Document drop: Court upholds long sentences for Border Patrol agents

By Michelle Malkin  •  July 28, 2008 06:56 PM

I’m posting the ruling by the Fifth Circuit Court of the Appeals in the case of Border Patrol agents Ignacio Ramos and Jose Alonso Compean that came down today.

Click here for the 45-page ruling (PDF).

Sen. John Cornyn’s office has pressed President Bush to commute the sentences:

U.S. Sen. John Cornyn, R-Texas, a member of the Senate Judiciary Committee, expressed his strong disappointment with today’s ruling by the U.S. Court of Appeals for the Fifth Circuit, which upheld virtually all of the convictions against imprisoned Border Patrol Agents Ignacio Ramos and Jose Alonso Compean. Sen. Cornyn said that with their legal options virtually exhausted, save for intervention by the U.S. Supreme Court, President Bush must step forward and commute their sentences. Sens. Cornyn and Dianne Feinstein first requested a commutation of their sentences in a letter sent to President Bush on July 18, 2007. Both Senators also sent a follow-up letter to the President reiterating this request on April 21, 2008.

“While I am still reviewing this opinion, it’s clear that Ignacio Ramos and Jose Compean will not receive the relief that they deserve. It’s been more than one year now since Senator Feinstein and I first called on the President to address this miscarriage of justice. With this court decision, it is now more important than ever for the President to act.

“As I have long said, it is incomprehensible to me that an illegal alien drug smuggler was allowed to violate his immunity agreement, perjure himself and be granted a series of unlimited visas to roam free in our country while two border patrol agents were given excessive prison sentences. The sentences of 11 years for Agent Ramos and 12 years for Agent Compean were significantly higher than for many other serious crimes.

“This administration has now had ample time to carefully gather and review the facts of this case. The facts, in my view, point to a clear case of prosecutorial overreach and a case where the sentence does not match the crime. This case cries out for a commutation that is fair and just, and I once again call on President Bush to act.”

Sen. Cornyn also said today that he is examining legislation introduced in the House of Representatives by U.S. Rep. Kevin Brady aimed at protecting federal law enforcement officers from the enhanced criminal penalties for gun-use “while on duty and in pursuit of a criminal they believed to be violent and dangerous.” The federal prosecutors in the Ramos/Compean case used their discretion to charge this firearms offense under 18 U.S.C. § 924(c), which carries with it a mandatory minimum of 10 years. This was in addition to the 12 other offenses that were charged. The result was that Ramos and Compean received sentences that were higher than the average sentences for other federal crimes.

“Congressman Brady has introduced a bill that in my view addresses a loophole in our federal sentencing guidelines. While I am still examining this issue, it appears on balance, that similar legislation should be introduced in the Senate, and I am committed to pursuing this issue more closely in the days ahead,” Sen. Cornyn said.

***

From Calif. GOP Rep. Dana Rohrbacher’s office:

Today, the 5th Circuit Court of Appeals released its decision in the Ramos and Compean case. The Court affirmed all convictions except those for tampering with an official proceeding, which were vacated. The ruling affirms the 18 U.S.C 924(c), mandatory minimum ten year sentence for the unlawful discharge of a firearm during a crime of violence. Rep. Dana Rohrabacher (R-CA) has issued the following statement:

“Unfortunately, the Court has sided with the prosecutors who threw the book at the good guys and the good guys have lost this round. This makes President Bush’s role in this miscarriage of justice even worse. Affirming U.S. Attorney Johnny Sutton’s decision to give the benefit of the doubt to an illegal alien drug smuggler in order to win at all costs and destroy the lives of our brave border agents simply magnifies the horrible travesty this really is.

“The fact the judges couldn’t bring themselves to recognize that the 924(c) gun charge was never intended to be used against law enforcement officers engaged in a legitimate deadly force situation demonstrates the need for Congress to take legislative action to correct any further ambiguity in the law.

“I renew my call for the President to do the right thing and immediately pardon Ramos and Compean.”

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Comments


  1. #1
    On July 28th, 2008 at 7:02 pm, John Ansell said:

    Liar 1, Border agent 0.

    It’s overdue but Bush should Pardon these guys now.

  2. #2
    On July 28th, 2008 at 7:03 pm, puhiawa said:

    I saw an interview with the prosecuting attorney. Afterwords even the reporter felt these guys were had.

  3. #3
    On July 28th, 2008 at 7:07 pm, John Ansell said:
  4. #4
    On July 28th, 2008 at 7:10 pm, jhn1 said:

    And the Border Patrol is continuing to run ads looking for “a few good men” willing to have their employer and country hang them out to dry.

  5. #5
    On July 28th, 2008 at 7:14 pm, love2rumba said:

    It’s overdue but Bush should Pardon these guys now.

    You bet your sweet bippy, John Ansell.

    I am amazed at what government we do get rightthat has to be done by the grass roots without help from what should be from politicians from “our” side…..

  6. #6
    On July 28th, 2008 at 7:15 pm, love2rumba said:

    Their conviction is like letting a known predatory criminal dictate justice in our country.

  7. #7
    On July 28th, 2008 at 7:16 pm, MacEamonn said:

    The refusal of the President to pardon or commute the sentences of these two Border Patrol officers is either an example of one of the President’s huge blind spots on some very basic American values and concepts, his total bullheadedness when it comes to supporting his friends, even when they are way out of line, or part of the White House’s policy predilection toward appeasing the Mexican Government.

  8. #8
    On July 28th, 2008 at 7:19 pm, John Ansell said:

    Common McInsane, demand that pardon. Oh Wait, Juan Hernandez is still on your campaign. My bad.

  9. #9
    On July 28th, 2008 at 7:19 pm, MNUSMCDavid said:

    Any one know if this court has the same reputation as the ignoble 9th?

  10. #10
    On July 28th, 2008 at 7:20 pm, Stubby said:

    The powers to be have made it clear that they value the opinion and support of open-borders advocates, illegal aliens, LaRaza, and Mexico, over the tax-paying, voting citizenry of the USA. Bush should commute the sentences of Compean and Ramos immediaely but won’t because it might hurt the feelings of “god’s children”, Juan Hernandez and Vicente Fox and his buddies. This obsessive pandering has gone on long enough. It’s is clear that the people have no voice in anything unless they get on the phones, faxes and email. What’s happening to our democracy? The arrogance of position is shameless beyond belief. Out with all of them.

  11. #11
    On July 28th, 2008 at 7:22 pm, Die Hippie, Die said:

    On July 28th, 2008 at 7:16 pm, MacEamonn said:

    The refusal of the President to pardon or commute the sentences of these two Border Patrol officers is either an example of…his total bullheadedness when it comes to supporting his friends…

    To be fair, Bush didn’t commute Scooter Libby’s sentence until after Libby’s (unjust) conviction.

  12. #12
    On July 28th, 2008 at 7:29 pm, John Ansell said:

    I second Stubby’s post #10.

  13. #13
    On July 28th, 2008 at 7:37 pm, MrScribbler said:

    On July 28th, 2008 at 7:22 pm, Die Hippie, Die said:

    Scooter didn’t spend an hour behind bars.

    Ramos and Compean have been imprisoned for more than a year and a half.

    Jorge Boosh was pushing for the agents to be railroaded as soon as the word came down from his Mexican masters. Johnny Sutton could not have played as fast and loose with the law as he did without knowing Jorge had his back.

    Makes one wonder who “got” to the Circuit Court. But not wonder very hard. This has the White House’s fingerprints all over it.

  14. #14
    On July 28th, 2008 at 7:40 pm, Bhishma said:

    On July 28th, 2008 at 7:02 pm, John Ansell said:

    It’s overdue but Bush should Pardon these guys now.

    Sorry John, but doesn’t seem like you know your president/commander-in-chief well. POTUS/commander-in-chief is the one who has left the back-door open. He is the one who granted immunity to the drug dealer to testify against the American law-enforcing Border Patrol agents. What makes you think the same POTUS would help anyone who stops his illegal-alien business-buddies from profiting?
    Sorry again, but your POTUS/commander-in-chief is bought over by rich Saudis and big businesses, long before he got “elected”.

  15. #15
    On July 28th, 2008 at 7:40 pm, Christian Soldier said:

    Didn’t Clinton pardon LOTS of people -some Felons – at the end of his term?

  16. #16
    On July 28th, 2008 at 7:43 pm, Pulchritudinous Patriot said:

    I am rapidly losing what little faith I have left in my government. I now believe that President Bush is part of a larger conspiracy to make Mexico, the U.S. and Canada into one country, with the Amero as it’s common currency.

    History proves that all great nations or empires fall. I fear that my generation and that of my childrens will be the one’s to see this nation fall.

    We have no good choice for President. John McCain or Barack Obama. One is a Marxist the other a Maverick…neither, I fear really care about the principles that this nation was founded on. Each is more interested in their own adgenda, but both share a common interest in the “globilization” of this country.

    I read this novel, written by Taylor Caldwell, called Captains and The Kings. Her forward is interesting:

    “…There is indeed a plot against the people, and probally always will be, for government has always been hostile toward the governed. It is not a new story, and the conspirators and conspiracies have varied from era to era, depending on the political or economic situation in their various countries.

    But it was not until the era of the League of Just Men and Karl Marx that conspirators and conspiracies became one, with one aim, one objective and one determination….President John F. Kennedy knew what he was talking about when he spoke of “the Gnomes of Zurich.” Perhaps he knew too much! Coups d’etat are and old story, but they are now growing too numerous…”

    The novel was copyrighted in 1972, granted, but she includes a bibliography which contains research into the history of various “conspiracy theories”.

    While I at one time blew off such nonsense as the pervue of black helicopter paranoids, I am slowly coming to see a pattern, a logic to some of what is said.

    There is too much history repeating…there is too much of the Machievellian that I see in our leaders. There is too much of the Lassiez Faire.

    Socialism and Marxism is being preached openly in the chambers of Congress, over the airwaves and in print. History is no longer properly taught, ploitical correctness is the law in our schools and the rights of the citizens of this country are slowly being eroded. Sold for the “greater good” or for “Globalism” in exchange for what? Power? Money? Both?

    The scary thing is that Barack Obama is polling just under 50%…20 or 30 years ago, he’d have been dismissed in much the same manner we dismiss Lindon Larouche or Ron Paul (and rightly so).

    Our children are slowly being dumbed down..as is society, who seems to care for little more than what’s happening on Keeping up with the Kardashians or other useless drivel that is spoonfed to the masses.

    I must stop now…I have to teach my children their daily history lesson..we are reading Ben Franklin’s biography. I just don’t know if this will be enough, our collective efforts to raise our children as Americans, to teach them proper history. I don’t want my children to miss the liberties I had as a girl…I don’t want my progeny to have to rebel, like our founders had to, to win back the country.

    But tonight, I fear that this will be their destiny.

    As for Captains and The Kings…it’s hard to find, but a really well told work of fiction about a boy fleeing the Potato Famine and how he became rich and powerful and was hung by his own hubris…it’s worth finding and reading.

  17. #17
    On July 28th, 2008 at 7:43 pm, John Ansell said:

    Bhishma said, there is a reason I stopped supporting Bush. I voted for him twice, but the second time I had to hold my nose. No more holding nose to vote for me.

  18. #18
    On July 28th, 2008 at 7:44 pm, MacEamonn said:

    On July 28th, 2008 at 7:22 pm, Die Hippie, Die said:

    On July 28th, 2008 at 7:16 pm, MacEamonn said:

    The refusal of the President to pardon or commute the sentences of these two Border Patrol officers is either an example of…his total bullheadedness when it comes to supporting his friends…

    To be fair, Bush didn’t commute Scooter Libby’s sentence until after Libby’s (unjust) conviction.

    I’m not sure where you’re going with this? He commuted Libby’s sentence(one of his or Vice President Cheney’s “buds”) because it was “exsessive”, but he won’t commute Compean and Ramos excessive sentences because, as I understand it, his “bud” from Texas, U.S. Attorney Johnny Sutton, was the prosecuter.

  19. #19
    On July 28th, 2008 at 7:44 pm, starlightwoman said:

    President Bush should really pardon these agents now. John Cornyn is one of the few really good guys in the Senate and he is running for re-election this year. It is not surprising that he is working on behalf of these agents.

    For more information on Senator Cornyn

  20. #20
    On July 28th, 2008 at 7:45 pm, Jeddite said:

    Here’s a debate question that wont get asked for Senators Obama and McCain: “Was the conviction of border guards Ignacio Ramos and Jose Compean a political debacble? with the follow-up of “Should the convictions of border guards Ignacio Ramos and Jose Compean be commutted?.

  21. #21
    On July 28th, 2008 at 7:45 pm, mlnicosia said:

    This is a really sad story. I can’t imagine how difficult this is for them and their families. What can we do about this?

  22. #22
    On July 28th, 2008 at 7:45 pm, Christian Soldier said:

    #8 David-even the 9th (mine )-: )with proper arguement -Thomas More Law won a couple of pro-life cases in front of the pro-death 9th-
    We NEED more SMART lawyers for our side!!!!!

  23. #23
    On July 28th, 2008 at 7:47 pm, Christian Soldier said:

    John # 16 – DITTO!

  24. #24
    On July 28th, 2008 at 7:54 pm, Christian Soldier said:

    #15 I read it YEARS ago-thanks for the reminder-I’ll try to find my copy–

    I’m NOT GIVING UP!!!

    Remember-there is the Homeschool movement-growing every year (I H.S. when the movement was still coached by the Moores.)There is the Mayflower Institute (truth about American History)
    There is Patrick Henry College-Hillsdale College—I could go on -need-less to say- We WILL STAY ON IN THIS BATTLE!!!!!

  25. #25
    On July 28th, 2008 at 7:54 pm, Alphonse said:

    The Coyote-in-Chief’s sympathies are with the other side.

  26. #26
    On July 28th, 2008 at 7:57 pm, PatriotRider said:

    No, we need to start shooting criminals dead in the act of committing the crime. That way we don’t hurt their feelings and we don’t have to railroad those who are protecting us from the flotsom and jetsom of society. Not all crimes need to be dealt with in this manner just kill the ones that just need killing. Then there are the lawyers……….

  27. #27
    On July 28th, 2008 at 8:01 pm, Pulchritudinous Patriot said:

    #23…

    I know, I’m just feeling a bit, well, ticked off…I live in Houston and our locak morning talk show hosts (Pat Grey and Edd Hendie) have been on this since nearly the beginning. I feel personally involved with this case.

    I’m single, and the schools in my neck of the woods are good, but the “no habla engles” crowd is getting bigger and bigger…So, I teach what isn’t taught in class.

  28. #28
    On July 28th, 2008 at 8:04 pm, cactusjoe said:

    A few weeks ago, I had the opportunity to talk to Chuck Baldwin (Constitution Party presidential candidate). I asked him about these two border agents. He said, “My first day in office will be their last day in jail.”

  29. #29
    On July 28th, 2008 at 8:08 pm, Christian Soldier said:

    # 25 I know-A nice Pinot Noir or a Scotch on the rocks (if you do that sort of thing) helps me calm down and re- focus.

  30. #30
    On July 28th, 2008 at 8:14 pm, Rob said:

    Time to form the militia…..

  31. #31
    On July 28th, 2008 at 8:16 pm, Barry F. said:

    …and Dianne Feinstein first requested a commutation of their sentences…

    Good grief! Even Dianne Fienstein is requesting it!

    Come on, GWB. Parson Ramos and Compean already. However many days it is since they were found guilty on the word of an illegal alien drug smuggler that was given an amnesty deal by the prosecution is that many days too long. Show some backbone some domestic issues for once! Ugh! :roll:

  32. #32
    On July 28th, 2008 at 8:21 pm, Barry F. said:

    Parson Pardon

  33. #33
    On July 28th, 2008 at 8:26 pm, Pulchritudinous Patriot said:

    #27…I like either…in fact, I’m sipping a nice merlot right now!

  34. #34
    On July 28th, 2008 at 8:32 pm, BlameAmericaLast said:

    This is absurd. Contrast this with the murders of three people by an illegal alien in (sanctuary city) San Francisco. And that was after criminal had be released, and not deported on prior charges.

    We should start a petition campaign for these two (for pardon) and send that to Bush. I bet we would get over one million in no time.

    Considering the scum Clinton pardoned, this is a no brainer.

  35. #35
    On July 28th, 2008 at 8:32 pm, tonyr951 said:

    “The Court affirmed all convictions except those for tampering with an official proceeding, which were vacated.”

    Would the jury have convicted them on the other counts if they had not been persuaded by the prosecution that the agents “tampered” with the case?

  36. #36
    On July 28th, 2008 at 8:40 pm, Boomer said:

    The rule of law continues to be subverted to punish those that would protect us against the enemies of this country. We have seen Marines prosecuted for defending themselves in a hot fire fight with the enemy hiding among the civilians only guilty of the crime of using their training in clearing a building in house-to-house fighting. Now we see the word of a lying illegal invader drug dealer/smuggler still smuggling his death dealing drugs across our wide open border over that of two agents only guilty of not aiming for center of mass instead shooting the bastard in the ass.

    Makes you want to run right out and join the Border Patrol after seeing how they take care of their own, especially after the lack of justice for the agent run down by an SUV a few months ago. I said it when OJ walked and I say it again there is no justice in America I continue to have no faith in the legal/justice system or the President to do what is right by either commuting their sentence or issue a pardon.

  37. #37
    On July 28th, 2008 at 8:43 pm, MrScribbler said:

    Unless Jorge Boosh gets The Word from his bosses in Mexico city, he won’t lift a finger for Ramos and Compean.

    Let this be his legacy: during his presidency, America became a sanctuary nation, and American citizens became unpersons.

    So much for the rule of law, eh Jorge?

  38. #38
    On July 28th, 2008 at 8:47 pm, Christian Soldier said:

    We need more men like Kromberg !:

    http://gatesofvienna.blogspot.com/2008/07/wanted-muslim-friendly-prosecutors.html#readfurther

    A “tell it like it is” man…

    If he ever needs $$$ to run for office-I’ll give :-)

  39. #39
    On July 28th, 2008 at 9:11 pm, Azygos said:

    cactusjoe

    I suggest you read their position pages. If I remember correctly one of the first things they want to do is cut and run from Iraq and Afghanistan.

  40. #40
    On July 28th, 2008 at 9:18 pm, heroyalwhyness said:

    #33 tonyr951

    “The Court affirmed all convictions except those for tampering with an official proceeding, which were vacated.

    Would the jury have convicted them on the other counts if they had not been persuaded by the prosecution that the agents “tampered” with the case?

    That’s a damn good question.

  41. #41
    On July 28th, 2008 at 9:35 pm, flenser said:

    I suggest you read their position pages. If I remember correctly one of the first things they want to do is cut and run from Iraq and Afghanistan.

    Then it’s odd that this is mentioned nowhere in their platform.

  42. #42
    On July 28th, 2008 at 9:40 pm, ajmontana said:

    “I renew my call for the President to do the right thing and immediately pardon Ramos and Compean.”

    I’m sure he will,on the way out, but none the less without any doubt whatsoever it should be NOW. :mad:

  43. #43
    On July 28th, 2008 at 9:42 pm, maisy said:

    George Bush is evil. He is behind the dissolution of the countrys’ sovreigntry. He should be tried for treason.I have to laugh when the congress tries to impeach him when they are as culpable as he in allowing the invasion of our country. They think Americans are stupid.Many are, but not all.

  44. #44
    On July 28th, 2008 at 9:43 pm, Chief1942 said:

    Don’t suppose supporting a fellow lawyer’s (Sutton)reputation against 2 LEO’s had anything to do with it do you? Can anyone actually put their finger on the precise date this country went from a “Justice” system to a “Legal” system?

  45. #45
    On July 28th, 2008 at 9:50 pm, josetheguerilla said:

    This case has all the things that raise my Systolic above 200. I’m going to have an abdominal aortic aneurysm; luckily Mrs. Malkin is gracious enough to let me post my hot air.

    Things that that I don’t like about this case:

    1. Two Federal officers of the United States lied about a shooting incident on the border. Why didn’t the Border Patrol agents tell their supervisor they shot a drug dealer in the ass? They should have told the truth, regardless on any gray areas on Border Patrol regulations.

    2. Special Agent Sanchez felt it necessary to make the case known to supervisors high up the chain. The Police Officer or Federal agent should always get the benefit doubt. However, when your own buddies turn you in, it’s hard to maintain integrity.

    3. What’s up with throwing spent shells in the irrigation ditch?

    Police Officers are suppose to uphold the law, and that’s what these two Border Patrol Agents were doing. However, a Federal agent can’t pick, and choose what Federal regulations, and guidelines they are going to follow at any given moment. Kick ass, and protect the borders, but kick ass, and protect the borders by the letter of the law, and by the book. These two officers should have never lied to their supervisors on a serious incident that occurred protecting our nations borders. Having said that, the Border Patrol is overwhelmed by an influx of illegal immigration, and a country that refuses to give them the money, and resources that are need to accomplish their mission. Maybe most Border Patrol agents feel it necessary to lie to their supervisors on a daily basis to accomplish the impossible, and hopeless mission of securing our nations borders.

    Facts:

    1. A Mexican drug dealer was given immunity by the United States government, while it was fighting the War on Drugs. What would Ronald Reagan say?

    2. These two border Patrol agents have already served hard time for this mess.

    3. The Border Patrol has been given an impossible mission, because lack of support by the very government who prosecuted them.

    4. Mexico is laughing at us.

    5. It’s not over till the illegal alien wins

    Ramos, and Compean need to be given an immediate, and full pardon by President Bush. Half the nation thinks he’s an idiot. A few more won’t hurt his image any.

    /s/

    José

  46. #46
    On July 28th, 2008 at 9:55 pm, josetheguerilla said:

    Things that that I don’t like about this case:

    “That that” should be that. Got that? Now where are my BP meds?

    the guerilla

  47. #47
    On July 28th, 2008 at 10:09 pm, malkin_fan said:

    It should no longer be called the legal system, it should be called the illegal system because it now favors them.

  48. #48
    On July 28th, 2008 at 10:22 pm, madchef said:

    Death to tyrants!!

    The government no longer works for the people, only towards their global agenda
    even if it means the destruction of our nation. Ramos and Compean are prisoners of war.

  49. #49
    On July 28th, 2008 at 10:45 pm, goodforlaughs said:

    If our Border Patrol officers can be charged and convicted as criminals for doing their job, what’s next? Are these liberal thugs running rampant in our judicial system going after police officers next, when they “protect & serve” law-abiding citizens and shoot and kill a criminal in the act of committing a crime?

  50. #50
    On July 28th, 2008 at 10:51 pm, HDFOB said:

    The legal system make mistakes. This is one of the country’s biggest.

    Lets put aside the law. I don’t know how anyone could watch the Cornyn/Feinstein hearings and NOT stand back and look at the larger context.

    What greater good can Johnny Sutton possibly think he is serving? Other than corrupt Mexican Govt Relations.

    I was shocked to read recently that Ramos and Compean’s lawyers had not filed the paperwork for a presidential pardon. I hope that’s not true. The political establish needs to be put on the spot. WHERE IS FOX NEWS?? Why didn’t Hannity ask John McCain about this?

    The law is an ass!! Common sense needs to rule the day and free the persecution of these patriots.

  51. #51
    On July 28th, 2008 at 11:04 pm, Speakup said:

    Did the administration file a brief with the appellate court?

  52. #52
    On July 28th, 2008 at 11:27 pm, MrScribbler said:

    On July 28th, 2008 at 11:04 pm, Speakup said:

    Did the administration file a brief with the appellate court?

    I don’t know, but I feel certain a few key players in the government “touched base” with the judges along the way.

    A magnificent nation and an equally magnificent system of justice have been brought to their knees by elected traitors.

    I remain proud of my country, but am sickened by the weak-kneed corrupt fools who currently “run” it.

  53. #53
    On July 29th, 2008 at 12:38 am, Travis McGee said:

    Presidente Arbusto’s worst disgrace.

  54. #54
    On July 29th, 2008 at 2:05 am, WisCon said:

    A travesty of justice.

  55. #55
    On July 29th, 2008 at 2:18 am, DirkBelig said:

    All you people whining about how it seems that native-born citizens of this country are now second (or third?)-class persons well behind invaders and criminals are forgetting that our political elite classes see these invaders as a growing constituent block and thus a prime audience for pandering and offers of wealth transfers from the law-abiding citizens.

    Who is going to claim the fealty of these invaders? A party which decides to put the citizen first or a party that rewards the invader with preferential treatment, funded by the now-discriminated against?

    Duh.

    Anyone who dares speak against God’s Children shall be smeared as a racist xenophobe. Only fear and hatred animates these complaints anyway. Who in their right mind would label themselves an -ist or -phone by pointing out that it’s not fair for an invader from Mexico to get a better tuition rate than a citizen from a separate state? Not me!!!

  56. #56
    On July 29th, 2008 at 7:57 am, RedDog said:

    Our own political leaders are selling us out. From this issue to the housing crisis to the value of the dollar to the intransigence on energy. Democrat and Republican both have betrayed America. We the people have been asleep at the switch and I won’t object to being called a sucker for having fallen for the charade.

    Mssrs. Ramos and Compean get 10 years in prison, but Fannie Mae and Freddie Mac execs and the other corrupt banking toads get cash bailouts from the American taxpayer. Congress can’t jump fast enough to help them. What the h*** is wrong with this country?

  57. #57
    On July 29th, 2008 at 8:09 am, Rob said:

    We ought to shoot more of the border crosers and the problem would stop.

  58. #58
    On July 29th, 2008 at 8:44 am, dan708 said:

    I would want the president to do more than commute their sentences – PARDON them, for crying out loud! I have just sent an email to the president over this.

  59. #59
    On July 29th, 2008 at 8:51 am, misterbee241 said:

    It’s overdue but Bush should Pardon these guys now.

    I have a feeling Hades will freeze over first.

  60. #60
    On July 29th, 2008 at 9:05 am, abstractmind said:

    On July 28th, 2008 at 7:40 pm, Bhishma said:

    A couple of things i would point out, if i might…

    First off, he’s your president as well, whether you like that or not. Even if you dont like the man, or voted for him, he’s still your President too, and you’d do well to at least remember that fact. I could play the equivalence game like this, but it doesnt address the issue. And neither do you, really.

    Secondly, what does Saudi’s have to do with this story here? You can take random cheap shots, but you’re injecting irrelevance into the issue.

    As far as the border patrol agents, this is something Phil Valentine has followed since the start, and went to Phoenix some months ago to present the wives of these agents with a check for their legal defense, with money raised from his listeners. These men should receive medals, and yet they are in shackles.

    While i’m not holding my breath for anything from the POTUS (honestly, if he was going to do something, he should have done something about it already), if the SCOTUS steps in, perhaps this travesty can be remedied.

    But, again..not holding my breath.

  61. #61
    On July 29th, 2008 at 9:12 am, IndyRich said:

    I’ve heard about this case a few times over the past year or so, but have never researched it.

    I found this as I did a google search. Although I am still searching for more information, it sounds very compelling.

    As much as I hate the idea that a US law enforcement officer committed a crime, that is how it is looking to me right now.

    As much as I hate the idea that a drug smuggler is not prosecuted, it appears – by the agent’s own statements – that no prosecution of the smuggler was possible because the agents did not arrest the smuggler or even properly collect any evidence against him.

    Take the time to read the statement from the District Attorney. I find this issue very disturbing and I’m continuing to research, so please bear with me…..

  62. #62
    On July 29th, 2008 at 9:19 am, JDinTX said:

    I don’t believe SCOTUS will change anything and I know Jorge Bush won’t do what he should. He is even asking Texas to wait on executing Medellin who raped and killed two girls because this is a violation of the World Court. I hope we carry out the execution as quickly as possible. We need to show that we enforce our laws and not just on citizens. Too bad we can’t enforce the immigration laws also.

  63. #63
    On July 29th, 2008 at 9:26 am, Rusty said:

    The real problem here isn’t President Bush’s lack of a pardon and it certainly isn’t the 5th Circuit. The Circuit was handcuffed by law and if they were to overturn sentences you’d be yelling “Judicial Activism!” in no time.

    The problem here is the injustice that is mandatory minimum sentencing. Mandatory minimum sentences ignore extraordinary circumstances and leave many people with ridiculously harsh sentences who don’t deserve it. Please see FAMM.org for more.

  64. #64
    On July 29th, 2008 at 9:33 am, mpChops said:

    Rusty,

    Judicial activism is only judicial activism if you disagree with it.

  65. #65
    On July 29th, 2008 at 9:51 am, sonofdy said:

    Rusty, the problem here is 2 guys got in trouble for doing thier jobs. Thats it. I have no problem with the law, but these guys didn’t break the law. Bush the lame should pardon them.

  66. #66
    On July 29th, 2008 at 9:51 am, abstractmind said:

    On July 29th, 2008 at 9:26 am, Rusty said:

    I could see where some of that could be the case. In this particular instance, the law was misapplied to law enforcement agents, and as a result, the extra time was tacked on.

    Specifically, I don’t have a problem with mandatory sentences. There are places that are considering, or have may have passed now, laws requiring sex offenders serve at least 25 years in prison without parole. I -believe- there is some variance, but for certainly for violent offenders this seems just.

    Mandatory sentencing is a double edge sword, as we see here. If we remove this case (and agree that it was wrong to give them this sentence in the first place), and look strictly at application, these mandatory sentences keep judges who might otherwise go easier on criminals for -insert reason here- are barred from doing so and must make people (on some level) pay for their crimes.

    your website you’ve linked, however, is for a group that wants these removed for drug offenses, rusty…this has nothing to do with some huge travesty of justice, but a site dedicated to going easier on drug users. For those folks, I feel no need for legal sympathy. By and large, these are people who are engaging in illegal, destructive behaviors (destructive either for themselves, or for others mainly) and deserve punishment. I can’t use your website as a valid representation of sentencing issues when that’s the line their towing.

  67. #67
    On July 29th, 2008 at 9:59 am, almeehan said:

    Our country has turned justice on it’s head. Legislation made out of emotion rather than rational thought results in these often injust sentences. Judges should have latitude, not for judicial activism, but for common sense ajudication based on facts and the common welfare of the community as a whole.

  68. #68
    On July 29th, 2008 at 10:05 am, deusexmachina said:

    This unseemly mess will undoubtedly be a major part of the Bush legacy — along with unhindered mass illegal immigration. It is a shameful episode.

  69. #69
    On July 29th, 2008 at 10:09 am, walterc said:

    Of all the U.S. Attorney’s fired by Bush, Johnny Sutton is the one that needed it. This guy is out of control in the fight against illegal aliens (or the lack thereof).

    Actually as many of you have already pointed out, the Bush Whitehouse is in bed with the illegal amnesty North American Union crowd.

    God help us help ourselves.

  70. #70
    On July 29th, 2008 at 10:09 am, Mister P said:

    Free Ramos and Capian NOW!!!!!

    Too me Bush will be known for Shamnesty, Mediocre education, devalued dollar, huge national debt and Ramos and Capian.

  71. #71
    On July 29th, 2008 at 10:09 am, Weary Citizen said:

    This would not have happened 40 years ago when men were still men. Our leaders would have told mexico to shut up, and they would have. In fact, we would have brought the drug dealer back and tried him for smuggling. Mexico knew our leaders back then were not to be tangled with. Fast forward to today, and we have a bunch of PC, tolerance at all costs, career politicians running this country. Heck, many leaders of other countries openly antagonize and and threaten the US gov’t and our leaders do nothing. Unfortunately, I don’t think we can change course. We are too far gone. Our only option is to change the sitting gov’t through the ballot box. But it is a very slim chance that will be effective since so many of the voters have their “hands in the cookie jar” and aren’t about ot lose the free money and ride. Add to that, we are importing millions more low skilled uneducated immigrants every year (legal and illegal), many who have socialist leanings anyway, and you can clearly see the logical end game. The dems know this and why they fight so hard to keep them coming. Critical mass of socialist liberals will be reached within 2 decades at current pace. Once there, the patriots will be outnumbered to such a degree, there wil be no return. IMHO of course.

  72. #72
    On July 29th, 2008 at 10:14 am, Mister P said:

    The problem here is the injustice that is mandatory minimum sentencing

    Trying to change the subject once again. The real issue is shamnesty, US employees doing their job and a President bent on Keeping them in prison. Mandatory minimum is hardly an issue. They should not have been tried in the first case, making it mute.
    As far as drug pushers. If the law can show any of their drugs got into the hands of a child, then they should have a mandatory 20 year sentance (or more).
    As far as child molesters, I like the idea of chemical castration (to go with the life sentance).

  73. #73
    On July 29th, 2008 at 10:36 am, cactusjoe said:

    As far as child molesters, I like the idea of chemical castration…

    A sharp knife provides a better solution.

  74. #74
    On July 29th, 2008 at 10:43 am, meatpieandtatters said:

    Rule of law doesn’t mean squat when those interpreting the laws have their heads up their Southern orifice.

  75. #75
    On July 29th, 2008 at 10:45 am, DBNinKY said:

    With this court decision, it is now more important than ever for the President to act.

    Mandatory sentencing provides law enforcement the necessary leverage needed to prosecute the most vile and rampant of drug and abuse cases where credible witness are too few and far between.

    It is indeed a valued bulwark against criminals running the streets and must be viewed as such when considering its merits and applications.

    That being said, I do not think it was fairly or justly applied to this case. Agents Compean and Ramos acted within the law and to the particulars of the situation, to apprehend those drug trafficing illegals.

    President Bush should commute their sentences and grant full pardons to them both. It’s only right.

  76. #76
    On July 29th, 2008 at 10:56 am, radio relay said:

    And, you all think we live in a “free” country….

  77. #77
    On July 29th, 2008 at 11:03 am, bit_boy said:

    Why am I not surprised the same court system that betrayed Ramos n Compean said yup, that’s O.K. Do not the fifth and ninth drink the same Kool-Aid and is not the audacity of stupidity the wind that Bush urinates into.

  78. #78
    On July 29th, 2008 at 11:22 am, pokenhorn said:

    The real message of the Ramos and Compean decision is to the rest of us. Don’t dare interfere with the invasion across the southern border. The territorial integrity of the USA nation is a fiction and don’t you forget it. I voted for Bush twice, wrote in his defense locally, and admired his conviction. But for this betrayal of Ramos and Compean I feel nothing but disgust and revulsion for Bush and Republicans.

  79. #79
    On July 29th, 2008 at 11:38 am, brad_sk said:

    This is really unfortunate and sad.

  80. #80
    On July 29th, 2008 at 11:45 am, Rusty said:

    To people who say I’m changing the subject by bringing up mandatory minimum sentencing, get a grip. The law states that discharging a firearm during a crime is an automatic 10 years. You may think these Border Patrol agents are innocent, but a prosecutor and a jury of their peers all disagreed. If it weren’t for that mandatory minimum of 10 years, these guys would be out by now.

    That being said, I do not think it was fairly or justly applied to this case. Agents Compean and Ramos acted within the law and to the particulars of the situation, to apprehend those drug trafficing illegals.

    So, you’re for mandatory minimum sentencing except for when you disagree with it? What part of “mandatory” are you not getting?

    I’m fine with harsh sentences towards drug pushers and violent criminals and of course pedophiles. But by not allowing for extenuating circumstances, you have cases of low level pot dealers doing five years in a federal prison. You have people who need treatment rotting in our already bloated prison system. And, yes, you have two Border Patrol agents convicted of a crime who aren’t getting out until 2016 or so because of a stupid sentencing law.

  81. #81
    On July 29th, 2008 at 11:46 am, orlandocajun said:

    I heard the facts of this case regurgitated on the radio this morning.
    A pardon isn’t good enough for me. They should be pardoned, re-instated as agents, promoted, given full back pay, pay for pain and suffering and then get an apology from Bush on national TV.

    I can’t think of anything that Bill Clinton did that is bad as Bush letting these guys rot in prison. For all the good things that Bush has done, this will be his legacy in my mind. His prosecutor is corrupt which makes Bush just as corrupt.

    Hunter and Rhorbacher need to bring this back into the national spotlight and press McCain and Obama for a position on this.

  82. #82
    On July 29th, 2008 at 11:48 am, NavyMom said:

    Welcome to the United States of Amexica.

  83. #83
    On July 29th, 2008 at 11:49 am, Bhishma said:

    On July 29th, 2008 at 9:05 am, abstractmind said:
    On July 28th, 2008 at 7:40 pm, Bhishma said:
    First off, he’s your president as well, whether you like that or not. Even if you dont like the man, or voted for him, he’s still your President too, and you’d do well to at least remember that fact. I could play the equivalence game like this, but it doesnt address the issue. And neither do you, really.

    Answer:
    I know MY POTUS/commander-in-chief well, if you see the difference… Which brings us to your next question:

    Secondly, what does Saudi’s have to do with this story here?

    Answer:
    Cheap labor, open-borders, corporations, wealth, Saudi, Arbusto, Bandar Bush…… if you see the connection.

  84. #84
    On July 29th, 2008 at 11:56 am, Rob said:

    I’m fine with harsh sentences towards drug pushers and violent criminals and of course pedophiles.

    …boy can I add to THAT list…all gang memebers, taggers, returnig illegals, eco-terrorists, etc…

    This would not have happened 40 years ago when men were still men…

    We have become a politically correct culture of wimps.

  85. #85
    On July 29th, 2008 at 12:01 pm, Valiant said:

    Has anyone asked McCain aboutr this? He will love the chance to offend the base one more time.

  86. #86
    On July 29th, 2008 at 12:09 pm, DBNinKY said:

    So, you’re for mandatory minimum sentencing except for when you disagree with it? What part of “mandatory” are you not getting?

    The overbearing, underhanded, down-right dirty part that sends the good guys to jail for cathcing the scumbag criminals that are poisioning our kids and destroying our society with drugs! Explicit enough?

  87. #87
    On July 29th, 2008 at 12:13 pm, Bulldogger said:

    ACTION ALERT!
    This Week May Be the Beginning of the End of Immigration Enforcement SEN. MENENDEZ TRULY COMMITTED TO ENDING IMMIGRATION ENFORCEMENT
    This is somewhat unrelated to the story but we need to stop this insanity!

    http://www.numbersusa.com/content/nusablog/beckr/july-28-2008/this-week-may-be-beginning-end-immigrati.html

  88. #88
    On July 29th, 2008 at 12:18 pm, greenfairie said:

    Child molesters, rapists, and murderous gangbangers walk while these guys rot in jail. Unbelievable.

  89. #89
    On July 29th, 2008 at 12:19 pm, DBNinKY said:

    To be clear, mandatory sentencing is a bargaining chip law enforcement needs to illicit damaging testimony from one guilty party against another, in return for a lighter sentence. It was misapplied in this case.

  90. #90
    On July 29th, 2008 at 12:35 pm, abstractmind said:

    Answer:
    Cheap labor, open-borders, corporations, wealth, Saudi, Arbusto, Bandar Bush…… if you see the connection.

    Not really. I mean, if you want to play the 6 steps of seperation, maybe…I just dont see the direct relevance based on what you’re claiming. That is what i’m focusing on. I personally think you’re injecting this to obscure the issue by blaming Bush for something that really isn’t his fault. While I absolutely believe he needs to pardon them, and its shameful he hasnt already, the problem didnt start with him. And blaming the president for something that falls first and heavily on the prosecutor is a misdirection at best. Same some of your venom for him and those like him, please.

    Rusty,
    I dont think you’re changing the subject, per se.

    The law states that discharging a firearm during a crime is an automatic 10 years.

    This law was never meant to be used against law enforcement agents during the lawful discharge of their duties. If you read the case studies involved on this, I believe some of that may help clear some of the confusion up.

    Secondly, I agree that we need to allow for some extenuating circumstances. For instance, a lowly pot peddler sentenced to a federal prison means he did something else other than just sell weed. How about on school property? Does that not warrant a higher penalty, since he’s selling to kids? If the dope (pun intended) sells to people on federal land, or breaks federal law while selling that crap, then yes, he deserves a federal sentence. How about possession of an illegal firearm… i mean, we ARE talking about a drug dealer, they do tend to carry guns too. Depending, there’s more federal charges. I find that to be fair.

    You have people who need treatment rotting in our already bloated prison system.

    true. But did they seek treatment before they were incarcerated? While i think we should try help some of these people, there are things in the private sector that deal with this. It shouldnt be left just up to the taxpayer.

  91. #91
    On July 29th, 2008 at 12:38 pm, malkin_fan said:

    I am embarrassed that I voted for Bush.

  92. #92
    On July 29th, 2008 at 12:39 pm, Rusty said:

    To be clear, mandatory sentencing is a bargaining chip law enforcement needs to illicit damaging testimony from one guilty party against another, in return for a lighter sentence. It was misapplied in this case.

    You understand that this means drug dealers can turn on people below them on the drug chain. The big dealer can get off and the lowly dude selling eights gets five years?

    Regardless of drug sentencing, the mandatory sentencing here reeks too. You can’t support mandatory minimum sentencing for everyone except for people you personally feel sorry for. It’s an all or nothing thing. It needs to go.

  93. #93
    On July 29th, 2008 at 12:56 pm, Christian Soldier said:

    Call the court…
    On July 28th, 2008 at 7:07 pm, John Ansell said:
    Here, Call the 5th circuit. Info toward the end

    Talk-talk – talking won’t make it happen.

  94. #94
    On July 29th, 2008 at 12:56 pm, Christian Soldier said:

    PS # 3 above…

  95. #95
    On July 29th, 2008 at 1:05 pm, Mister P said:

    To people who say I’m changing the subject by bringing up mandatory minimum sentencing, get a grip.

    We question you and your intent. So you get a grip. Start your own BLOG if you like.

  96. #96
    On July 29th, 2008 at 1:18 pm, DBNinKY said:

    It needs to go.

    No.This is what presidential pardons are for – when they aren’t being reserved for “scummies” like Marc Rich.

  97. #97
    On July 29th, 2008 at 4:48 pm, abstractmind said:

    On July 29th, 2008 at 12:39 pm, Rusty said:

    Fair enough.

    But i dont support giving the larger fish a deal to turn others in.

    In fact, it should be “if you dont turn in your cohorts, we UP the sentences”.

    That, to me, seems fair. For criminals, i’ll less about coddling them, and ALL about negative reinforcement.

  98. #98
    On July 29th, 2008 at 5:22 pm, DBNinKY said:

    You understand that this means drug dealers can turn on people below them on the drug chain.

    Exactly! It’s the Sargeant York philosphy of “luring out and picking off the followers first.” And too, better one than none.

    It was misapplied in this case.

    Read: the agents are innocent and should not have been charged in the first place, simply for doing their jobs.

  99. #99
    On August 7th, 2008 at 10:17 am, Dimsdale said:

    On July 29th, 2008 at 12:39 pm, Rusty said:

    To be clear, mandatory sentencing is a bargaining chip law enforcement needs to illicit damaging testimony from one guilty party against another, in return for a lighter sentence. It was misapplied in this case.

    You understand that this means drug dealers can turn on people below them on the drug chain. The big dealer can get off and the lowly dude selling eights gets five years?

    Regardless of drug sentencing, the mandatory sentencing here reeks too. You can’t support mandatory minimum sentencing for everyone except for people you personally feel sorry for. It’s an all or nothing thing. It needs to go.

    I think you have a reasonable point here. It is kind of like the way the “no tolerance” drug and gun laws are prosecuted against schoolchildren for getting expelled/suspended for giving a friend an aspirin or making a drawing of a gun. Nonsensical misapplication of insufficiently specific laws.

    The real cure is better judges and politicians. Probably more the latter, since they appoint many of the judges…

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