[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.

                          ____________________