[Congressional Record: February 25, 2008 (House)][Page H1019]

From the Congressional Record Online via GPO Access [wais.access.gpo.gov][DOCID:cr25fe08-94]                                                 

AGENTS RAMOS AND COMPEAN  The SPEAKER pro tempore. Under a previous order of the House, the gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.  Mr. JONES of North Carolina. Madam Speaker, today is day 404 of incarceration for two former United States Border Patrol agents. Agents Ramos and Compean were convicted in March of 2006 for shooting a Mexican drug smuggler who brought 743 pounds of marijuana across our border into Texas.  These two decorated Border Patrol agents who were doing their duty to protect the American people from an illegal alien drug smuggler have now served more than a year of their 11- and 12-year prison sentences.  On December 3, 2007, the Fifth United States Circuit Court of Appeals in New Orleans heard oral arguments for the agents' appeal. During the hearing, one of the three judges on the case, Judge E. Grady Jolly, said, ``It does seem to me that the government overreacted here. For some reason, this one got out of hand.'' A ruling on their appeal is now expected any day, and the American people are anxiously awaiting the result.  Many of us in Congress and millions of American citizens feel that the United States Attorney's Office in the Western District of Texas was not justified in indicting these agents.  Nothing can erase the suffering these agents have undergone and the many months they have spent in prison away from their families. However, a judgment in favor of Ramos and Compean in this appeal would be the first act of justice these agents have seen since their arrest.  Madam Speaker, the injustice of this case should not go unexamined. A number of days ago, I hand-delivered a letter to John Conyers, the chairman of the House Judiciary Committee and a man I greatly respect, to request a hearing on this case. There have been many letters sent to the White House by Members of Congress and the American people calling on the President to pardon these agents. As of this time, the White House has not even responded to any of these calls from the American people. That is why it is critical that Chairman Conyers hold hearings to examine the injustice. The comments by the appeals judge are justification enough for the House Judiciary Committee to review this case to determine exactly why this case ``got out of hand.''  Madam Speaker, as the American people eagerly await a ruling by the Fifth Circuit Court of Appeals, my prayers are with the agents and their families. It is my hope that the judge's decision will rectify this gross miscarriage of justice, and faith in our judicial system may be restored.  Madam Speaker, before I close tonight, I would like to say to the families of Agents Ramos and Compean that many of us here in the House of Representatives of both parties have not forgotten this injustice that has befallen your families, and we promise to do our best to see the injustice become a justice for the Compean and Ramos families.                          ____________________

Congress needs to scream loud enough over this issue, and those in the White House Press Corp need to get some backbone by asking Bush what is holding up his pardoning of these men.  Bush promised an answer because, as he said, there is a "process" that needs to be followed in order for the Executive Branch to render an opinion.

Bush is exibiting extreme arrogance, both on this, and on other issues that have been presented to him in public forums.  He appears to be one that has absolutely no conscience or sense of justice on this particular issue, but rather defers to Johnny Sutton, who prosecuted the case.  Sutton introduced into evidence that these agents had made statements that they "were out to get a Mexican" the day that this incident took place, and admitted later this was a lie.  The fact that Osbaldo Aldrete-Davila ran another load of drugs BEFORE the trial while under immunity and that evidence was suppressed raises important questions on any Congressional investigation.  It is looking more and more like the Executive Brance is in bed with drug dealers, and that needs to be openly discussed as to whether there is any evidence of this taking place.  This needs to follow Bush AFTER the election, if the credibility of any links surface.  No one is above the law, and participating in criminal activity is NOT something a past Chief Executive can claim immunity from.

Not the first executive branch to be in bed with drug dealers, eeeh?

Dubya is following the orders of the CFR.  He is a puppet and his daddy is jerking the strings.

I thought the 5th circuit was supposed to render a decision by the end of January.  I'd say somebody there is in somebody's pocket.

Read this about how EASY it apparently is to get a Presidential pardon, and if this doesn't tell you that agents Ramos and Compean are in prison on orders from Bush, I don't know what will!!

 From CNN website (after googling "bush pardons")

Bush pardons moonshining 'Deliverance' actor

By Robert Yoon
CNN Washington Bureau

This particular thread needs to be kept alive, or any similar ones that address the plight of Ramos, Compean and any other Border Patrol Agents that have been unfairly dealt with by the legal system.

What is going on in the 5th Circuit Court?  Does anyone have any information?  We need to keep on this issue.

I agree EE,  as these men may sit forever, particularly if anyone of the three liberals rule in '09, and it would be very doubtful that Bush would pardon in the last days of his Presidency.

Hopefully Duncan Hunter and Dana Rohrabacher in the House will keep this issue alive in spite of who is elected.  I would say we check with Steve E. with grassfire to see the status on the 5th Circuit. 

Dyne said: Clinton already proved that pardons are quite easily for sale.

Ya think McCain could score some points if he said the first thing he would do if he won the presidency is give a full pardon to Ramos and Compean?  Will it ever happen?

Not a chance in hell....... 

You know, I am totally surprised that not ONCE did this come up in the campaign, not in any of the what, ten thousand debates (OK, slight exaggeration, but it felt like 10K), not by anyone!!  I am shocked and saddened that not one person at CNN or MSNBC thot the plight of these two men was worth asking the hard question to ALL of the candidates at least once!  SHAME ON THEM!!

Rayj00 said:

 

Ya think McCain could score some points if he said the first thing he would do if he won the presidency is give a full pardon to Ramos and Compean?  Will it ever happen?

Not a chance in hell....... 

Since all who have given McCain such glowing acollades for enduring torture as a POW in North Vietnam, wouldn't it be quite a contradiction if he DIDN'T pardon them?

It would seem that the brain-dead who ask questions of presidential candidates should take a shot of some sort of stimulant that would give them the urge to ask questions of the candidates about this issue.  How can it be considered so unimportant that it has not been done so far?  It's just another indication of what should overwhelming doubt about any who are cast into the spotlight, whether they be politicians, news types (including the "talk'show" category), entertainers, leading business figures, military brass, etc.

It is absolutely amazing that there is such a lock on the questions that can be presented to We The People in order us to make informed decisions on how we cast our votes.  It is also amazing that we little people, who really have little voice in comparison to those who have the leverage of electromagnetically propogating their views, are the only ones that have a scintilla of interest in this issue.

On December 3, 2007, the Fifth United States Circuit Court of Appeals in New Orleans heard oral arguments for the agents' appeal.

I read that this panel had up to 90 days to rule on Nacho and Jose's appeal. That 90 days was up yesterday. I'm not educated on the points of law, but I am certain that the ruling was to take no longer than 90 days.  

FeathersFlying said:

On December 3, 2007, the Fifth United States Circuit Court of Appeals in New Orleans heard oral arguments for the agents' appeal.

I read that this panel had up to 90 days to rule on Nacho and Jose's appeal. That 90 days was up yesterday. I'm not educated on the points of law, but I am certain that the ruling was to take no longer than 90 days.  

Some of us aren't that familiar with the court system either, but have visited the 5th Circuit's web site.  There was no mention a few days ago about the appeal.

Now that we are past the deadline, perhaps someone familiar with court procedures, or anyone with the time to devote to a detailed search of the site, can find the information.

The 5th Circuits website is: http://www.ca5.uscourts.gov/default.aspx

A post on a website today referring to the issue is as follows:

Monday, February 04, 2008

elaina said: This injustice should be shouted from the rooftops so that the whole world can hear.  Even if the two are pardoned, justice is not  served until all those responsible are locked up in jail themselves.

Employers, Employers... said:

elaina said: This injustice should be shouted from the rooftops so that the whole world can hear.  Even if the two are pardoned, justice is not  served until all those responsible are locked up in jail themselves.

 

Would you say that also includes George W. Bush?

Hi!  U.S. Congressman Walter Jones of North Carolina, has been great in the fight to free Wrongly Convicted and Wrongly Imprisoned Border patrol agents Ramos and Compean.  U.S. Congressman Walter Jones of North Carolina has totally correctly Pointed out that both Ramos and Compean were charged, Prosecuted, and Convicted of a Federal Crime Law that had absolutely Nothing too do with their case and situation. Former Border Patrol agents Ramos and Compean were Prosecuted and Convicted of a Federal Crime Law that they are clearly and definitely Not guilty of. The law that the Border Patrol agents were Prosecuted with was 18 United States Code section 924(c). The Following important Speech about this is from U.S. Congressman Walter Jones, of North Carolina:

Ramos, Compean convictions based on federal crime which doesn't exist

 Mr. Speaker, as the Members of this House well know, in February 2006, U.S. Border Patrol Agents Ramos and Compean were convicted in a U.S. District Court in Texas for shooting a Mexican drug smuggler. They were sentenced to 11 and 12 years imprisonment, respectively, and today is the 153rd day since the two agents entered Federal prison.

What Members of this House may not know is that 10 years of each of their sentences were based on an indictment and conviction for a Federal crime that does not exist. The Federal crime they were convicted of does not exist.

The law that they were charged with violating has never been enacted by the United States Congress but rather was fashioned by the Office of the United States Attorney for the Western District of Texas, Johnny Sutton.

The law that the agents were charged with, 18 United States Code section 924(c)(1)(a) as enacted by Congress, requires a defendant to be indicted and convicted either of using or carrying a firearm during and in relation to the commission of a crime of violence or possessing a firearm in furtherance of a crime of violence.

However, neither Mr. Ramos nor Mr. Compean was ever charged with the specific elements of the crime. Instead, Mr. Sutton's office extracted from the United States Criminal Code a sentencing factor, discharging a firearm, and substituted that sentencing factor for the congressionally defined elements of the offense.

In this case, I can imagine how difficult it would be to obtain an indictment and conviction for ``using,'' ``possessing'' or ``carrying'' a firearm when the Border Agents were required to carry firearms as part of their job. That difficulty may well, very well, explain why this United States Attorney's Office unilaterally changed Congress's definition of a crime to a definition that would be easier to prove by the prosecution.

Any change in the elements of a crime amounts to the seizure of legislative authority by a Federal prosecutor. When this encroachment upon the legislative power of Congress was brought to my attention and to the attention of my colleagues, Congressmen Virgil Goode and former Texas State judge, Congressman TED POE, we joined forces with the Gun Owners Foundation, U.S. Border Control, U.S. Border Control Foundation and the Conservative Legal Defense and Education Fund to file a friend of the court brief in the United States Court of Appeals for the Fifth Circuit Court.

The brief urges reversal of these unjust convictions and 10 year mandatory minimum sentences by spelling out how changes contained in two counts of the indictment against the agents are ``fatally defective'' because they fail to charge an offense as defined by the statute.

Mr. Speaker, many of my colleagues and the American people have been greatly concerned about the denial of due process of law to Agents Ramos and Compean. The American people must be confident that prosecutors will not tailor the law to make it easier to convict in a particular case. Federal prosecutors take an oath to enforce the law, not to make the law.

Here is the Link to this whole Speech, Given By U.S. Congressman Walter Jones, of North Carolina:
http://ramos-compean.blogspot.com/2007/06/ramos-compean-convictions-based-on.html

Former Border Patrol agents Ramos and Compean are clearly and definitely Not guilty of that Federal Crime Law.  I have called the White House Comment Line over 30 times since January of 2007, asking, pleading, and speaking boldly and sternly that Ramos and Compean be Free from Prison immediately. 
I demand that Ramos and Compean be Freed Right Now!.

Brack,

Can you find more recent information about this case?  This information is nearly 9 months old.  What we need to know is what is going on in the 5th Circuit in New Orleans.  They are past due on rendering an opinion on either declaring a mistrial on what put these men in prison, or bringing Bush into the picture to suggest that he pardon them.

With all due respect to Congressman Walter Jones, he partially missed the point.  With all that went wrong with the progress of this trial it still remains that KATHLEEN CARDONE sat there mute while this miscarriage of justice progressed before her eyes.  That should make her, as well as Johnny Sutton the focus of our outrage.

Employers, Employers... said:

elaina said: This injustice should be shouted from the rooftops so that the whole world can hear.  Even if the two are pardoned, justice is not  served until all those responsible are locked up in jail themselves.

 

Would you say that also includes George W. Bush?

A big and loud H.. yeah!

elaina said:

Employers, Employers... said:

elaina said: This injustice should be shouted from the rooftops so that the whole world can hear.  Even if the two are pardoned, justice is not  served until all those responsible are locked up in jail themselves.

 

Would you say that also includes George W. Bush?

 

A big and loud H.. yeah!

And who else?  Judge Kathleen Cardone?  Johnny Sutton?  How about Judge E. Grady Jolly who appears to be among those sitting on his keester instead of presenting a ruling on a review of the case?  The ruling is now almost a week past due.

Are people going to forget these men, who have been aggregiously denied their rights, and allow them to serve out the sentences that Judge Cardone placed on them?  What kind of a country have we become if we do this?  Was Abu Gharib, under American control, worse?  Don't your think that organizations like Amnesty International ought to take a look at this?  What about the other public interest law firms, such as the Southeastern Legal Foundation?  Aren't we heading for a situatiojn where international courts should be brought into the picture if justice has become so compromised?  Where is the American Civil Liberties Union?  Ramos was beat up in prison.

Nothing  but silence everywhere!