So, Ramos and Compean get their day in court at the 5th Circuit...and the Appeals Court thinks they should sit in the cooler for a good long time regardless the insanity of putting Border Patrol agents in jail for doing their freaking jobs...
Not everyone agrees with the sentences, but they have been handed down and today they were upheld. The matter at hand is clear to me, at least; these guys did what they thought they needed to do to neutralize a person they had stopped driving a van full of weed...sorry, Marijuana... who decided to jump out of the vehicle and try to escape American justice. He got shot at, hit in a "non deadly" place, and ultimately escaped.
Putting aside for a moment the back and forth about legal jiu litsu and what the Prosecution was able to block from being introduced into evidence about this guy's criminal record, and the "victim's" willingness to turn State's evidence in exchange for immunity, these Border Patrol agents were convicted for [again, in my personal opinion] only doing their jobs. Today, the 5th circuit upheld them...I disagree...and so does Texas Senator John Cornyn:
While I am still reviewing this opinion, it’s clear that Ignacio Ramos and Jose Compean will not receive the relief that they deserve. It’s been more than one year now since Senator Feinstein and I first called on the President to address this miscarriage of justice. With this court decision, it is now more important than ever for the President to act.
As I have long said, it is incomprehensible to me that an illegal alien drug smuggler was allowed to violate his immunity agreement, perjure himself and be granted a series of unlimited visas to roam free in our country while two border patrol agents were given excessive prison sentences. The sentences of 11 years for Agent Ramos and 12 years for Agent Compean were significantly higher than for many other serious crimes.
This administration has now had ample time to carefully gather and review the facts of this case. The facts, in my view, point to a clear case of prosecutorial overreach and a case where the sentence does not match the crime. This case cries out for a commutation that is fair and just, and I once again call on President Bush to act.
Our President has done plenty of things over the last 7 years to both excite us and drive us crazy. He has signed bills we railed against, and vetoed ones we had a hard time understanding his intention...fine-this is a gimme Mr. President.
The convictions stand...now, cut them loose to get their lives back and move on to something a whole lot less ridiculous than trying to enforce laws with no Judicial system out there to watch their backs...
Cut 'em Loose Mr. President, and do it now.