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Pardon Ramos and Compean
Washington Times ^ | May 15, 2008

Posted on 05/16/2008 9:51:33 AM PDT by kingattax

If President Bush would simply pardon the unjustly imprisoned former Border Patrol Agents Ignacio Ramos and Jose Compean, we could all rest much easier knowing that in the United States, a foreign drug smuggler's word does not prevail over the word of federal agents in the line of duty.

This week, the Kentucky-based group, Christians Reviving America's Values, filed an ethics complaint with the Texas Bar Association to investigate U.S. Attorney Johnny Sutton, whom the group argues willfully misled a jury to convict the agents. Here is a refresher on the case for those who need it: Messrs. Ramos and Compean are serving 11- and 12-year federal prison sentences, respectively, for shooting in the buttocks an admitted drug smuggler who abandoned 743 pounds of marijuana. As the men tell it, they shot Mexican national Osvaldo Aldrete-Davila southeast of El Paso three years ago after the suspect refused the agents' orders to stop. Wounded, Mr. Aldrete-Davila fled to Mexico, leaving behind the van containing the massive drug load.

Here's the awful turn: Federal authorities subsequently located Mr. Aldrete-Davila in Mexico to offer immunity in exchange for his testimony against the border agents. He then filed a $5 million suit against the federal government for violating his civil rights.

On this man's testimony, the border agents were convicted by a federal jury on charges that included: assault with a dangerous weapon, lying about the incident and violating the alleged smuggler's Fourth Amendment right to be protected against illegal search and seizure.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Editorial; News/Current Events; US: Texas
KEYWORDS: borderagents; borderpatrol; bush; compean; johnnysutton; pardon; ramos; ramosandcompean; ramoscompean
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unjustly imprisoned ? that's putting it mildly.
1 posted on 05/16/2008 9:51:33 AM PDT by kingattax
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To: kingattax

This is pure madness that has gone on for way too long. Bush got paid off and or is getting something out of this to not have these men out of prison.


2 posted on 05/16/2008 9:53:11 AM PDT by My Favorite Headache (Democrats worry about winning peace prizes , Republicans worry about winning wars)
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To: kingattax

Now why did you have to go and post this and ruin a good morning. Thanks, k.

:-)


3 posted on 05/16/2008 9:53:37 AM PDT by writer33 (The U.S. Constitution defines a conservative and Rush Limbaugh knows it.)
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To: kingattax

Sometimes ... I feel like I’m living in Cuba or something. This is soooo unjust.


4 posted on 05/16/2008 9:54:05 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: kingattax

Pardoned, yes, but I won’t be happy until Sutton is impeached and disbarred. He’s a disgrace.


5 posted on 05/16/2008 9:54:24 AM PDT by marron
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To: writer33

:)


6 posted on 05/16/2008 9:54:40 AM PDT by kingattax (99 % of liberals give the rest a bad name)
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To: kingattax
The one thing I can't understand is why these two BP agents were treated as they are. I guess I forgot or missed that part of the story. GWB should pardon them and go after the zealots that went after these guys.
7 posted on 05/16/2008 9:54:43 AM PDT by wally_bert (Tactical Is Still Missing A Chair!)
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To: kingattax
Nothing pleases the open borders crown more than a stupid cause like this one to distract the masses.

Ramos and Compean are guilty as sin. Trying to free them wastes resources that could be otherwise used to lobby for a better border enforcement and deportation of illegals. Don't waste your political capital on crap like this.

8 posted on 05/16/2008 9:58:54 AM PDT by curiosity
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To: kingattax
"The U.S. State Department has issued an alert, warning travelers that the "equivalent to military small-unit combat" is taking place across the southern U.S. border in Mexico and that Americans are being kidnapped and murdered there."

US Warns Tourists of 'Small-Unit Combat' at Mexico Border

9 posted on 05/16/2008 10:01:39 AM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: kingattax

As if either John McCain or Barack Obama will truly pardon them if Bush doesn’t. Political correctness on all issues keeps getting worse everyday all over the world, and the continued failure to release these two border agents who were just doing their jobs is proof of this.


10 posted on 05/16/2008 10:06:30 AM PDT by johnthebaptistmoore (Vote for conservatives AT ALL POLITICAL LEVELS! Encourage all others to do the same on November 4!)
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To: curiosity
No they are not. Osvaldo Aldrete Davila is as guilty as sin.

Read Mark Brewer's brief to the Fifth Circuit before you shoot off your mouth :

Here.

11 posted on 05/16/2008 10:15:29 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: curiosity
In case you are to lazy to bring up the document.

CONCLUSION Although it may be within the discretion of this Court to determine that plain error had been committed below, and yet to allow the convictions to stand, these amici respectfully submit that it must not do so. If Defendants’ convictions for violation of Counts Four and Five are not overturned, Defendants will have been convicted of a crime that this Court and the Supreme Court have ruled does not exist. That fact alone is sufficient to support a finding that the integrity and public reputation of the judicial proceedings in the trial below have been put in jeopardy, and cannot be allowed to stand.

12 posted on 05/16/2008 10:22:39 AM PDT by bmwcyle (I always rely on God and Guns in that order)
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To: Cyropaedia; curiosity
Osvaldo Aldrete Davila is as guilty as sin.

That doesn't mean that the agents aren't also guilty. It's not an either/or.

Did the agents lie about the shooting? Everything I've read says yes, they did. And if so, then they aren't the good guys - this situation wouldn't have any.

No free nation can abide crooked cops. Ever. Under any circumstances.

13 posted on 05/16/2008 10:25:56 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: kingattax; Ajnin; abner; AndrewC; Arizona Carolyn; Brad's Gramma; Brytani; calex59; Calpernia; ...

PING!

RAMOS/COMPEAN Ping
Please freepmail me if you want on or off this list.


14 posted on 05/16/2008 10:31:28 AM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: marron

Debra Kanof too!


15 posted on 05/16/2008 10:34:14 AM PDT by massgopguy (I owe everything to George Bailey)
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To: highball
Exactly where did the agents did the agents lie....? Ramos testified that he heard the agents talking about gunshots as he and Compean were walking back up the ravine. Thus, he assumed that the others, including the FOS, knew about it as well. At least ten .40 caliber rounds went off. Other agents who were right there in the vicinity had to have heard that.

Other agents wound up being terminated from their jobs for changing their testimony to the DHS.

16 posted on 05/16/2008 10:41:44 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: highball
Did the agents lie about the shooting? Everything I've read says yes, they did.

Then you would be wrong. True, they did not give an oral report to their supervisor, believing they were fully aware of the events since they were at the scene. They did not lie about anything.

But that hardly warrants being charged with MURDER and having prosecutors conspire with a drug smuggler to imply the officers were "out to shoot Mexicans."

No free nation can abide crooked cops.

No free nation can abide by dishonest prosecutors, either. I suggest you are looking in the wrong place to criticize.

17 posted on 05/16/2008 10:42:26 AM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: curiosity; kingattax
Ramos and Compean are guilty as sin

Convicted on the testimony of a drug dealer and two agents granted "immunity" who changed their statements numerous times and either resigned or were fired from the Border Patrol for lying. Compean had a written statement he provided at 1:30 AM in the morning and then testified essentially what he had written. Ramos testified and his testimony is the most consonant to all other testimony given.

18 posted on 05/16/2008 10:49:50 AM PDT by AndrewC
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To: curiosity

Good point.


19 posted on 05/16/2008 10:50:21 AM PDT by YourAdHere (Nobody bothers me!)
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To: curiosity
Is that you Johnny Sutton?

Overwhelming evidence points to their innocence. They were nifonged.

20 posted on 05/16/2008 10:52:56 AM PDT by Dante3
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To: kingattax

The obvious reason why Bush hasn’t pardoned them is that he doesn’t want to offend the government of Mexico.

What kind of government is that? There is constant violence in Mexico with drug gangs shooting police and others, almost a civil war. Recently, two Mexican police chiefs fled to the U.S. and demanded sanctuary, saying they feared being murdered by these drug gangs.

The current president of Mexico has supposedly been fighting the drug gangs.

If that is so, then why would he be offended if justice was done to a criminal Mexican drug smuggler who was caught in the act, or the two border patrol agents who were doing their duty in trying to arrest him?

I am deeply disturbed by the way that Bush allows his loyal subordinates to twist in the wind, and refuses to lift a finger to give them the justice they are entitled to. That failure also applies to Scooter Libby, the Haditha marines, and many others who have been persecuted, basically, by Bush’s political enemies who were trying to undermine Bush, and not for any crimes that they themselves committed.


21 posted on 05/16/2008 10:55:41 AM PDT by Cicero (Marcus Tullius)
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To: curiosity
Don't waste your political capital on crap like this.

Yeah. I agree.

BRING ON THEM THERE DRUGS, polluting our cities...our children! WHOOOOOOOOOO HOOOOOO!!!

For those who know me....I'll leave it at that. :)

22 posted on 05/16/2008 10:58:02 AM PDT by Bradís Gramma (Vote for my German Shepherds!!!! They're smarter than what's running!!)
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To: kingattax

There is ZERO downside to pardoning these guys.


23 posted on 05/16/2008 11:04:55 AM PDT by Retired Greyhound
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To: kingattax

Bush infuriates me more over this issue than anything else.


24 posted on 05/16/2008 11:28:53 AM PDT by MBB1984
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To: My Favorite Headache

I don’t think Bush was paid off. I think he was fostering a deliberate Mexophilia agenda. Bush needs to visit the Alamo and contemplate.


25 posted on 05/16/2008 11:34:56 AM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: kingattax
“This week, the Kentucky-based group, Christians Reviving America's Values, filed an ethics complaint with the Texas Bar Association to investigate U.S. Attorney Johnny Sutton, whom the group argues willfully misled a jury to convict the agents.”

Where can I send a contribution?

26 posted on 05/16/2008 11:35:46 AM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: ZULU

I’ve been to the Alamo.

It was more inspiring than I could have imagined!


27 posted on 05/16/2008 11:37:14 AM PDT by airborne (LETS GO PENS!!! LETS GO PENS!!! LETS GO PENS!!! WOOOOOOOOOOOOO!!!!)
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To: kingattax; calcowgirl

Okay, who thinks Compean & Ramos will be on Bush’s Christmas list for a pardon?

anyone...anyone...Ferris?


28 posted on 05/16/2008 11:48:27 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: curiosity
Nothing pleases the open borders crown more than a stupid cause like this one to distract the masses.

If you can throw the rest of our BP agents in jail for doing their jobs while rewarding a dope kingpin who turns right around and sues you - then yes, the Open Borders Crown is yours!

Wear it with pride.

29 posted on 05/16/2008 12:03:09 PM PDT by BlazingArizona
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To: ZULU
Bush needs to visit the Alamo and contemplate.

He can't make that appointment. Jorge has been busy this week giving enriched uranium to the Saudis. I am NOT making this up.

30 posted on 05/16/2008 12:05:48 PM PDT by BlazingArizona
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To: BlazingArizona

I heard. Jorge El Segundo has reality issues.


31 posted on 05/16/2008 12:11:40 PM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: Dante3
They were nifonged.

The Duke students fired their weapons and destroyed evidence?

32 posted on 05/16/2008 12:30:37 PM PDT by Toddsterpatriot (Why are doom and gloomers, union members and liberals so bad at math?)
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To: Toddsterpatriot; Dante3
>They were nifonged.

The Duke students fired their weapons and destroyed evidence?

Last time I checked, none of those Duke students were U.S. Border Patrol agents guarding the U.S./Mexico border from illegals and all sorts of dangerous, unsavory types connected with the notorious drug Cartels. But nice try.

33 posted on 05/16/2008 1:12:30 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia
Other than that, the cases were exactly the same.
34 posted on 05/16/2008 1:18:28 PM PDT by Toddsterpatriot (Why are doom and gloomers, union members and liberals so bad at math?)
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To: Brad's Gramma; Cicero
BG, for those who know you and love you and understand exactly!

Cicero, what is happening to us?

How were we so wrongfully abandoned?..

..Why did this happen?.

...What/who in the world flipped George Bush?..

...Or were we royally deceived from the git-go?

35 posted on 05/16/2008 1:25:02 PM PDT by Guenevere (If you do not stand firm in your faith, you will not stand at all.)
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To: Toddsterpatriot
Sutton deliberately altered the criminal statutes in order to facilitate the indictment and prosecution of the agents. That's how Johnny was able to railroad the agents in court.

Follow the link in post # 11. Anyone who hasn't read the amicus curiae brief that Mark Brewer wrote to the Fifth Circuit (on behalf of the agents) simply does not understand what happened in the trial.

36 posted on 05/16/2008 1:52:12 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia
So they didn't fire their weapons and destroy evidence?
37 posted on 05/16/2008 1:56:16 PM PDT by Toddsterpatriot (Why are doom and gloomers, union members and liberals so bad at math?)
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To: BlazingArizona
If you can throw the rest of our BP agents in jail for doing their jobs

Their jobs don't include shooting an unarmed man in the back.

38 posted on 05/16/2008 2:05:14 PM PDT by curiosity
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To: Dante3
Overwhelming evidence points to their innocence.

The jury disagreed. Given that they actually attended the trial and heard all the evidence, I'd venture they probably know better than you do.

Or are you now going to start claiming the Jury got paid off by the Mexican mafia too?

39 posted on 05/16/2008 2:08:51 PM PDT by curiosity
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To: Cyropaedia
No they are not. Osvaldo Aldrete Davila is as guilty as sin.

As another reader pointed out, all three parties are guilty of a crime. Davila is guilty of smuggling drugs. Compean and Ramos are guilty of shooting an unarmed man in the back, lying about it, and tampering with evidence.

Read Mark Brewer's brief to the Fifth Circuit before you shoot off your mouth

Who exactly is Mark Brewer, and why exactly should I take his opinion as authoritative?

I've looked at the facts for myself, thank you very much. I don't need some yahoo to interpret them for me.

40 posted on 05/16/2008 2:13:17 PM PDT by curiosity
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To: AndrewC
Convicted on the testimony of a drug dealer

His testimony was only a small part of the total evidence against them. The physical evidence corroborated his story, and not that of the agents'.

and two agents granted "immunity" who changed their statements numerous times and either resigned or were fired from the Border Patrol for lying. Compean had a written statement he provided at 1:30 AM in the morning and then testified essentially what he had written. Ramos testified and his testimony is the most consonant to all other testimony given.

Sorry, bud. You've got your facts wrong.

41 posted on 05/16/2008 2:15:55 PM PDT by curiosity
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To: Toddsterpatriot
Thank you for not reading the amicus brief.

If you are going to actually prosecute LEO's in Federal court you are supposed to use the statutes as they were actually written by Congress. Prosecutors do not have the right to rewrite the statutes to suit their personal objectives. The Courts have ruled that is a no-no.

The fact that Sutton personally rewrote the statutes is bona fide proof that he understood that this wasn't a strong case from the get go. He knew he could fully exploit Judge Cardone's inexperience as a Judge in Criminal Court.

The bottom line, as Brewer correctly points out,

Having misstated the crime defined by 18 U.S.C. Section 924(c)(1)(A), Counts Four and Five failed to charge either Defendant with any criminal offense whatsoever.

No go back and actually read the brief.

42 posted on 05/16/2008 2:15:56 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia
Thank you for not reading the amicus brief.

The brief showed that they didn't fire their weapons and destroy evidence? Maybe you can tell me which page of the brief that was on, because I didn't see that.

Having misstated the crime defined by 18 U.S.C. Section 924(c)(1)(A), Counts Four and Five

I didn't realize they were only convicted of counts four and five.

43 posted on 05/16/2008 2:23:50 PM PDT by Toddsterpatriot (Why are doom and gloomers, union members and liberals so bad at math?)
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To: curiosity
You honestly believe Bush wants to deport Illegals? LOL!!!

These two wounded a drug dealer and they are doing hard isolated time just as if they had killed that scum.

Bush won't pardon them because Ramos and Compeon are political prisoners who serve as examples to what happens when Border Patrolmen use anything but their voice to stop illegals.

I'm disgusted with Bush.

44 posted on 05/16/2008 2:31:25 PM PDT by spectre (Spectre's wife)
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To: curiosity
J. Mark Brewer is Attorney. He is not some "yahoo". And he knows far more about the law than you do. Go back and actually read his brief. As he shows, Sutton re-wrote the statutes to facilitate the indictment and prosecution of the agents. As Brewer points out, the Courts have ruled that prosecutors cannot do that. For starters, the instructions to the Jury were in error, because the statutes in question were in error or deliberately misstated.

As far as Aldrete Davila is concerned, he has proven that he simply cannot be trusted. At this point he is probably the only person who still insists he was "unarmed". Even Sutton himself probably now has doubts regarding Osvaldo's story. If Johnny had to do it over again there's now way in hell he would have actually given the smuggler an immunity agreement. No way.

45 posted on 05/16/2008 2:38:31 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: spectre
You honestly believe Bush wants to deport Illegals? LOL!!!

Of course not. But what has that got to do with whether Ramos and Compean are guilty?

These two wounded a drug dealer and they are doing hard isolated time just as if they had killed that scum.

No, they'd be doing a lot more time if they had killed him. (BTW, I agree the sentence is excessive).

Bush won't pardon them because Ramos and Compeon are political prisoners who serve as examples to what happens when Border Patrolmen use anything but their voice to stop illegals.

I see it's time to get out the tinfoil hat.

I'm disgusted with Bush.

So am I, but there are more productive ways to vent your disgust.

46 posted on 05/16/2008 2:48:15 PM PDT by curiosity
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To: Toddsterpatriot
The brief showed that they didn't fire their weapons and destroy evidence? Maybe you can tell me which page of the brief that was on, because I didn't see that.

Nice strawman argument. The agents never claimed that they didn't fire their guns. You and I both know that. Those were the counts (4 & 5) that carried the "mandatory" prison sentences. Failing to report the discharge of a firearm is something that can be handled in an administrative approach, through suspension or termination from the job.

47 posted on 05/16/2008 2:55:11 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia
J. Mark Brewer is Attorney. He is not some "yahoo".

Most attorney's are yahoos in my experience.

Sorry, but a law degree doesn't impress me much.

And he knows far more about the law than you do.

Yes, but there are many attorneys who know the law at least as well as he does who disagree with him.

Go back and actually read his brief.

I have better things to do with my time.

As he shows, Sutton re-wrote the statutes to facilitate the indictment and prosecution of the agents.

Le me get this straight. You're claming that Congress called a special session when they heard about the case, and they invited Sutton in to re-write the statute, which they then proceded to rubber-stamp, just to railroad two BP guys they never heard of. Is that right?

As Brewer points out, the Courts have ruled that prosecutors cannot do that.

If they did, it would be one hell of a silly ruling, seeing as how Congress always has and always will write statutes.

For starters, the instructions to the Jury were in error, because the statutes in question were in error or deliberately misstated.

How can a statute be "in error?" Congress can pass whatever statute it wants. If you have an issue with the jury instructions, well then your beef is with the judge, not the prosecutor.

As far as Aldrete Davila is concerned, he has proven that he simply cannot be trusted.

That's why the prosecution relied on corroborating evidence.

At this point he is probably the only person who still insists he was "unarmed".

All the evidence suggests he wasn't. The behavior of Compean and Ramos suggests he wasn't.

Answer me this: if this was such a clean shoot, why did Compean and Ramos destroy evidence and lie about it to their supervisor?

48 posted on 05/16/2008 2:58:32 PM PDT by curiosity
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To: curiosity
The physical evidence corroborated his story, and not that of the agents'.

...

Sorry, bud. You've got your facts wrong.

Care to back that up with some evidence? About the only physical evidence at the trial was Aldrete-Davila's hiney. And show me where my "facts" are wrong.

You can read Compean's statement here ---http://www.dhs.gov/xoig/assets/OIG_foia_RamosCompean.pdf

And you can read the testimony here --- http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/

49 posted on 05/16/2008 2:59:52 PM PDT by AndrewC
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To: Cyropaedia
Those were the counts (4 & 5) that carried the "mandatory" prison sentences.

So they were found guilty of other counts?

Failing to report the discharge of a firearm is something that can be handled in an administrative approach, through suspension or termination from the job.

What about destroying evidence? Is that okey dokey?

50 posted on 05/16/2008 3:00:51 PM PDT by Toddsterpatriot (Why are doom and gloomers, union members and liberals so bad at math?)
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