Statement On Presidential Pardon For Two U.S. Border Patrol Agents In Federal Prison

STATEMENT ON PRESIDENTIAL PARDON FOR TWO U.S. BORDER PATROL AGENTS IN FEDERAL PRISON -- (House of Representatives - January 23, 2007)

Mr. JONES of North Carolina. Thank you, Mr. Speaker.

Mr. Speaker, now is a critical time in the case of two United States Border Patrol agents. Last week, the agents turned themselves in to U.S. marshals to begin serving 11 and 12 years, respectively, in Federal prison. U.S. Border Patrol agents Ramos and Compean were convicted last spring for wounding a Mexican drug smuggler who brought 743 pounds of marijuana across our southern border into Texas. The agents fired shots during a foot chase with the smuggler, who had fled in a van they were pursuing. The van contained approximately $1 million worth of marijuana.

Mr. Speaker, after months of silence, the President recently said in a television interview that he would take a sober look at the case and a tough look at the facts to see whether the agents should be pardoned. For the agents' safety, I am hopeful that the President of the United States will look into this case as soon as possible.

The facts will tell the President what countless citizens and Members of Congress already know, that the United States Attorney's office was on the wrong side in this case. Compelling physical evidence--the angle of the bullet that struck the drug smuggler--makes it clear that the smuggler was pointing something at the agents as he ran away and the agents fired in self-defense. Yet the U.S. Attorney's office prosecuted the agents almost exclusively on the testimony of an admitted drug smuggler who claimed he was unarmed. Despite claims of insufficient evidence, the fact that the U.S. Attorney's office and Office of Inspector General were able to track down this smuggler in Mexico proves that they had enough evidence to tie him to the drug load, but they chose not to prosecute him. Instead, Mr. Speaker, the United States Attorney's office prosecuted the agents and granted immunity to the drug smuggler for his testimony against our border agents. That is absolutely unacceptable.

The drug smuggler received full medical care in El Paso, Texas, was permitted to return to Mexico, and is now suing the Border Patrol for $5 million for violating his civil rights. Contrary to the claims of the United States attorney, there is no law that requires the government to give medical assistance to injured illegal aliens. This drug smuggler is not an American citizen. He is a criminal. Since the agents were convicted, three of the 12 jurors have submitted sworn statements that they were misled into believing that there could be no dissent in the jury's decision and therefore believed that they had to give in to the majority opinion of guilt. Still, the judge refused to overturn the verdict.

Mr. Speaker, the extraordinary details surrounding the prosecution of this case assures that justice has not been served. For the sake of the agents and their families and for the sake of the American people who they were working to protect, I encourage the President to review the facts of this case as soon as possible. In addition to the 250,000 petitions that have been collected on behalf of the agents, the American people and Members of Congress should encourage the President to review this case. I hope that the Members of Congress and the American people will call the White House and ask the President to immediately reverse this injustice by pardoning these two innocent men.

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