Thread: Senator Feinstein's Letter to A.G. Gozales re: BP Agents

February 8, 2007

The Honorable Alberto Gonzales Attorney General of the United States United States Justice Department Washington, DC 20510

Dear Attorney General Gonzales:

As you know, Agents Jose Alonso Compean and Ignacio Ramos were convicted on March 8, 2006, and sentenced on October 19, 2006, to 12 and 11 years and 1 month in prison, respectively, for shooting at Osvaldo Aldrete-Davila. Mr. Aldrete-Davila was a drug smuggler who had driven a van containing 743 pounds of marijuana across the Mexican border into Texas. He was shot while fleeing from these Agents in an attempt to cross the border into Mexico and avoid apprehension.

I strongly believe that the sentences in this case are too extreme given the criminal background of Mr. Aldrete-Davila and his possession of large quantities of drugs, and given the fact that Mr. Aldrete-Davila had physically resisted at least one attempt by Agents Ramos and Compean to bring him into custody.

In addition, to my knowledge, neither of the Agents had prior convictions or any other aggravating circumstances to warrant particularly harsh treatment under the law. Yet, these men were given sentences that some individuals who are convicted of murder wouldn’t receive.

Even more disturbing, I have recently learned that Agent Ramos was beaten by other inmates in prison this past Saturday while serving his term of imprisonment. Along with examining the sentencing of the Agents, I ask you to examine the facts and advise me why these Agents were not being adequately protected while in the federal prison system. It is not hard to predict that two Federal Agents would be targeted in a prison population and that special precautions should have been employed to ensure their safety.

In particular, I ask that you respond specifically to the following questions:

* The sentences of Agents Ramos and Compean stemmed in part from enhanced sentences that were required as a result of the criminal charges chosen by the prosecution. Why were these charges selected? In particular, why did the prosecution originally indict these defendants with only three criminal charges, but then expand (supersede) the indictment on three separate occasions, adding new charges each time? Were alternative charges that did not carry such severe sentences considered? If not, why not? If they were, why were these not pursued?

* Who within the Department of Justice (DOJ), if anyone, approved each set of charges filed by the U.S. Attorney’s Office for the Western District of Texas against Agents Ramos and Compean?

* The Sentencing Guideline range governing the case against Agents Ramos and Compean was enhanced because a “special verdict” was sent to the jury, asking for a specific jury finding that certain aggravating factors existed. Did anyone within the Department of Justice approve the local U.S. Attorney’s Office’s decision to file this special verdict, or this decision to seek an enhanced sentence? If so, who? If not, why not?

* Does DOJ have any review or approval requirements before criminal charges – or at least charges that carry mandatory minimum or other enhanced sentences – can be filed against agents who are being prosecuted based on actions taken while on duty? If not, why not – especially for a high-profile case like this one? If so, who was involved in that review or approval process?

* Does DOJ have any review or approval requirements before a U.S. Attorney’s Office can offer immunity to criminals who are being asked to testify against agents who tried to arrest them? If not, why not? If so, who was involved in that review or approval process?

* Does DOJ have any review or approval requirements designed to compare the significance of the crime for which testimony is sought against the significance of the crime being immunized? If not, why not – and how does DOJ know that this immunity is worth offering? If so, who was involved in that review or approval process?

* Are you aware of any other historical instances in which DOJ has traveled to another country to offer full immunity to a witness known to have committed a serious drug trafficking offense as an illegal alien in the United States, in return for that person’s testimony on the use of excessive force by arresting agents from whom that witness had fled? If so, please provide those examples.

* Please list all crimes Mr. Aldrete-Davila is known to have participated in, or that have been admitted by Mr. Aldrete-Davila, and identify each such crime on which DOJ granted him immunity.

* The Department of Homeland Security issued a redacted version of its Inspector General’s report on this case on Wednesday, February 7, 2007. The report says that, when Mr. Aldrete-Davila was first asked about this incident by federal agents, he lied about his participation in the drug trafficking. He later refused to provide any information about the Drug Trafficking Organization that had hired him. He also admitted speaking to others within Mexico about the possibility of a “hunting party” that would seek revenge for his shooting by attempting to kill American border patrol agents; while Mr. Aldrete-Davila refused to participate, there is no indication that he provided any information to American authorities about the Mexicans who discussed this idea. Do you believe it is appropriate, and good policy, for our government to reward an informant who provides information only about his interactions with federal agents who tried to arrest him, but refuses to provide any information about people who hired him to traffic drugs, or who are openly discussing the murder of American law enforcement officers?

* Recent news reports suggest that Mr. Aldrete-Davila may have been involved in drug trafficking after his testimony in this case. Is that true? If so, how does this affect DOJ’s view of the Ramos and Compean prosecution?

* What was the cost to the federal government – both in terms of hours expended by government employees and in financial outlays – including the costs of sending officers or others to interview Mr. Aldrete-Davila in Mexico, convince him to testify, provide him with appointed counsel, complete an immunity package, take him to the crime site, provide him with medical care, conduct interviews, secure his travel, obtain the necessary documents for him to cross the border, prepare for trial, and house and feed him as a witness?

* How long was Mr. Aldrete-Davila housed in the United States as a government witness prior to the trial? How many other times did he also travel to the United States on other occasions? For each visit, including but not limited to his inpatient care at the William Beaumont Army Medical Center, please answer the following: Were there ever periods in which his movements were unsupervised? Was he allowed visitors within the United States during this period? Was he given cash or other payments, or were items or services purchased by the government on his behalf, or on behalf of his family members? Please provide all receipts and other indicia of payments made to or on behalf of Mr. Aldrete-Davila or his family.

* Please describe all of the circumstances behind the recent assault against Agent Ramos while in federal custody, including any efforts undertaken to ensure Agent Ramos’ safety. In particular, please describe and provide all documents relating to the basis for his security classification, the rationale for his designation, the adequacy of staffing levels at that institution, any warnings and opportunities given to Agent Ramos to accept protective custody, whether after his initial refusal he was given an opportunity to reconsider protective custody once incarcerated and aware of added risks, any security measures taken in recognition of his status as a former federal agent even in the absence of his placement in protective custody, and any investigations performed of the incident itself.

Border Patrol Agents have a difficult and often dangerous job in guarding our nation’s borders. I believe that aggressive prosecution of Border Patrol Agents has a chilling effect on their ability to carry out their duties and on the morale of all agents. I also believe that if wrong doing does occur, ensuring fair and safe treatment is essential. I am extremely concerned about how this case continues to unfold.

Particularly in light of the incident against Agent Ramos, and the reality that no security precautions within our prison system can be perfect, I encourage DOJ’s Office of the Pardon Attorney to move forward in promptly completing its review of this case, so that the President will be in a position, if necessary, to timely evaluate pardon or clemency petitions that are filed.

I have asked the Chairman of the Senate Judiciary Committee to continue the Committee’s investigation into this matter, and I understand that Chairman Leahy is also open to having a hearing on this issue. I therefore ask that you provide me with this requested information as expeditiously as possible.

Sincerely,

Dianne Feinstein United States Senator

Wow, way to go Senator Feinstein, I expect to see a few more Democrats take up this cause for these Border Guards, if not, they are going to look like a bunch of fools.

Good.

WOW i make the motion that on monday we place phone calls to Ms Feinstein's office and say thank you for the email in regards to our american heroes

I second that James.

I'll third that!