[Congressional Record Volume 155, Number 7 (Tuesday, January 13, 2009)]
[House]
[Pages H186-H187]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENT ON A PRESIDENTIAL COMMUTATION FOR FORMER U.S. BORDER PATROL
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. Mr. Speaker, before President Bush leaves office next
week, he has the power to correct a terrible injustice.
Over the past 2 years, Members of Congress have written to the
President, as a group and individually, asking him to commute the
sentences of imprisoned U.S. Border Patrol Agents Ramos and Compean.
It is well known that these border agents were convicted and
sentenced to 11 and 12 years in prison for shooting and wounding a
Mexican drug smuggler who brought $1 million worth of marijuana across
the U.S. border in 2005. This Saturday, January 17 of 2009, will mark
the beginning of the agents' 3rd year in Federal prison.
On November 24, 2008, President Bush granted 14 pardons and two
commutations. Clemency was granted to individuals convicted of crimes
such as drug conspiracy, tax evasion, poisoning bald eagles, dumping
hazardous waste, bank embezzlement, and theft of government property.
On December 22, 2008, the President issued 19 additional pardons and
one commutation. Unfortunately, Mr. Speaker, Ramos and Compean have not
made the list.
With the help of Lou Dobbs and countless other news outlets,
Americans across this Nation have learned of the unjust prosecution of
these two men who were doing their job to protect our border. Since the
agents' convictions, the White House has received thousands of phone
calls from outraged citizens and letters sent by Members of Congress on
both sides of the political aisle.
On November 20 of 2008, I joined Congressman Bill Delahunt, Dana
Rohrabacher, and others in a letter to pardon Attorney Ronald Rogers,
which outlined the reasons for our request. And most recently on
December 11, 2008, I wrote the President that he commute the agents'
sentences before they have to spend another Christmas in Federal
prison, and, Mr. Speaker, I submit the letter for the Record.
Congress of the United States,
House of Representatives,
Washington, DC, December 11, 2008.
Hon. George W. Bush,
The White House,
Washington, DC.
Dear Mr. President: I am writing to express my deep
disappointment that the 14 pardons and two commutations you
granted on November 24, 2008, did not include commutations
for imprisoned U.S. Border Patrol agents Ignacio Ramos and
Jose Alonso Compean. Instead, clemency was granted to those
convicted of crimes such as drug conspiracy, tax evasion,
poisoning bald eagles, dumping hazardous waste, bank
embezzlement and theft of government property.
Mr. President, this week I opened a Christmas card which
pictured two beautiful families with three children each. I
was deeply saddened when I realized these were photos of the
Ramos and Compean families--who will face another Christmas
with husbands and fathers locked away in federal prison if
you fail to intervene on their behalf. Knowing that it has
become customary during the final days of a president's term
to grant pardons and commutations in criminal cases, I urge
you to take the time to personally review the prosecution of
agents Ramos and Compean. I am confident the facts of their
case will lead you to the same conclusion countless American
citizens have already reached: there are no individuals more
worthy of presidential commutations than agents Ramos and
Compean. The facts of the case will show--as Judge E. Grady
Jolly stated on December 3, 2007, during the agents' appeal--
``the government overreacted here * * * for some reason, this
one got out of hand.'' By attempting to apprehend an illegal
alien drug smuggler, agents Ramos and Compean were enforcing
our laws--not breaking them. Simply put, the indictments
against these men were unjustified.
As countless Americans and many in Congress have brought to
your attention over the past two years, agents Ramos and
Compean were convicted and sentenced to 11 and 12 years
respectively for shooting and wounding a Mexican drug
smuggler who brought 743 pounds of marijuana across the U.S.
border in 2005. Both men entered prison on January 17, 2007,
and have served nearly two years of their sentences. Since
the agents' convictions, your office has received thousands
of phone calls from concerned citizens and numerous letters
from members of Congress on both sides of the aisle. Most
recently, on November 13, 2008, I wrote a letter urging you
to commute the agents' sentences to time served. On November
20, 2008, I also joined Congressmen Bill Delahunt, Dana
Rohrabacher and others in a letter to Pardon Attorney Ronald
Rodgers which outlined the rationale for this request.
Many disturbing details of the Ramos and Compean case have
garnered national attention and raised serious concerns over
the lack of fairness in the proceedings against these two
men--including the prosecution's efforts to seek out and
offer immunity to a habitual Mexican drug smuggler, a sealed
indictment of the smuggler's subsequent drug offenses and
insufficient proof of whether or not the smuggler was
unarmed, as he claimed at trial. All of these factors
strongly call into question whether justice was served.
Among the most serious matters warranting your
consideration is the U.S. Attorney's decision to charge Ramos
and Compean with violations of 18 U.S.C. Sec. 924(c)--which
pertains to the use of a firearm during and in relation to
the commission of a crime of violence and carries a mandatory
10-year sentence. Any failure by the agents to report
[[Page H187]]
the shooting of the drug smuggler constitutes an
administrative error that should have been addressed.
However, the application of 18 U.S.C. Sec. 924(c) to two U.S.
Border Patrol agents in lawful possession of their firearms
appears grossly inappropriate. Because agents Ramos and
Compean were required to carry firearms during the course of
their duties, I urge you to consider commuting this 10-year
mandatory minimum sentence enhancement.
Mr. President, the end of your term is quickly approaching
and time is running out for you to heed the calls of the
American people and reverse the grave injustice committed
against agents Ramos and Compean. No useful purpose is served
by the continued incarceration of these distinguished law
enforcement officers. During this Christmas season, a time of
peace and thanksgiving for the birth of our Savior Jesus
Christ, I urge you to open your heart to the pleas of the
American people and commute the sentences of these two
Hispanic-American heroes.
Sincerely,
Walter B. Jones,
Member of Congress.
A response from the White House said that the agents' requests for
commutation ``are receiving a careful and fair review.'' If the
President takes the time to personally review the agents' case, I am
confident the facts will lead him to the same conclusion that the
majority of Americans have already reached: The indictments against
these men were unjustified.
The President should carefully consider one of the most troubling
aspects of this case: The agents were charged under a statute intended
for violent criminals carrying guns, not for law enforcement officers
acting in the line of duty. Because the border agents were required to
carry firearms during the course of their duties, I urge the President
to commute the 10-year mandatory sentence for these charges.
Mr. Speaker, time is running out for the President to reverse this
grave injustice committed against Ramos and Compean. I pray that he
will open his heart to the pleas of the American people and commute the
sentences of these two deserving men.
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