Congressional Pardon for 2 Border Patrol Agents Proposed

Rep. Ed Royce via "The John and Ken Show" (KFI radio, Los Angeles) | truthkeeper

[truthkeeper]

Congressman Ed Royce (R-CA) was just on with John and Ken and said that he has co-sponsored, with Duncan Hunter, a bill that would provide for a congressional pardon of Border Patrol Agents Compean and Ramos. He said they have "been working our side of the aisle today" and already have 67 Republicans signed on. He said tomorrow they will start working on the Democrats. Regardless, he said the bill "went into the hopper tonight."

Congressman Royce admitted that if this pardon flies it would be "ground-breaking," but states that they are drawing their precedent from 1986; in effect, "Congress granted a pardon to 12 million illegal aliens, so why can't we pardon these two Border Patrol Agents?"

[TXBubba]

This was all over our local radio show in Austin today. It is appalling that they are in prison and the illegal criminal goes free.

[ElkGroveDan]

Nice one. But will it face a Presidential veto?

[pissant]

Cool

[Gay State Conservative]

Does Congress really have the power to pardon? How does it work? Like any other Bill?

[pissant]

Can you refrain from disparaging the CIC?

[truthkeeper]

Rep. Royce did say that this "would probably force some action from the WH" (or words to that effect).
BTW, he is my former wonderful congressman before my district got stuck with Loretta Sanchez's equally horrible sister, Linda. Ugh

[truthkeeper]

Does Congress really have the power to pardon?

And that, my FRiend, is "the" question...

[Luigi Vasellini]

When it comes to our open borders he should be ridiculed!!

[Man50D]

Does anybody know the bill number?

[pointsal]

Will Nasty Nancy kill this bill?

[truthkeeper]

I don't believe I heard him give one. If it helps, the principal sponsor is Duncan Hunter and the co-sponsor Ed Royce.

[Parley Baer]

Not many if any dimocRATS will sign on to this.

[truthkeeper]

This paragraph from the other thread just put up caught my eye:

"Rep. Duncan Hunter, a California Republican, introduced a bill Thursday calling for a congressional pardon of the agents. Congress has never issued pardons to anyone convicted of a crime, said Joe Kasper, Hunter's spokesman. But Kasper said Hunter believes there is enough ambiguity in the law on pardons to give it a try."

[ErieGeno]

Nice one. But will it face a Presidential veto?

If he did his approval would sink to less than 10%.

[sneakers]

Ping

Do you have the Duncan Hunter ping list bushfamfan?

[proxy_user]

Hmmmm....a bit like a Bill of Attainder in reverse, no?

[truth_seeker]

"It is appalling that they are in prison and the illegal criminal goes free."

Were they convicted by a jury?

[jmc813]

Do you have the Duncan Hunter ping list bushfamfan?

Antoninus runs the FR Hunter ping list.

[kenth]

It would be a bill of attainder, would it not?

Besides, do we really need more congressional overstepping? While people may not be happy with no pardon as yet, that power was relegated to the President, or governors as the case may be, for a reason.

[truthkeeper]

It would be the reverse, wouldn't it? Cccording to Wikipedia...

"A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. The United States Constitution forbids both the federal and state governments from enacting bills of attainder, in Article 1, Sections 9 and 10, respectively."

[TXBubba]

I think so. And they were prosecuted by the US Justice System. They weren't convicted of covering anything up but of "assault with a deadly weapon". Guess it means we can disarm our agents now because they might shoot other drug runners in the butt.

[WatchingInAmazement]

January 18, 2007
Hunter Introduces Legislation to Pardon Convicted Border Patrol Agents

Washington, D.C. – Today, Congressman Duncan Hunter (R-CA) introduced the Congressional Pardon for Border Patrol Agents Ramos and Compean Act. The legislation pardons convicted Border Patrol Agents Ignacio Ramos and Jose Compean, who reported to prison yesterday to begin serving 11 and 12 year sentences respectively. The conviction derived from an incident involving their efforts to apprehend a drug smuggler on the international border with Mexico.

"The Border Patrol is America’s first line of defense against the constant and unrelenting efforts of drug and human smugglers to illegally enter the United States," said Congressman Hunter. "Agents Compean and Ramos fulfilled their responsibilities as Border Patrol agents and rightfully pursued a suspected and fleeing drug smuggler. It is irresponsible to punish them with jail time.

"The security situation on our Southern land border requires a strong law enforcement presence. This conviction demoralizes our nation’s Border Patrol and sends a clear message that we are not serious about protecting our borders and enforcing our immigration laws.

"We cannot turn our back on Agents Compean and Ramos or the rest of the men and women proudly serving in the U.S. Border Patrol. These two agents deserve our full support and the Congressional pardon provided by this legislation."

In addition to introducing the Congressional Pardon for Border Patrol Agents Ramos and Compean Act, Congressman Hunter contacted the Federal Bureau of Prisons and personally requested that Agents Compean and Ramos be segregated from the general prison population in order to ensure their safety.

http://www.house.gov/apps/list/press/ca52_hunter/agents_pardon.shtml

[Man50D]

I don't believe I heard him give one. If it helps, the principal sponsor is Duncan Hunter and the co-sponsor Ed Royce.

I did a search by Sponsor at http://thomas.loc.gov/ on Duncan Hunter and the only bill under his sponsorship is H.R.499. I was surprised to learn the bill is

For the relief of Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour.

The text is as follows:

110th CONGRESS

1st Session

H. R. 499
For the relief of Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour.

IN THE HOUSE OF REPRESENTATIVES

January 16, 2007 Mr. HUNTER introduced the following bill; which was referred to the Committee on the Judiciary

A BILL For the relief of Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PERMANENT RESIDENT STATUS FOR FOUAD YOUSEF HAKIM MANSOUR AND SAHEIR GAMIL SHAKER MANSOUR.

(a) In General- Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.

(b) Adjustment of Status- If Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.

(c) Deadline for Application and Payment of Fees- Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.

(d) Reduction of Immigrant Visa Number- Upon the granting of an immigrant visa or permanent residence to Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 202(e) of such Act.

(e) Denial of Preferential Immigration Treatment for Certain Relatives- The natural parents, brothers, and sisters of Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.

Does anybody know the background of this bill?

[bert]

The Congress has no authority in the matter. It passeed a law that was apparently broken and the guys were tried and found guilty in a court. Two branches functioned as they should.

The proper course is appeal. That absent a presidential pardon is the only remedy.

[stainlessbanner]

ping

[sneakers]

OOPS! Thank you jmc813.

Sorry Antoninus!

(ping!)

[Misterioso]

Like you refrained from criticizing the CIC of the previous administration? You should refrain from criticizing FReepers.

[pissant]

This is a conservative site, made up of primarily folks who love and respect this president. If you want to treat President Bush like we treated President Clinton, there are websites dedicated to that cause. This ain't one of them.

[tomcorn]

I've read the Constitution pretty closely and I don't think there is any " Congressional pardon power". Perhaps that's why it has never happened in 216 years.

[Star Traveler]

You said -- "It would be the reverse, wouldn't it?"

Ummm..., yes, I think you're right. A bill of "un-attainder"...

Regards,
Star Traveler

[tomcorn]

Nah, Bert...Screw the Constitution, separation of powers doctrine and 216 years of history. Lets just wing it and create a congressional power out of thin air....< sarc>

Thanks for your post...

[WatchingInAmazement]

I did a search by Sponsor at http://thomas.loc.gov/ on Duncan Hunter and the only bill under his sponsorship is H.R.499.

I'm coming up empty on finding what this was about. Maybe government translators? I did see the bill didn't become "law", died at the end of the session. Ping me if you find more, please.

[jmc813]

This is a conservative site, made up of primarily folks who love and respect this president.

99.9% of freepers have never met the President. "Loving" someone you've never met is creepy. It is also tough to "respect" someone who pardons meth dealers but has no qualms about letting these two men rot in jail 1000 miles away from their families. If you're that enamored with Bush, I suggest you stay away from these threads. People are PISSED at Bush and his lapdog Tony Snow over this nonsense.

[Man50D]

I'm coming up empty on finding what this was about. Maybe government translators? I did see the bill didn't become "law", died at the end of the session. Ping me if you find more, please.

It was introduced in this(110th)session on January 16, 2007. According to the website it has been referred to the Committee On The Judiciary.

[COEXERJ145]

Nice one. But will it face a Presidential veto?

If he did his approval would sink to less than 10%.

Most Americans don't give a rats a*s one way or the other about these border patrol agents.

And if these guys had shot a Canadian instead of a Mexican, no one here would give a rats a*s either.

[pissant]

And I'm pissed that there are those here that can't get it through their heads that it is not the President's job to be on the cutting edge of pardons for convicted Border patrol and other officers. He already indicated he was open to it, but would surely want the facts and the process to be followed for pardons.

the blame bush for everything crowd is getting pretty tiresome.

[WatchingInAmazement]

Okay.

I just searched the names and found another one from 2005. I can't find any "explanation", but I'd like one.


Title: For the relief of Fouad Yousef Hakim Mansour and Saheir Gamil Shaker Mansour.
Sponsor: Rep Hunter, Duncan [CA-52] (introduced 10/7/2005) Cosponsors (None) Private bill
Latest Major Action: 10/24/2005 Referred to House subcommittee. Status: Referred to the Subcommittee on Immigration, Border Security, and Claims.

[Man50D]

Cosponsors (None) Private bill

What the heck is a private bill?

[WatchingInAmazement]

And if these guys had shot a Canadian instead of a Mexican, no one here would give a rats a*s either.

The 2 border agents in prison tonight are Mexican Americans. You must be a racist.

[Man50D]

I just noticed the 2005 version was referred to Referred to the Subcommittee on Immigration but the 2007 version has been referred to the Committee On The Judiciary. Rhetorical question: Why is it referred to a different committee?

[Ladycalif]

http://www.freerepublic.com/focus/f-news/1769872/posts

[jmc813]

He already indicated he was open to it, but would surely want the facts and the process to be followed for pardons.

Did you happen to read the transcript where Tony Snow addresses this? Nobody in that administration was "open to it".

[pissant]

No, but I saw him misquoted. I'm more interested in what the President said:

WASHINGTON: President George W. Bush left open the possibility of a pardon for two U.S. Border Patrol agents serving federal prison sentences for shooting a Mexican drug dealer as he fled and covering up the crime.

Bush said "there's a process for pardons" and the case has to work its way through the system. In an interview with KFOX-TV in El Paso, Texas, Bush said the White House will review the case, and he urged people to "take a sober look at the case."

"People need to take a tough look at the facts, the evidence a jury looked at, as well as the judge. And I will do the same thing," he said.

[jmc813]

I just noticed that thread. Somewhat encouraging. We might be seeing a repeat of the whole Harriet Miers debacle. Keep the e-mails, faxes and letters coming.

[WildBill2275]

While I would rather see the two former Border Patrol agents pardoned, Congress would have to amend the constitution.

Article II. - The Executive Branch
Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments
(paragraph 1)
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

Can we the people require our representatives to read the Constitution of the United States?
If we can, we should. This way they would not make themselves, and us, laughing stocks.

[gubamyster]

ping

[TheLion]

Bttt!

[philetus]

They better hurry up while Compean and Ramos are still breathing.