[deport]

Sounds like they are attempting to vacate the court findings.......

HR 563 IH

110th CONGRESS

1st Session

H. R. 563

To vacate further proceedings in the prosecution of certain named persons.

IN THE HOUSE OF REPRESENTATIVES

January 18, 2007

Mr. HUNTER (for himself, Mr. POE, Mr. JONES of North Carolina, Mr. TANCREDO, Mr. ROHRABACHER, Mr. GOODE, Mr. BURTON of Indiana, Mrs. MUSGRAVE, Mr. ROYCE, Mr. DUNCAN, Mr. BARTLETT of Maryland, Mr. HERGER, Mr. COLE of Oklahoma, Mr. BARRETT of South Carolina, Mr. CARTER, Mr. PORTER, Mr. MCCOTTER, Mr. BURGESS, Mr. GERLACH, Mr. MICA, Mr. SAXTON, Mr. DAVIS of Kentucky, Mr. SESSIONS, Mr. CANTOR, Mr. HOBSON, Mr. LAHOOD, Mr. WALSH of New York, Mr. TERRY, Ms. FOXX, Mr. HASTINGS of Washington, Mr. WELDON of Florida, Mr. BISHOP of Utah, Mr. KIRK, Mr. ROGERS of Alabama, Mrs. MYRICK, Mr. STEARNS, Mr. RENZI, Mr. BONNER, Mr. BAKER, Mr. PETERSON of Pennsylvania, Mr. EVERETT, Mr. CANNON, Mrs. CUBIN, Mr. SHADEGG, Mr. SHIMKUS, Mr. COBLE, Mr. ENGLISH of Pennsylvania, Mr. GILCHREST, Mr. HAYES, Mr. LEWIS of Kentucky, Mr. ROGERS of Kentucky, Mr. DAVID DAVIS of Tennessee, Mr. PEARCE, Mr. GINGREY, Mr. GARY G. MILLER of California, Mr. LOBIONDO, Mr. TIBERI, Mr. WHITFIELD, Mr. LATOURETTE, Mr. YOUNG of Florida, Mrs. BLACKBURN, Mr. PITTS, Mr. SMITH of New Jersey, Mr. SULLIVAN, Mr. MANZULLO, Mr. MCHUGH, Mr. WILSON of South Carolina, Mr. MCKEON, Mr. AKIN, Mr. KINGSTON, and Mr. TIAHRT) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To vacate further proceedings in the prosecution of certain named persons.

Whereas the conviction and sentencing of United States Border Patrol Agents Ignacio Ramos and Jose Compean for the pursuit and shooting of drug smuggler Osvaldo Aldrete-Davila which is the subject of a Federal criminal case in the United States District Court for the Western District of Texas represents an extreme injustice: Now, therefore,

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Congressional Pardon for Border Patrol Agents Ramos and Compean Act'.

SEC. 2. ORDER.

It is hereby ordered that the conviction and sentences of Border Patrol Agents Ignacio Ramos and Jose Compean are vacated. The release of the defendants from the custody of the Government is hereby ordered, with prejudice. No further criminal prosecution or other proceeding against these named individuals with respect to the circumstances giving rise to the convictions and sentences vacated by this Act shall take place.

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that the Department of Homeland Security review the rules of engagement presently utilized by the United States Border Patrol.

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[Jeff Head]

Thanks...I believe the congress has not authority to order any such thing and that such an act of congress is therefore not constitutional.

I believe that Congress should try and persuade the President to pardon these men, and that they should lend their full support to every legal means of appeal and recourse for them.

But an act ordering their release after a legal trial (however we may disagree with the result of that trial annd the preasons for it) is clearly not within the congressional constitutional authority.

[CharlesWayneCT]

Western District of Texas represents an extreme injustice: Now, therefore

We found no extreme injustice in the transcripts of the trial.

People are calling for hearings in congress to go over the evidence to see whether there was any injustice.

But some assume the results of that investigation and are pushing this.

Of course, they know it will never pass. And it shouldn't. Congress should not be overturning jury verdicts.

If they want, they can pass legislation which would immunize border patrol agents from the charges that were in the offense -- it would apply to EVERY BP agent. They could make it retroactive.

Congress shouldn't be legislating for individuals. In some cases, Congress is explicitly forbidden in the constitution from legislating at individuals.