Thread: Sen. Feinstein's Letter to Chertoff and Basham re 2 BP agent

February 8, 2007

The Honorable Michael Chertoff Secretary U.S. Department of Homeland Security Washington, DC 20528

The Honorable W. Ralph Basham Commissioner U.S. Customs and Border Protection 1300 Pennsylvania Avenue, NW Washington, DC

Gentlemen:

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 year 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. I am writing separate letters to U.S. Attorney General Gonzales and Federal Bureau of Prisons Director Harley G. Lappin, in an attempt to find out how this could have happened.

I now write to you to get additional information about this case, and learn more about your agencies’ involvement in pursuing these prosecutions. I am aware that the Department of Homeland Security (DHS) released, just yesterday, a highly-redacted version of its Inspector General’s 77-page report that was completed on October 19, 2006. This report, however, often raises more questions than it answers.

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. Accordingly, I ask that you provide me with the following information, including requested documents, as expeditiously as possible:

* An unredacted version of the DHS Inspector General’s report.

* I note that the Inspector General’s report states that Mr. Aldrete-Davila initially lied when he was first asked by investigating agents in Mexico about his interactions with Agents Ramos and Compean – refusing to admit any involvement in drug trafficking. Is this true? If so, do you believe it was appropriate to offer immunity against prosecution to Mr. Adrete-Davila for this crime that he initially lied to American agents about committing?

* The Inspector General’s report also states that, even after being given immunity and other benefits, Mr. Aldrete-Davila refused to provide any information about the Drug Trafficking Organization (DTO) that had hired him to transport the drugs. To your knowledge, did Mr. Aldrete-Davila ever provide any information about this DTO or any of his drug suppliers? If not, 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 drug traffickers who hired him?

* The Inspector General’s report also notes that, after Mr. Aldrete-Davila was shot, he participated in discussions in Mexico about putting together a “hunting party” to seek revenge by shooting American border agents. The Border Patrol apparently considered this threat significant enough to send an alert to law enforcement agencies on the border, warning them to be on the lookout for Mexican gangs seeking to kill federal agents. The Inspector General’s report seeks to minimize Aldrete-Davila’s involvement in this, saying he refused to participate in retaliatory action. Even if true, he clearly knew who discussed the idea of a “hunting party” against American agents. Did Mr. Aldrete-Davila provide the names of these people as a part of his cooperation as a government witness, or was this also something that he refused to discuss?

* The Inspector General’s report also concludes that at least three other Customs and Border Protection (CBP) Agents participated in the cover-up of Mr. Aldrete-Davila’s shooting, but redacts their names. The report notes how each of these other agents was given immunity to testify against Agents Ramos and Compean, and notes that but for this immunity, they could have been charged with multiple felony offenses, including making false statements to federal officials and tampering with an investigation. Are these agents still working at CBP? If so, please explain why society benefited most by absolving these agents entirely and keeping them on the force so that they could testify in a criminal prosecution against Agents Ramos and Compean? In other words, why was their prosecution preferable to handling this entire matter administratively – in which case all of those involved in the cover-up might have been fired, and CBP purged of all agents who committed federal felonies?

* Did your agencies participate in any of the prosecutorial charging or sentencing decisions made by the Department of Justice? If so, please explain the nature of your participation, any supportive or dissenting information provided, and your rationale for any recommendations made?

* What was the total cost to your agencies – both in terms of hours expended by government employees and in financial outlays – in its efforts that sent officers or others to interview Mr. Aldrete-Davila in Mexico, convince him to testify, provide him with medical services, give him appointed counsel, complete immunity packages, conduct interviews, pay for all related travel expenses, obtain the necessary documents for his border crossings, prepare for trial, and house and feed him as a interviewee or witness?

* How long was Mr. Aldrete-Davila housed in the United States as a government witness prior to the trial? How many other occasions did he also travel to the United States with the Government’s assistance? For each visit, including but not limited to his visit for medical treatment 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 any of his family members? Please provide all receipts and other indicia of payments made by the government to or on behalf of Mr. Aldrete-Davila or any member of his family. Please also describe any actual or potential immigration benefits promised or discussed with Mr. Aldrete-Davila in return for his testimony.

I appreciate your prompt attention to this request, and I look forward to receiving this information from you soon.

Sincerely,

Dianne Feinstein United States Senator

Thanks for posting these letters count.

I had heard she was getting involved and man, is she.

See if they ignore her letters eh?

And an investigation. Awesome!

Good.

It's about time a Democrat took some interest in this case. Maybe she can urge her fellow Dems to develop a conscience and get behind this.

I think Chertoff and Alberto (LaRaza) Gonzales. Should be removed from office.

You go girl!! its about time someone showed some guts! in the demacratic party!!!

If anyone wants to thank Senator Feinstein for doing this here is her email pg:
http://feinstein.senate.gov/email.html

THE TWO letters look the same to me but im sure the one to anchor baby gonzalez has alittle more than this one.

AS I SAID in the other letter. Call Feinstein Monday and say thank you