

"The men and women of the Border Patrol are certainly not above the laws they are empowered to enforce," Hunter said. "But they must also know that when they must apply the necessary and appropriate level of force, their government will not work aggressively to ensure they are punished while lawlessness is rewarded."

http://www.worldnetdaily.com/news/artic ... E_ID=56727

Excerpt:

Representative Duncan Hunter introduced a bill, titled the Ramos and Compean Act, that would pardon the two agents, though the United States Constitution does not grant Congress the authority to issue pardons

http://en.wikipedia.org/wiki/Ignacio_Ramos

Hunter testified yesterday for Compean and Ramos

Yesterday Congressman Duncan Hunter (CA-R) testified in front of the Senate of behalf of Border Patrol Agents Mr. Compean and Mr. Ramos. He has sent out a press release for you to be aware of all he is trying to do to have these gentlemen released from prison for which they are in due to bogus charges and the word of an illegal alien drug smuggler. [Emphasis mine.]

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.

http://rosemarysthoughts.blogspot.com/2 ... an_18.html