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Former (Border Patrol)agents can seek pardon (GOOD NEWS!)
Inland Daily Bulletin ^ | 12/22/2006 | Sara A. Carter

Posted on 12/22/2006 4:58:51 AM PST by radar101

Former Border Patrol Agent Jose Alonso Compean attends a press conference and rally on Thursday, December 21, 2006 in front of the Old Orange County Courthouse where supporters, led by Rep. Dana Rohrabacher requested the President pardon both Compean and fellow agent Ignacio Ramos' conviction for the non fatal shooting of a Mexican citizen smuggling drugs into the United States. Compean and Ramos are both facing more than 10 years in prison.

In the first official response of any kind to several congressional letters sent on behalf of two former Border Patrol agents, the U.S. Department of Justice Thursday recommended that the agents personally petition for a presidential pardon.

The Justice Department letter was one highlight of a midafternoon rally in Santa Ana for former agents Ignacio Ramos and Jose Alonso Compean. At the rally, Rep. Dana Rohrabacher, R-Huntington Beach, demanded that President Bush review the agents' case and either pardon them or commute their sentences. "This is a definitive moment for President Bush's character," Rohrabacher said at the press conference. "We are not attacking the president. We are pleading with him to please give these people a holiday pardon."

Compean and Ramos were sentenced in October to 12 and 11 years, respectively, in federal prison for the non-fatal shooting of a Mexican drug smuggler. Both men believed the smuggler was carrying a weapon during a foot chase along the Texas-Mexico border in April 2005.

Osbaldo Aldrete-Davila, the smuggler, was given immunity and full medical care for the wound to his buttocks by the Texas U.S. Attorney's Office in exchange for testifying against the agents.

Aldrete-Davila, who lives in Mexico, is suing the U.S. Border Patrol for $5 million for civil rights violations.

Compean and Ramos were fired from the Border Patrol following their convictions last spring. Their case has garnered national attention since the Daily Bulletin first published the agents' story in August.

Grassfire.org, a conservative national issues advocacy organization, has collected more than 156,000 petition signatures nationwide seeking a presidential pardon for the agents.

Compean, his wife Patty, and their three children attended Thursday's rally. Compean's mother held her youngest grandchild, 3-month-old David, in her arms.

Anna Belle, 11, Compean's oldest child, stood by her mother and smiled as her father began to thank those who have supported the family.

"If the president could look into my husband's eyes, he would know that he is a good man and that he is innocent of what he has been accused of," Patty Compean told the Daily Bulletin.

White House officials have not commented on the case, though the Justice Department letter acknowledges receipt of Rohrabacher's Dec. 6 letter to the president, which was signed by 48 congressmen.

The Justice Department letter then outlines what steps the agents should follow to pursue a presidential pardon.

"As to the issue you raise of a presidential pardon, should Messrs. Ramos and Compean wish to petition for clemency, they may contact the Office of the Pardon Attorney at the Department of Justice for further information on eligibility and procedures," the note reads.

The letter is a watershed of sorts for the agents, who have had several different groups of congressmen send letters on their behalf to the president, with no response of any kind prior to Thursday.

Staff writer Sara A. Carter can be reached by e-mail at sara.carter@dailybulletin.com, or by phone at (909)483-8552.


TOPICS: Culture/Society; Foreign Affairs; Government; Philosophy; US: California
KEYWORDS: aliens; borderpatrol; compean; illegalimmigration; immigrantlist; pardon; ramos; ramosandcompean; rohrabacher; saraacarter
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1 posted on 12/22/2006 4:58:53 AM PST by radar101
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To: radar101

PARDON??? B.S.!!

They should get MEDALS!!!


2 posted on 12/22/2006 5:00:48 AM PST by Vaquero ("An armed society is a polite society" Robert A. Heinlein)
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To: radar101

ok, i have been following this story for a while....based upon what I have read, the jury should not have convicted them....what am I not reading or seeing here?


3 posted on 12/22/2006 5:07:34 AM PST by joe fonebone (Israel, taking out the world's trash since 1948.)
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To: joe fonebone

The only other way out of this is an appeal--which can take up to FIVE years


4 posted on 12/22/2006 5:13:29 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: radar101
requested the President pardon both Compean and fellow agent Ignacio Ramos' conviction for the non fatal shooting of a Mexican citizen smuggling drugs into the United States.

Not going to happen. We are talking about the same President who allows murder charges against Marines doing their jobs.

5 posted on 12/22/2006 5:26:08 AM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: radar101

no, I mean what was the evidence that convicted them...based upon what I have read, there was nothing to convict there...what part of the evidence has not been posted or mentioned? Ya don't convict someone of a crime unless there is evidence of that crime. I would like to know what the jury heard that made them return a guilty verdict.


6 posted on 12/22/2006 5:31:20 AM PST by joe fonebone (Israel, taking out the world's trash since 1948.)
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To: radar101
Shame on Bush if he doesn't pardon these men.

sw

7 posted on 12/22/2006 5:37:26 AM PST by spectre (Spectre's wife)
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To: Vaquero

I agree . Can you imagine taking a law suit to court when you are a smuggler and get shot for smuggling.?

Ridiculous.

Set these men free Mr President.


8 posted on 12/22/2006 5:45:56 AM PST by sgtbono2002 (The fourth estate is a fifth column.)
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To: joe fonebone

The two agents pursued Osbaldo Aldrete-Davila, whose van was later found to contain nearly 800 pounds of marijuana. After Aldrete-Davila left his van and struggled with Compean, both agents shot at him as he fled but thought they had missed him, and he crossed the river back into Mexico. One of Ramos' bullets had hit Aldrete-Davila in the buttocks, it turned out.

A jury convicted Ramos and Compean in March of serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, obstruction of justice, and a civil rights violation. They are scheduled to be sentenced Aug. 22.

Aldrete-Davila, who was given immunity by the U.S. government to testify against the agents, is now suing the Border Patrol for $5 million for alleged civil rights violations.

So the drug smuggler somehow turned out to be the golden boy in this whole thing, with immunity from smuggling charges and a chance at $5 million in U.S. taxpayer money. The two Border Patrol agents are looking at hard time.

We don't presume to question jury convictions. But there are a lot of things not to like about this whole case and the way it developed.

It makes us uncomfortable that a Department of Homeland Security investigator tracked down Aldrete-Davila in Mexico and offered him immunity to testify against the two agents. We understand the need for the department to police the actions of its own employees, but somehow we liked to think that Homeland Security personnel were actually securing the homeland – not out making deals with foreign smugglers.


9 posted on 12/22/2006 5:47:24 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: radar101









10 posted on 12/22/2006 6:03:29 AM PST by Ladycalif (Campo Minutemen)
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To: nonliberal
Not going to happen.

I'll be surprised if it happens. The prosecutor of this case is a close personal friend of Bush . His actions in this case indicates that he is protecting drug dealers and smugglers rather than acting in the interest of this country. This seems to be the direction the whole Bush administration is going. Some of the drug cartel money must be getting through to people in high places.

11 posted on 12/22/2006 6:04:04 AM PST by FreePaul
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To: Ladycalif

THANK YOU for those pictures!!!


12 posted on 12/22/2006 6:04:31 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: radar101


Pictures from the Rally:

http://www.campominutemen.com/photos.aspx

Page 2. "Compean Press"


13 posted on 12/22/2006 6:04:43 AM PST by Ladycalif (Campo Minutemen)
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To: radar101

This is one time Congress should have an investigation into the Justice Department (and AG Alberto Gonzales) to find out why those charges were instigated.


This should be done BEFORE any pardon is requested.

Why did the Justice Department go after these 2 Border Agents?


14 posted on 12/22/2006 6:05:54 AM PST by TomGuy
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To: Bikers4Bush; janetgreen; dennisw; gubamyster; nomad; 1_Inch_Group; 2sheep; SandRat; Blurblogger; ...

ramos and compean ping


15 posted on 12/22/2006 6:06:58 AM PST by Ladycalif (Campo Minutemen)
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To: radar101; joe fonebone

Radar, you left out a very important part of this whole story. The smuggler was granted immunity by the US attorney in order for him to testify against the agents. Before the trial he was arrested a second time smuggling a large amount of drugs into the country. He was granted immunity a second time by the same US attorney. Smells of collusion with the drug dealers, doesn't it?


16 posted on 12/22/2006 6:10:54 AM PST by FreePaul
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To: radar101
Juxtapose the Border Control guys with Sandy Berger and one has to ask, "how did our government get so screwed up" and/or "is there no justice anymore?"
17 posted on 12/22/2006 6:23:38 AM PST by Beckwith (The dhimmicrats and liberal media have chosen sides and they've sided with the Jihadists.)
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To: FreePaul
I didn't know about thev second time. Sounds like a definite Conflict of Interest, doesn't it?

http://www.renewamerica.us/columns/zieve/060713

It is unfortunate that there are U.S. Border Patrol Officers who, through a quirk of law, are U.S. citizens but whose loyalties, culture and mores are of and to a foreign nation. I am referring specifically to Mexico. We currently have Border Patrol Officers who were raised, educated and indoctrinated in Mexico. They regard themselves as Mexican first and their loyalties are to Mexico. They regard their mission as Border Patrol Officers as primarily to assure the safety of their fellow countrymen while they illegally enter the United States. This is why we have a history of Border Patrol Officers working for the Mexican human and drug smuggling cartels. Being raised in Mexico and having friends and family there, they have a support network to use when they get crosswise with U.S. law. Of course, when they get caught, they flee to Mexico where they have family and friends.

US Border Patrol Supervisor David Stoddard. Mr. Stoddard spent 27 years in the Border Patrol

18 posted on 12/22/2006 6:28:23 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: FreePaul
This seems to be the direction the whole Bush administration is going. Some of the drug cartel money must be getting through to people in high places.

Many Americans are coming to that same conclusion. There's something wrong with the picture when an invading drug smuggler goes free and then sues America while two men doing their jobs get sentenced to prison. They should be hailed as heroes instead.

19 posted on 12/22/2006 6:50:10 AM PST by janetgreen
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To: janetgreen; radar101; joe fonebone; spectre; FreePaul; All

Here's what Dobbs said the white house response was.


WIAN: During today's rally, Congressman Rohrabacher's office received a lengthy response from the White House.

Among its claims, the White House says, while the sentence may -- the sentences of the two agents may seem harsh, the agents, in the White House's view, used excessive force. And the White House says they received a fair trial -- Kitty.

http://transcripts.cnn.com/TRANSCRIPTS/0612/21/ldt.01.html


According to some of the jurors, they did not feel the trial was fair.


Sentencing looms for agents, jurors say they were misled

Agents’ lawyer seeks new trial in shooting case

By Louie Gilot / El Paso Times


Three members of the jury that convicted two former El Paso Border Patrol agents of shooting a drug smuggler in the buttocks last year said they were misled into finding them guilty, according to a motion filed late Tuesday, two days before the agents are to be sentenced.

http://hecubus.wordpress.com/2006/10/18/ignacio-ramos-and-jose-compean-illegal-immigration-heroes/


20 posted on 12/22/2006 7:36:32 AM PST by WatchingInAmazement (President DUNCAN HUNTER 2008! http://www.house.gov/hunter/border1.html)
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To: WatchingInAmazement

Former U.S. Border Patrol agent Ignacio Ramos embraced his wife, Monica Ramos, on Tuesday, two days before he is set to be sentenced. Ramos could receive up to 15 years in prison for shooting a drug smuggler who was entering the United States illegally. (Mark Lambie / El Paso Times)

After the injustice perpetrated upon Ignacio Ramos and Jose Compean, who in their right mind would even consider pursuing a career as a United States border agent? Additionally, are there any current border agents familiar with this incredibly tragic story who will not pause to reflect, as they spy illegals entering the U.S. from Mexico, what performing their job might net them–serious jail time? I wouldn’t blame them. I will blame our president.

But this is what George Bush, and all those who agree with him, wants–open borders and free access to cheap labor. Because he is a short-sighted and unintelligent man, he desperately wishes to devalue American schools, shut down our emergency rooms, and generally spread the 3rd world throughout this country–this country that is doomed to die from the inside out as if we’re one giant rotten apple. The old adage states that “Rome wasn’t built in a day.” It also wasn’t destroyed in a day. It died under the overwhelming weight of immigrants it simply wasn’t able to adequately accommodate. It became rotten.

Bush has expressed his desire to grant amnesty to the already 20 million illegal aliens currently residing in the United States. If we’re truly at 20 million (everyone agrees no lower than 12 million), then the number of illegal aliens residing in this country is far more than “all of the Germans, Italians, Irish, and Jews who ever came to American in the 400 years of our history on this continent.“* In the same vein, according to research conducted by Time magazine, “…the number of illegal aliens flooding into the U.S. this year will total 3 million–enough to fill 22,000 Boeing 737-700 aircraft, or 60 flights every day for a year.”

Pushing aside ideas of MEChA and Aztlan, if you’re one who doesn’t believe we are being invaded then you’re a moron. If you’re too worried that you might step out of the boundaries of political correctness and be labeled a “racist” then you’re a coward. Both ways, you’re simply ignorant, and this country will cave in upon itself from the weight of the ever growing illegal population.

This is not an issue of racism unless certain unsavory groups or peoples make it that way. I don’t blame poor Mexicans their desire, their need to break our immigration laws and try to make better lives for themselves in the United States. I blame our impotent administration for failing to secure our borders. While the analogy may not be all that flattering, equating America to the Roman Empire, at least in this respect, is not far off the target. And like all once mighty empires, the United States will fall, but not from wars. We will fall because our government refuses to address the issue that is slowly killing us–illegal immigration.

It all starts at the border. Go ahead, refuse to secure it. Neuter our border agents and send them to jail for doing the right thing, and that will be the beginning of the end. Am I overreacting? Ignacio “Nacho” Ramos and Jose Compean, good hardworking family men and former border patrol agents, will be sentenced this Thursday, October 19th, to no less than 10 years in a maximum security prison for doing their jobs.
This is a travesty. It is a severe injustice. It fills me with shame that my government would allow this to happen. It fills me with a great sadness for these two men and their families who will be without husbands, fathers, and sons for potentially the rest of their lives. This must not be allowed.

Shame on George Bush. Shame on Michael Chertoff. Shame on Alberto Gonzales. Shame on Debra Kanof.

21 posted on 12/22/2006 8:27:39 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: WatchingInAmazement
Thank you very much for the link. I am going to copy what it said about the jurors here.

"Sentencing looms for agents, jurors say they were misled

Agents’ lawyer seeks new trial in shooting case
By Louie Gilot / El Paso Times

Three members of the jury that convicted two former El Paso Border Patrol agents of shooting a drug smuggler in the buttocks last year said they were misled into finding them guilty, according to a motion filed late Tuesday, two days before the agents are to be sentenced.Mary Stillinger, the lawyer for one of the agents, Ignacio Ramos, thought the jurors’ statements should be grounds for setting the verdict aside and ordering a new trial for Ramos and fellow agent Jose Alonso Compean.

The men are scheduled to be sentenced Thursday and face a 10-year mandatory sentence.

It was not known Tuesday night whether U.S. District Judge Kathleen Cardone would consider the motion for a new trial before the sentencing. Officials of the U.S. attorney’s office said they had not reviewed the new motion and could not comment on it.The three jurors, identified in court documents as Robert Gourley, Claudia Torres and Edine Woods, said they voted not guilty almost to the end of two days of deliberations.

“I did not think the defendants were guilty of the assaults and civil rights violations,” Woods wrote in a sworn affidavit.Compean and Ramos were found guilty of assault with serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, a civil-rights charge and obstruction of justice in the Feb. 17, 2005, shooting of Osvaldo Aldrete Davila near Fabens.

Stillinger said she saw some jurors crying after the guilty verdict and later got in touch with them.

Gourley, a Northeast special- education teacher, and Torres said in affidavits that the foreman of the jury told them that Judge Cardone would not accept a hung jury. And Woods said an affidavit that she heard the same statement but could not remember which juror said it.

“Essentially … they conceded their votes, believing that they did not have the option to stick to their guns and prevent a unanimous verdict,” Stillinger wrote in the motion.

Gourley said that he thought the foreman was relating something he heard directly from the judge, and when he found no mention on hung juries in the court’s printed instructions, “I had no reason to doubt the foreman,” he said in the affidavit.

After the trial, Gourley told reporters that he felt pressured by other jurors who wanted to resume their normal lives after more than two weeks of trial. He also said he thought 10 years in prison was a grossly inappropriate punishment for the agents.

“Had we had the option of a hung jury, I truly believe the outcome may have been different,” he said in the affidavit.

Flores said in her affidavit that she believed the foreman because, “he was very experienced in serving on juries. I felt like he knew something about the judge that we did not know. É I did not think that Mr. Ramos or Mr. Compean was guilty of the assaults and civil rights violations.”

The third juror, Woods, wrote in an affidavit, “I don’t remember exactly what it was that made me change my vote to guilty on these charges, but I know I was very influenced by my belief, based on the other juror’s statement, that we could not have a hung jury. I think I might not have changed my vote to guilty if I had known that was an option.”
22 posted on 12/22/2006 8:29:56 AM PST by FR_addict
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To: FR_addict

PLEASE CALL THE WHITE HOUSE OR SEND EMAIL.

comments@whitehouse.gov

The White House line is very busy today.

George Bush has already given out 137 pardons during his Presidency. These men need to be pardoned before Christmas.


23 posted on 12/22/2006 8:32:47 AM PST by FR_addict
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To: radar101
the U.S. Department of Justice Thursday recommended that the agents personally petition for a presidential pardon.

They shouldn't have to petition (beg) for a pardon for a conviction that should never have taken place. Our illustrious leader should grant the pardon and thank the agents on behalf of a grateful nation for protecting our nation's sovereignty with their lives.

24 posted on 12/22/2006 8:34:12 AM PST by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: FR_addict; varon; All

http://www.freerepublic.com/focus/f-news/1757336/posts

Bush pardons 16, commutes sentence in drug case

If these agents had been caught smuggling drugs they might have a chance!


25 posted on 12/22/2006 8:45:57 AM PST by WatchingInAmazement (President DUNCAN HUNTER 2008! http://www.house.gov/hunter/border1.html)
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To: WatchingInAmazement
Thanks for providing this link to the Presidential pardons of drug smugglers. Since they gave immunity to the drug smuggler in this case, it does seem that you are right, a drug smuggler has a better chance of getting a pardon.

I am so disgusted with Homeland Security for going after these men in the first place by promising immunity to the drug smuggler.

I doubt very seriously a drug smuggler would not have a gun. What does Homeland Security think, he will smuggle drugs, but not a gun? Someone needs to explain to Homeland Security how dangerous drug smugglers are.

The drug smuggler's word held more weight than the two agents' word, even though they had to drag him back across the border and give him immunity to testify. Does anyone really think he would say anything differently than what Homeland Security wanted him to say?

Now he is suing the government for $5 million dollars. I wouldn't be surprised anymore if he got it. After all, the government already made him a victim during the Border agents trial.
26 posted on 12/22/2006 9:05:05 AM PST by FR_addict
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To: FR_addict; All

Johnny Sutton, US Attorney responsible for this.

http://www.usdoj.gov/usao/txw/us_attorney/index.html

Mr. Sutton also serves as the chairman of the Attorney General’s Advisory Committee (AGAC) which plays a significant role in determining policies and programs of the Department and in carrying out the national goals set by the President and the Attorney General. The AGAC consists of 17 members appointed by the Attorney General and represents different judicial circuits, various-sized offices, and expertise. Mr. Sutton also serves on the Border and Immigration Law Enforcement Subcommittee of the AGAC.

US Attorney Johnny SuttonPrior to becoming United States Attorney, Mr. Sutton served as an Associate Deputy Attorney General at the U.S. Department of Justice in Washington, D.C., and as a Policy Coordinator for the Bush-Cheney Transition Team assigned to the Department of Justice.

Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush from 1995-2000, advising the Governor on all criminal justice issues,* with specific oversight in the areas of criminal law, prison capacity and management, parole operations and legislative initiatives. Prior to his service in the Governor’s office, Mr. Sutton worked as a criminal trial prosecutor in the Harris County District Attorney’s Office (Houston, Texas) for eight years.
As a prosecutor, he was lead trial counsel in over sixty felony cases, including numerous capital murder, aggravated robbery, and sexual assault cases. He is fluent in Spanish, having appeared as a television commentator for the Spanish language network Univision during the Selena homicide trial.


27 posted on 12/22/2006 9:19:12 AM PST by WatchingInAmazement (President DUNCAN HUNTER 2008! http://www.house.gov/hunter/border1.html)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


28 posted on 12/22/2006 9:34:33 AM PST by gubamyster
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To: WatchingInAmazement

Let's keeped this bumped up today. I emailed the White House and sent information to some of the News Shows. I tried calling the White House but couldn't get through.

comments@whitehouse.gov

vice_president@whitehouse.gov

Comments: 202-456-1111
Switchboard: 202-456-1414
FAX: 202-456-2461

I don't want to see these men forgotten.


29 posted on 12/22/2006 9:35:11 AM PST by FR_addict
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To: FR_addict

I didn't know until this morning that there is a grassfire petition being delivered to the White House. I'll try and find it.


30 posted on 12/22/2006 9:36:57 AM PST by getmeouttaPalmBeachCounty_FL ( **Hunter-Tancredo-Weldon-Hayworth 4 President**)
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To: All

http://www.grassfire.org/142/petition.asp?PID=12020368&NID=1


31 posted on 12/22/2006 9:37:53 AM PST by getmeouttaPalmBeachCounty_FL ( **Hunter-Tancredo-Weldon-Hayworth 4 President**)
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To: FR_addict
I don't want to see these men forgotten.

Good for you!

These agents don't have a chance in prison. 25 to 33% incarcerated are illegal aliens, many in gangs.

32 posted on 12/22/2006 9:42:13 AM PST by WatchingInAmazement (President DUNCAN HUNTER 2008! http://www.house.gov/hunter/border1.html)
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To: WatchingInAmazement

Great. I never even thought of that aspect.


33 posted on 12/22/2006 9:44:07 AM PST by getmeouttaPalmBeachCounty_FL ( **Hunter-Tancredo-Weldon-Hayworth 4 President**)
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To: radar101

Here's another take on this story.

http://www.usdoj.gov/usao/txw/press_releases/2006/compeanramosfinal.pdf


34 posted on 12/22/2006 9:50:59 AM PST by e_castillo
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To: FreePaul
"Radar, you left out a very important part of this whole story. The smuggler was granted immunity by the US attorney in order for him to testify against the agents. Before the trial he was arrested a second time smuggling a large amount of drugs into the country. He was granted immunity a second time by the same US attorney. Smells of collusion with the drug dealers, doesn't it?"

Just Dam*, How about an Ambassador marrying a Citizen of the country in which he is ambassador.

And not replaced as this looks like a conflict of interest!
35 posted on 12/22/2006 9:58:08 AM PST by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: getmeouttaPalmBeachCounty_FL

Thanks!

Anyone here who has a ping list of activists on other threads might think about getting them to start calling today and sending them a link to this thread.

I think we need to call the talk shows on television and the radio, especially today.

These men deserve a Christmas pardon!


36 posted on 12/22/2006 10:03:11 AM PST by FR_addict
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To: joe fonebone

I too think there is more to this story, but I can't find anything on it except the rah-rah stuff. Truth or Fiction mentions it a little in the link below.



http://www.truthorfiction.com/rumors/b/border-agents.htm


37 posted on 12/22/2006 10:04:31 AM PST by ansel12 (America, love it ,or at least give up your home citizenship before accepting ours too.)
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To: ansel12

Thank you. This is what I was looking for. It would appear that these two deserve to be in jail.


38 posted on 12/22/2006 10:08:33 AM PST by joe fonebone (Israel, taking out the world's trash since 1948.)
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To: joe fonebone; All
Thank you. This is what I was looking for. It would appear that these two deserve to be in jail.

Please share with us what you think is so condemning. Then see post #22. Jurors disagree.

Here is an interview on video of Compean. http://hecubus.wordpress.com/2006/10/19/interview-with-border-agent-jose-compean-on-cnn/

39 posted on 12/22/2006 10:15:46 AM PST by WatchingInAmazement (President DUNCAN HUNTER 2008! http://www.house.gov/hunter/border1.html)
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To: joe fonebone; e_castillo

It turns out we don't know the half of it. Look at this link that e_castillo posted, if we had known the truth about this case, this thread would not even had been posted. Someone needs to post the text from this PDF.


http://www.usdoj.gov/usao/txw/press_releases/2006/compeanramosfinal.pdf


40 posted on 12/22/2006 10:19:13 AM PST by ansel12 (America, love it ,or at least give up your home citizenship before accepting ours too.)
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To: WatchingInAmazement

3 jurors out of 12.......hardly an overwhelming majority of jurors....if the facts were that plain, then the 3 jurors would have stood their ground ( i have been on a jury, and if i am convinced of guilt or innocence, nothing would have moved me to change my vote ) so either the 3 people have no spines, or they have no convictions. either way, i do not believe them.


41 posted on 12/22/2006 10:20:12 AM PST by joe fonebone (Israel, taking out the world's trash since 1948.)
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To: joe fonebone

Prosecutors with a win at ALL costs mentality.

Political pressure by illegal alien support groups.

Jury pool of the unemployed and nothingbettertodotoday.

Jurros selected to be as dumb as possible out of that pool.

Judges who don't want to take any heat at all.


42 posted on 12/22/2006 10:34:57 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: joe fonebone
You only need one not guilty vote to return a not guilty verdict. If after the trial, 3 out of 12 jurors felt that they were coerced into a guilty vote and wished they had stood their ground, this is quite remarkable.

As you say, you would not have had a second thought about your vote of guilty or innocent. The fact that three of the twelve are coming forward because they feel like they made a mistake, indicates strong cohersion during the verdict phase. The rest of the jurors may be afraid to come forward if they have ties to the Hispanic community in the area.

The illegals are being treated as victims and not illegals that should be sent home. These men were tried to make the illegals the victims and the border agents, the bullies. This helps the amnesty push for illegals.
43 posted on 12/22/2006 10:42:40 AM PST by FR_addict
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To: ansel12
FOR IMMEDIATE RELEASE
Shana Jones, Special Assistant Daryl Fields, Public Affairs Officer
September 8, 2006 (210) 384-7452

RESPONSE OF THE GOVERNMENT TO REPORTING INACCURACIES REGARDING THE COMPEAN AND RAMOS PROSECUTION

In response to misstatements and misinformation being reported in the media regarding the prosecution of Ignacio Ramos and Jose Alonso Compean, relating to a shooting that occurred while they were on duty as U.S. Border Patrol agents on February 17, 2005, the United States Attorney’s Office for the Western District of Texas releases this advisory summarizing the evidence presented at defendants’ trial.

As will be demonstrated by the summary below, the defendants were prosecuted because they had fired their weapons at a man who had attempted to surrender by holding his open hands in the air, at which time Agent Compean attempted to hit the man with the butt of Compean’s shotgun, causing the man to run in fear of what the agents would do to him next. Although both agents saw that the man was not armed, the agents fired at least 15 rounds at him while he was running away from them, hitting him once.

On February 17, 2005, Border Patrol Agents Ignacio Ramos and Jose Alonso Compean were on duty along the U.S./Mexico border, working out of the Fabens Border Patrol Station. At approximately one o’clock in the afternoon, Agent Compean observed a van near the border about two and a half miles west of Fabens. According to the testimony, the driver of the van, Osvaldo Aldrete-Davila, failed to yield to Agent Ramos’ attempt to stop him, jumped out of his vehicle and attempted to run back to Mexico. After Ramos told Aldrete-Davila to stop, Ramos drew his service revolver and pointed it at Aldrete-Davila. Aldrete-Davila jumped into a steep ditch filled with dirty water and when he tried to climb the steep incline out of the ditch, he was confronted by defendant Compean, waiting for him with a shotgun pointed directly at him. During his testimony, Compean acknowledged that at that time Aldrete-Davila held his hands up, as if to surrender, with his palms open, and no weapon was in either hand, or evident on his person. Another agent, who had arrived by this time and observed the scene, heard someone yell “hit him.” Aldrete-Davila, who was at one time a legal resident alien of the United States and speaks some English, also heard someone yell “hit him, hit him,” and specifically heard Compean yell: “Parate, parate, Mexicano de mierda.” (“Stop, stop you Mexican shit.”) According to testimony, Compean swung his shotgun around in an attempt to hit Aldrete-Davila with the butt of his weapon, but lost his footing and fell face down into the dirt and brush. Aldrete-Davila began to run to the river. Agent Ramos also testified that when he saw Aldrete-Davila in the ditch, he had an opportunity to look at Aldrete-Davila’s hands, which he is trained to do for self defense and defense of another, and did not see any weapons in either of Aldrete-Davila’s hands. When Aldrete-Davila almost reached the river, but while he was still out in the open vega area, he heard numerous gun shots. Compean fired at Aldrete-Davila at least fourteen times and Ramos fired at Aldrete-Davila once. Aldrete-Davila felt a sting in his left buttock and fell to the ground. When he reached for the location of the pain, his hand came away bloody. Fearing the shooters were about to reach his location and kill him, he turned his head and saw the two defendants holster their weapons, turn away from him and walk back north. He got up, limped to the river and returned to Mexico where he sought medical attention and learned that the bullet had caused serious injury. The bullet remained lodged in his body, causing him pain and impeding his ability to walk, until extracted by a military physician in the United States. The bullet was removed in the United States because it was an important piece of evidence and because the law requires the government to render such assistance to victims. On March 16, 2006, the bullet extracted from Aldrete-Davila’s body was matched to the service weapon carried by defendant Ramos, evidencing that Ramos fired the shot that struck Aldrete-Davila.

At the time of the shooting, neither agent Compean nor agent Ramos knew that the van driven by AldreteDavila contained 743 pounds of marijuana. The evidence was un-controverted that, at the time the victim was shot, neither agent knew whether the driver was illegally in the United States or whether a crime had been committed. The only information they had was that the driver had failed to pull over to be identified.

According to the testimony of seven other Border Patrol agents who arrived at the scene of the incident after the shooting, neither Compean nor Ramos mentioned that the driver who absconded had a gun, or that any agent’s life was in danger. Defendant Compean repeatedly denied that he had been injured by the driver and refused the supervisor’s offer to file a Report of Assault on his behalf.

At the scene, Ramos told a supervisor that as the suspect fled from the vehicle, agent Compean was on the levee attempting to apprehend him. Defendant Ramos said that as the suspect tried to flee Compean either tried to grab the suspect, or did a “side to side” movement, but fell to the ground and got dirt in his eyes. Ramos did not mention the shooting, and said nothing about the suspect having a weapon. At the scene, when asked why he was so excited, Ramos told another agent that it was just the adrenalin that had him all pumped up.

An agent who encountered defendant Compean a short time later, away from the scene of the incident, testified that Compean told him, “That little bitch took me to the ground and threw dirt in my face.” Compean did not indicate that he felt threatened, that his life was in danger, or that the driver had a weapon at any time. Compean did show the agent nine shell casings that he had collected at the scene and indicated he was “probably missing five more casings.” Compean told the agent he had “fired some rounds...did a magazine exchange and fired some more rounds,” and asked the agent to look for the additional casings. The agent proceeded to the scene of the shooting, located the additional five casings, threw them into the drainage ditch and called defendant Compean, using his cellular telephone, to tell him he had found five rounds and threw them away. The removal of the shell casings from the scene made it impossible to do a complete investigation of the shooting.

According to written Border Patrol policy, an agent who discharges his firearm at anytime, including off duty or by accident, must report the discharge to a supervisor within one hour. Both defendants Compean and Ramos had attended firearms refresher training which includes a review of this policy the day before the incident. Border Patrol policy also requires that the scene of a shooting be preserved so that the Sector Evidence Team may examine the evidence and file a written report detailing their findings so that a determination can be made of whether the discharge was justified. Evidence presented at trial indicated that, in the entire time of the defendants’ employment as Border Patrol agents, every reported shooting had been ruled justified and no agent was disciplined as a result of a shooting. Defendant Ramos is a trained member of the Sector Evidence Team and a firearms instructor who teaches the discharge policy.

Testimony elicited at trial clearly established that, until an investigation began at the Washington, D.C. headquarters of the Department of Homeland Security-Office of the Inspector General on March 4, 2005, no written report had been filed, no oral report had been made, and no person in any official capacity was cognizant of the fact that a shooting had occurred or a firearm had been discharged by any Border Patrol Agent in the direction of an individual fleeing into Mexico after having failed to stop for immigration status identification on February 17, 2005. The only report of any law enforcement activity on file for the Fabens Border Patrol Station on that date was an Immigration and Naturalization form I-44, Report of Apprehension or Seizure, authored by both defendants and signed by Jose Alonso Compean. The very brief report stated that after the driver of the van failed to pull over for an immigration check: “The driver of the van began driving back south towards Mexico. The driver was able to abscond into Mexico.” The report, admitted into evidence, then indicated that immediately after the driver absconded, defendant Ramos spotted the bags of marijuana in the van. No written report exists that indicates that defendant Compean was assaulted by the driver, tussled with the driver, was threatened by the driver’s actions or thought the driver had a gun. Both supervisors who arrived at the scene, after the incident was over, repeatedly asked defendant Compean if he was assaulted or injured and if he wished for them to file a Report of Assault-Service Employees, which is routinely completed if an agent reports being assaulted by a suspect. Compean did not wish such a report to be filed.

This office did not prosecute the defendants because they had violated Border Patrol policies. They were prosecuted because they had fired their weapons at a man who had attempted to surrender, but, while his open hands were held in the air, Agent Compean attempted to hit the man with the butt of his shotgun. In fear of what the agents would do to him next, the man ran away from the agents, who then fired at least 15 rounds at him, although they had seen his open hands and knew that he was not holding a weapon and had no reason to think that he had a weapon, hitting him once causing serious bodily injury. The references to policies are made only to demonstrate that had the defendants believed that the shooting was justified, there was no reason for them to conceal it from supervisors and remove evidence from the scene. The laws of the United States make it a crime for law enforcement officers to use excessive force in apprehending suspects. It is a violation of any person’s Constitutional rights to shoot at them after they have attempted to surrender, knowing that they are unarmed and pose no danger to the officers or anyone else.

At the initiation of their investigation, the DHS-Office of Inspector General contacted Aldrete-Davila who was at the time in Mexico. Aldrete-Davila was at first reluctant to cooperate with the investigation because he feared that should he return to the United States, he could be prosecuted for the offenses committed in relation to the load of marijuana he was driving on February 17, 2005. In order to secure his cooperation and appearance at trial in the United States, this office agreed that in return for his truthful testimony he would not be prosecuted for the February 17, 2005, offenses. The agreement does not immunize any other conduct.

Based on all of the evidence admitted during the two-week trial, including the lengthy testimony of both of the defendants, the jury of twelve citizens heard all of the testimony, judged the demeanor and credibility of the witnesses and unanimously found both defendants guilty beyond a reasonable doubt of eleven of the twelve counts alleged in the indictment, including assault with a dangerous weapon, assault with serious bodily injury, discharge of a firearm during the commission of a crime of violence and wilfully violating Aldrete-Davila’s Constitutional, Fourth Amendment right to be free from illegal seizure, as well as obstructing justice by intentionally defacing the crime scene, lying about the incident, and failing to report the truth. Sentencing for both defendants is scheduled for October 19, 2006.


44 posted on 12/22/2006 10:49:50 AM PST by deport
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To: deport

Thanks, that sure explains everything.


45 posted on 12/22/2006 10:56:36 AM PST by ansel12 (America, love it ,or at least give up your home citizenship before accepting ours too.)
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To: deport

A lot of this report is the word of the drug smuggler. I want to know why the Homeland Security got involved in this case in the first place. Who brought it to their attention?

It sounds like the agent who threw away the 5 shell casings was not one of the two accused. Nor does it say that the two agents told him to throw them away. It sounds like the agent did this on his own. This agent is not named.

If the story is not true, fine, but I sure would like to know why it took the government this long to reply to the public.

Also I previously heard that the Drug Smuggler's aunt said he always carried a gun. It's still hard for me to believe that a drug smuggler did not have a gun.

I also heard that a lot of what is being said presently was not in the court hearings. I respect the representatives who have taken up this case on the border agents behalf. I would think they had ample opportunity to look into this case and they sided with the border patrol agents.


46 posted on 12/22/2006 11:49:18 AM PST by FR_addict
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To: ansel12
Thanks, that sure explains everything.

It doesn't explain anything to me. I can't understand how someone could shoot a shotgun at someone 14 times and miss? Explain please!

47 posted on 12/22/2006 12:22:09 PM PST by texastoo ("trash the treaties")
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To: deport

I'm wondering why seven other agents came to the scene. I would think that the two agents called for backup. If they had planned on shooting an unarmed man, it doesn't seem like they would have called other agents to come to the scene.

There doesn't sound like there is any proof that so many shots were fired, except for the agent's word who by his own account went back and destroyed evidence. Was this Agent given immunity?

I still want to know how Homeland Security got involved. The man went back to Mexico, so I doubt that he is the one who involved Homeland Security.

If these two agents were out of control, then I wouldn't have any sympathy for them, but from what has been said they both had clean records. If the government has to rely on the testimony of a drug smuggler to whom they gave immunity, they didn't have a very good case. This same drug smuggler has been caught smuggling drugs after this case.

From what I understand the agents admitted firing a shot at this guy. They may have been afraid to write it up without proof that the guy had a gun. They claimed to have seen a gun.


48 posted on 12/22/2006 12:23:57 PM PST by FR_addict
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To: FR_addict

It looks like the Mexican drug lords are taking over this side of the border. Payola or mordidas to the feds.

According to the Lou Dobbs show yesterday, Bush believes the BP agents got a fair trial.

You, FRaddict, are asking to many sensible questions. You know they don't even have blood evidence of the shots hitting the smuggler. This doesn't even pass the CSI smell test. Surely there was a trail of blood from his running but none was ever reported.

This is a set up by the government. We have seen this many times before.


49 posted on 12/22/2006 12:32:55 PM PST by texastoo ("trash the treaties")
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To: texastoo

Here is the border agents story:

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53448

INVASION USA
Border agents plead for 'Christmas pardon'
Congressman hosts rally asking Bush to stop 'miscarriage of justice'



Posted: December 20, 2006
1:00 a.m. Eastern

By Art Moore
© 2006 WorldNetDaily.com



Former U.S. Border Patrol agent Ignacio Ramos embraced his wife, Monica Ramos, two days before he was sentenced to 11 years in prison (Courtesy El Paso Times)
A Border Patrol agent sentenced to prison along with his partner for shooting and wounding a man smuggling drugs into the U.S. will appear with a congressman tomorrow at a rally asking President Bush to offer a pardon.

Jose Alonso Compean and Ignacio Ramos, were sentenced to 12 years and 11 years, respectively, in October by U.S. District Court Judge Kathleen Cardone in El Paso, Texas. The drug smuggler was granted immunity for his testimony.

Compean will be joined by family; Rep. Dana Rohrabacher, R, Calif.; Minuteman Project founder Jim Gilchrist; and members of other border-security groups such as Friends of the Border Patrol at the courthouse in Santa Ana, Calif., at 1:30 p.m. Pacific time tomorrow.

Rohrabacher, noting the president already has received a letter about the case from more than 50 Congress members, is asking Americans to sign petitions and send e-mails and letters to the White House requesting a "Christmas pardon."

Grassfire.org has an online petition calling on Bush to pardon the agents, with more than 130,000 signatures.

"This is the greatest miscarriage of justice that I've seen in my career," Rohrabacher told WND. "Two brave Border Patrol agents trying to enforce the president's nonsensical border policy ending up being sent to prison, while an illegal alien drug smuggler is given immunity and walks free."

Compean's sister, of Huntington Beach, lives in Rohrabacher's Southern California district.

The White House has not responded to the letter, according to Rohrabacher, and did not follow up a request from WND for comment. Press secretary Tony Snow has said he cannot comment on presidential pardons.

Gilchrist said what has happened to the two agents is "atrocious," with "their lifes being ruined, their families being put in turmoil."

"We would expect the president to give a full and unconditional pardon to these two wrongly arrested, wrongly accused, wrongly convicted members of law enforcement," he told WND, "and retroactive pay and benefits they've lost over the past two years since they were originally arrested."

As WND has reported, a federal jury convicted Compean, 28, and Ramos, 37, in March after a two-week trial on charges of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence and a civil rights violation.

Agent Jose Alonso Compean. Courtesy of KFOX-TV

Ramos is an eight-year veteran of the U.S. Naval Reserve and a former nominee for Border Patrol Agent of the Year.

On Feb. 17, 2005, Ramos responded to a request for back-up from Compean, who noticed a suspicious van near the levee road along the Rio Grande River near the Texas town of Fabens, about 40 miles east of El Paso. A third agent also joined the pursuit.

Fleeing was an illegal alien, Osbaldo Aldrete-Davila of Mexico. Unknown to the growing number of Border Patrol agents converging on Fabens, Aldrete-Davila's van was carrying 800 pounds of marijuana.

Aldrete-Davila stopped the van on a levee, jumped out and started running toward the river. When he reached the other side of the levee, he was met by Compean who had anticipated the smuggler's attempt to get back to Mexico.

"We both yelled out for him to stop, but he wouldn't stop, and he just kept running," Ramos told California's Inland Valley Daily Bulletin.

"At some point during the time where I'm crossing the canal, I hear shots being fired," Ramos said. "Later, I see Compean on the ground, but I keep running after the smuggler."

At that point, Ramos said, Aldrete-Davila turned toward him, pointing what looked like a gun.

"I shot," Ramos said. "But I didn't think he was hit, because he kept running into the brush and then disappeared into it. Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all."

The U.S. government filed charges against Ramos and Compean after giving full immunity to Aldrete-Davila and paying for his medical treatment at an El Paso hospital.

The U.S. Attorney's Office for the Western District of Texas issued a statement in September arguing "the defendants were prosecuted because they had fired their weapons at a man who had attempted to surrender by holding his open hands in the air, at which time Agent Compean attempted to hit the man with the butt of Compean's shotgun, causing the man to run in fear of what the agents would do to him next."

The statement said, "Although both agents saw that the man was not armed, the agents fired at least 15 rounds at him while he was running away from them, hitting him once."

Andy Ramirez of Friends of the Border Patrol said the drug smuggler has "fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."

The letter to Bush included the signatures of Rep. Walter Jones, R-N.C., Rep. Pete Sessions, R-Texas, Rep. Ted Poe, R-Texas, Rep. Dana Rohrabacher, R-Calif., Rep. Dan Burton, R-Ind., Rep. Ginny Brown-Waite, R-Fla., Rep. Gary Miller, R-Calif., Rep. Sue Myrick, R-N.C., Rep. Ed Royce, R-Calif., Rep. Steve King, R-Iowa, Rep. Virgil Goode, R-Va. and Rep. Tom Tancredo, R-Colo., the chairman of the House Immigration Reform Caucus.

"We ask that a full investigation of this case be ordered immediately," the letter said. "We are confident that during such an investigation you will find that these Border Patrol agents were acting within the scope of their duty and were unjustly prosecuted. Also, we ask that you use your power of presidential pardon, as granted by the United States Constitution in Article II, Section 2, to pardon these two Border Patrol agents. We understand these requests usually are for those that have already completed their sentences; however, we feel in this case it would be a miscarriage of justice to send these two Border Patrol agents to prison for protecting our nation's borders from an illegal drug smuggler."


50 posted on 12/22/2006 12:49:08 PM PST by FR_addict
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