Border Agents Getting More Support From Congress

Border Agents Getting More Support From Congress

Dave Eberhart, NewsMax.com
Wednesday, July 18, 2007

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Senators from both parties — including Sen. Dianne Feinstein — say federal prosecutors were overzealous in the federal case against former U.S. Border Agents Jose Compean and Ignacio Ramos.

The two agents are serving 12- and 11-year prison sentences, respectively, for wounding a fleeing illegal alien drug smuggler in February 2005.

After Tuesday's Capitol Hill "Hearing to Examine the Prosecution of Ignacio Ramos and Jose Compean," before the Senate Judiciary Committee, the already hot controversy surrounding the imprisoned border agents rekindled.

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The evening after the hearing, Judiciary Committee members Sen. Dianne Feinstein, D-Calif., and Sen. John Cornyn, R-Texas, announced on CNN's "Lou Dobbs Tonight" that they had decided to request that President Bush commute the sentences of Ramos and Compean.

In other post-hearing developments:

Feinstein pledged to press on with her examination of why prosecutors charged the men under section 924(c) of the U.S. Code, which requires a 10-year sentence for using or carrying a firearm in the commission of a crime of violence. She argues the statute did not apply to Ramos and Compean in their pursuit of a drug smuggler at the Mexican border — because there was no underlying crime.

According to a report in Fox News, Rep. Dana Rohrabacher, R-Calif. has slated a hearing to cover that same prosecutorial charging discretion ground, and more, in the House July 31.

Given renewed life is legislation already introduced by presidential hopeful Rep. Duncan Hunter, R-Calif. Hunter has filed a bill providing for a congressional pardon for the two border agents — with 100 House members already signed aboard — even though there are lingering legal questions about congressional pardoning authority.

Lead prosecutor of the agents, U.S. attorney for west Texas Johnny Sutton has refused to testify at Rohrabacker's July 31 hearing of the Subcommittee on International Organizations, Human Rights, and Oversight of the House Foreign Affairs Committee.

Rohrabacher wants to quiz Sutton about any and all involvement by Mexico in the decision to prosecute the agents.

Also in the unanswered issue category, according to Fox News: Rohrabacher wants any information Sutton may possess about a special visa given to Aldrete-Davila, the illegal wounded by the agents, as part of the general immunity deal offered to the drug smuggler.

Of particular interest is whether the travel pass facilitated Aldrete-Davila in his alleged second attempt to smuggle marijuana into the U.S. — while in receipt of his immunity from federal authorities. The travel pass issue was highlighted by Sen. Cornyn after Tues. hearing. "Among other things, it would appear that the government allowed this drug dealer to violate the terms of his immunity agreement with impunity," he declared.

In the meantime, the Bush administration is keeping its cool about the uproar. Press secretary Tony Snow has said repeatedly that he could not discuss any details related to a potential pardon or commutation.

For his part, prosecutor Sutton is standing by his guns. At the Tuesday hearing he raised his voice and said, "Ramos and Compean have no one to blame but themselves. Instead of reporting like their duty-bound to do, they covered it up. That's why a west Texas jury convicted these guys. West Texas juries don't convict cops easily."

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