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DOBBS: New developments tonight in the case of the two imprisoned former U.S. Border Patrol agents, Jose Compean and Ignacio Ramos. And new indications that the border fence project is losing support both in Washington and in some towns near the border with Mexico.

Casey Wian tonight reports that President Bush says he'll take a hard look at the Ramos and Compean case -- a major development.

Bill Tucker reports on new concerns tonight being voiced about the building of that border fence.

But first, let's turn to Casey Wian in Los Angeles -- Casey.

CASEY WIAN, CNN CORRESPONDENT: Lou, family members of imprisoned former Border Patrol agent Ignacio Ramos say they've been in telephone contact with the White House, pleading for a presidential pardon. (BEGIN VIDEOTAPE)

WIAN (voice-over): For the first time since former Texas Border Patrol agents Ignacio Ramos and Jose Compean were convicted of shooting and wounding an illegal alien Mexican drug smuggler, their supporters are hopeful President Bush will intervene in a case many lawmakers of the president's own party say is an outrageous miscarriage of justice.

MARY STILLINGER, IGNACIO RAMOS' ATTORNEY: We were very excited to hear that the president will be looking into this case. I know he probably doesn't know the facts of the case right now. In our opinion, there's been a lot of misinformation issued by the U.S. Attorney's Office about this case, and we're looking forward to correcting it.

WIAN: The president spoke about the case for the first time this week with CNN El Paso affiliate KFOX. While federal prosecutors have sought to portray the agents as rogue law enforcement officers, the president engaged in no such rhetoric.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The Border Patrol or law enforcement have no stronger supporter than me. There are standards that need to be met in law enforcement, and according to a jury of their peers, these officers violated some standards.

I -- on this case, people need to take a hard look at the facts, at the evidence that the jury looked at, as well as a judge. And I'll -- that's -- I will do the same thing.

WIAN: While he refused to rule out a pardon, the president did attempt to deflect the issue.

BUSH: Now, there's a process for pardons. I mean, it's -- and it's got to work its way through a system here in government. But I just want people to take a sober look at the reality.

WIAN: The reality is there's no requirement a pardon must go through that lengthy process.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: President Bush is well within his rights if he wanted to pardon them tomorrow.

WIAN: Meanwhile, Ramos and Compean remain in protective custody. The U.S. Marshal Service says that's because they are former law enforcement officers.

(END VIDEOTAPE)

WIAN: Family members, however, say they have already received death threats, and they are very worried about the former agents' safety. Federal prisons, of course, are loaded with drug traffickers and human smugglers, the very same people Ramos and Compean dedicated their career to stopping -- Lou.

DOBBS: Casey, as you talked with the family, are they more hopeful that this president actually meant what he said when he said he would take a hard look at it, along with the rest of us, as we examine it very carefully, and as -- and have examined it carefully over these many months?

WIAN: Absolutely. They are very encouraged that White House officials who they are talking to are taking their calls. They say they are going to be relaying the messages to the president.

At one point today, Agent Ramos' family thought they were even going to get a call from the president. That didn't happen, unfortunately. But they are a lot more optimistic than they were just two or three days ago -- Lou.

DOBBS: And have we received any indication that the White House has now responded to those 55 U.S. congressmen who have sent their entreaties to the White House requesting that this White House examine this case very carefully, as they have?

WIAN: No indication that the White House has responded to those congressmen at all, and that's one of the reasons why Congressman Duncan Hunter and others are introducing legislation that Congress -- historic legislation, that Congress wants to pardon these agents -- Lou.

DOBBS: And we should -- we should point out to -- to the audience of this broadcast, Duncan Hunter's introduction of this legislation, seeking a congressional pardon, is all but without precedent, but appears to have absolute constitutional authority.

WIAN: And with the growing support that we've seen from members of Congress, I wouldn't bet against it happening.

DOBBS: All right.
Casey, thank you very much.
Casey Wian reporting.

Turning to our poll question tonight, the question is: Do you believe that Congress should launch an investigation of the prosecution of the two U.S. Border Patrol agents and the Justice Department's decision to give immunity to an illegal alien drug smuggler as a basis for that prosecution? Yes or no?
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Jeffrey in Washington said, "Lou, it is really a travesty when the government rewards a government official with benefits while in prison after they've committed felonies and then turns around and ruins the lives of both these border patrol agents and their families for doing their jobs. This government should be ashamed of themselves."

Bill in Pennsylvania, "It's really not a question whether President Bush should feel ashamed of his actions. Clearly his arrogance does not allow him to have a conscience beyond his corporate self-interest. I know one thing though -- I am ashamed I voted for him.


DOBBS: The results of our poll tonight: 97 percent of you say that Congress should launch an investigation of the prosecution of two U.S. Border Patrol agents, and the Justice Department's decision to give immunity to an illegal alien drug smuggler as a basis for that prosecution.

Time now for more of your thoughts. Ed in Maryland said -- "Lou, you mentioned President Bush is 'indifferent' to the plight of our two Border Patrol heroes. I disagree. The president is not indifferent. He's simply taking another calculated step to keep our borders open and promote his agenda of a North American union and the ultimate destruction of the middle class."