Bush is one of the primary reasons that the Mexican border is open...of
course he won't support Border Patrol agents, or the Border Patrol.
 
B
 
http://www.cnsnews.com/public/content/article.aspx?RsrcID=33254
 
Failing to Pardon Border Agents Called 'Worst Black Mark' on Bush
Wednesday, July 30, 2008
By Kaitlynn Riely, Correspondent 
(CNSNews.com) - Three Republican congressmen on Tuesday urged President Bush
to grant pardons to two former Border Patrol agents, both of whom face more
than 10 years in prison for shooting an illegal immigrant as he fled towards
the U.S.-Mexico border. 
 
One of the congressman said if Bush failed to pardon the agents it would
represent "the worst black mark" on his presidency.
 
"We are calling on President Bush to take this opportunity to show this
Christian charity that he always talks about," said Rep. Dana Rohrabacher
(R-Calif.) during a news conference in his Washington, D.C., office. 
 
Rohrabacher joined Reps. Ed Royce (R-Calif.) and Louie Gohmert (R-Texas) in
decrying a federal appeals court decision Monday that uphold the prison
terms for former Border Patrol agents Ignacio Ramos and Jose Compean. 
 
Ramos faces an 11-year sentence, and Compean faces a 12-year sentence. 
 
In the interests of justice and national security, Royce said, the president
should pardon the agents. 
 
"In the end, this will be the worst black mark on this presidency [if Bush
does not pardon the Border Patrol agents]," Rohrabacher said. "It shows the
very meanness of spirit, and a disregard for the sacrifice of those people
who are defending our country at the border."
 
Ramos and Compean encountered Osvaldo Aldrete-Davila on Feb. 17, 2005, on
U.S. territory, as he was attempting to smuggle 743 pounds of marijuana from
Mexico into the United States. Aldrete-Davila fled toward Mexico, prompting
Compean to fire his gun 14 times. 
 
None of Compean's shots hit Aldrete-Davila, but Ramos fired once and hit
Aldrete-Davila in the buttocks. Both agents said they saw Aldrete-Davila,
who got away into Mexico, holding a gun. 
 
Aldrete-Davila was granted immunity and testified against the agents in a
federal criminal trial. He admitted that he was attempting to smuggle
marijuana into the United States when he was shot.  
 
In April 2008, he pleaded guilty to federal charges that he smuggled drugs
into the United States in another incident several months after he was shot.

 
The appeals court vacated Ramos' and Compean's convictions on obstruction
charges and sent the case back for re-sentencing. The sentences are unlikely
to be reduced, however, because the court did not reverse the Border Patrol
agents' convictions for discharging a firearm during the commission of a
crime. This charge has a mandatory minimum sentence of 10 years. 
 
Rohrabacher said the case was "obviously a miscarriage of justice." He vowed
that he would "not give up the fight to save Ramos and Compean" and said the
next step - barring a presidential pardon - was a wider appeal to the 5th
Circuit or an appeal to the Supreme Court. 
 
Royce said he is co-sponsoring legislation that will clarify the firearms
law and indicate that it was not intended to apply to law enforcement agents
in the course of performing their duties. 
 
"The irony here is who would have thought that that law would be applied
against a law enforcement officer in the line of duty who feels he is trying
to defend himself, which is the case made by agents Ramos and Compean,"
Royce said.
 
Royce said the legislation is still in its early stages.
 
But, Royce said, the legislation is prospective and not retroactive, so it
will have no bearing on Ramos' and Compeans' case.
 
Following the news conference, Royce told CNSNews.com that border agents he
has spoken to "cannot comprehend" why the arrest was of the agents and not
of the drug smugglers. 
 
"The question to them was: who is the government trying to get here: the
border control agents who are trying to seal the border, or the smugglers,
who are trying to open up the border?" Royce said. 
 
Royce said the court's decision will impact the Border Patrol agents'
ability to secure the border. He called it a "huge victory" for the open
borders lobby. 


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