Senators Ask For Commutation of Border Patrol Agents

Senators Ask For Commutation of Border Patrol Agents
The Senate Judiciary Committee convened a hearing Tuesday to discuss the prosecution and subsequent sentencing of Border Patrol Agents Ignacio Ramos and Jose Compean. The agents were each sentenced to over ten years in federal prison after pursuing and shooting an illegal alien caught smuggling 743 pounds of marijuana into the country. The sentencing has created a national firestorm of controversy with many charging that the federal government has shown more favor to a drug-smuggler than its own law enforcement officers.

In attendance at the hearing were several Senators who have been active in the Ramos-Compean case, including Dianne Feinstein (D-CA), John Cornyn (R-TX), Jon Kyl (R-AZ), Jeff Sessions (R-AL), and Tom Coburn (R-OK). The witness panel included Congressmen Duncan Hunter (R-CA) and Dana Rohrabacher (R-CA) as well as T.J. Bonner, President of the National Council of Border Patrol Agents, and Johnny Sutton, U.S. Attorney for the Western District of Texas.

The Senators and testifying Congressmen each expressed their alarm at what they considered excessive punishment for Agents Ramos and Compean. Senators Feinstein and Cornyn called the sentence a "serious miscarriage of justice." Senator Sessions shook his head in dismay, saying he was "just heartbroken about it", but that he hoped the Senate could "figure out some way to be helpful to them." Congressman Hunter, who has served on the House Armed Services Committee for 26 years, called the sentence the worst case of "injustice" toward any law enforcement officer he has ever seen. Congressman Rohrabacher lamented, "It just tears at your soul to think of these two men… who put their lives at risk every day trying to do one of America's toughest law enforcement jobs… in solitary confinement for an activity that stems from their interdiction of a drug dealer."

During witness testimony, T.J. Bonner criticized the prosecution's portrait the drug smuggler who was wounded—an operative for Mexican drug cartels—as an innocent civilian who was shot in the back while trying to earn money to take care of his sick mother. Bonner defended the actions of the agents, concluding, "The wrongdoing here was bringing 743 pounds of marijuana into the country. That is a felony. And the person who did that was granted immunity by our federal government." However, Luis Barker, Deputy Chief of the Office of Border Control for the Department of Customs and Border Protection, charged that the agents' first wrongdoing was shooting the drug smuggler as he fled the scene. Senator Feinstein asked how Mr. Barker thought the agents should have reprimanded the fleeing man, to which Mr. Barker replied that their only real option was to shout and chase the man by foot. To this Senator Feinstein retorted, "No wonder so much drugs are coming across the border."

A large focus of the hearing was the application of a federal gun statute (18 U.S.C. 924(c)), a charge against the agents that was added after the original indictment. This portion of the United States Code requires a minimum sentence of ten years for discharging a firearm during a crime of violence. The Senators on the committee repeatedly discussed the fact that Section 924(c) was intended to be a deterrent to drug smugglers, not law enforcement officers pursuing them. However, Johnny Sutton, United States Attorney for the Western District of Texas, said the agents were "not heroes" and that it "is a crime to discharge a firearm during a crime of violence, and we will continue to bring those charges where the law and the evidence warrant." Senator Feinstein and other supporters disagree with Sutton's decision to charge the border patrol agents with a crime under Section 924(c), denouncing it as "prosecutorial overreach."

Senators Feinstein and Cornyn sent a joint letter to the White House Wednesday asking President Bush to immediately commute the sentences of both Ramos and Compean. Representatives Hunter, Rohrabacher, Tom Tancredo (R-CO), and Ted Poe (R-TX) have proposed similar measures in the House. In his closing statements, Congressman Rohrabacher added, "And as we now see, Scooter Libby can be set free. Two Border Patrol agents who languish in solitary confinement, whose lives are in danger, their lives don't count a bit with this administration."