I used tonight's Lou Dobbs transcript to help me compose this new letter:

More information regarding “Bordergate”

The Justice Department said it had no choice but to prosecute those two agents for the shooting, in part because it had no evidence against the drug smuggler. But newly-released transcripts from the agents' trial clearly demonstrates that those claims by the Justice Department are flatly wrong. DHS investigators clearly lied to members of Congress regarding this case. Now the transcripts make it crystal clear Johnny Sutton has told numerous lies about this case.

The big question is, why didn't the government prosecute the drug smuggler and give immunity to the border guards (who had good service records), instead of vice versa?

After former Border Patrol agents Ignacio Ramos and Jose Compean were sentenced to 11 and 12 years in prison for shooting an illegal alien Mexican drug smuggler, U.S. attorney Johnny Sutton held a press conference. He defended his decision to prosecute the agents and give Oscar Aldrete- Davila immunity for smuggling about 750 pounds of marijuana across the Texas border.

At a news conference, JOHNNY SUTTON, U.S. ATTORNEY, said, “ We have no evidence -- if someone has some evidence that this van driver, that this illegal alien committed a crime, I would be happy to have it, because I would be happy to put this guy in prison for as long as we possibly can.”

Trial transcripts reveal there was plenty of evidence that Aldrete-Davila in fact had been transporting marijuana that day and again several months later.

The transcripts have actually weakened the government's case. It shows the behind-the-scenes maneuverings of the Justice Department. It shows that the Justice Department clearly knew that Aldrete-Davila was not just a small-time drug dealer, but a big-time cartel member who smuggled numerous times.

Another lie from SUTTON, “If someone has evidence that Aldrete has committed a crime, and we'd be happy to prosecute.”

Aldrete-Davila admitted to another Border Patrol agent, a friend of the family, that he was smuggling a load of dope the day he was shot. That admission came several days before prosecutors gave Aldrete-Davila immunity. Also, a Homeland Security Department investigator testified at the trial that the smuggler violated the terms of his immunity agreement. And the transcripts show prosecutors knew Aldrete-Davila was connected to a second drug-smuggling attempt. He was in custody. He was in a federal courtroom and would have been a very simple matter to have one of the U.S. marshals put the cuffs on him and lead him out, charge him with those offenses. And they failed to do that.

The prosecutors worked diligently to keep the jury from hearing anything about Aldrete-Davila's drug-smuggling history. To preserve the smuggler's credibility, U.S. District Court Judge Kathleen Cardone sealed the record about the second van so it could not be mentioned at the trial,

The government continues to target the agents, not the smuggler. To date, 82 members of Congress have now supported a resolution or a bill that would congressionally pardon these two agents.

I urge my elected representatives to join these 82 members of Congress and pardon these two agents.