Bush commutes sentences of former US border agents

Jeff Mock

Active member
WASHINGTON (AP) - In his final acts of clemency, President George W. Bush on Monday commuted the prison sentences of two former U.S. Border Patrol agents whose convictions for shooting a Mexican drug dealer ignited fierce debate about illegal immigration.
Bush's decision to commute the sentences of Ignacio Ramos and Jose Compean, who tried to cover up the shooting, was welcomed by both Republican and Democratic members of Congress. They had long argued that the agents were merely doing their jobs, defending the American border against criminals. They also maintained that the more than 10-year prison sentences the pair was given were too harsh.

Rancor over their convictions, sentencing and firings has simmered ever since the shooting occurred in 2005.

Ramos and Compean became a rallying point among conservatives and on talk shows where their supporters called them heroes. Nearly the entire bipartisan congressional delegation from Texas and other lawmakers from both sides of the political aisle pleaded with Bush to grant them clemency.

Bush didn't pardon the men for their crimes, but decided instead to commute their prison sentences because he believed they were excessive and that they had already suffered the loss of their jobs, freedom and reputations, a senior administration official said.

The action by the president, who believes the border agents received fair trials and that the verdicts were just, does not diminish the seriousness of their crimes, the official said.

Compean and Ramos, who have served about two years of their sentences, are expected to be released from prison within the next two months.

They were convicted of shooting admitted drug smuggler Osvaldo Aldrete Davila in the buttocks as he fled across the Rio Grande, away from an abandoned van load of marijuana. The border agents argued during their trials that they believed the smuggler was armed and that they shot him in self defense. The prosecutor in the case said there was no evidence linking the smuggler to the van of marijuana. The prosecutor also said the border agents didn't report the shooting and tampered with evidence by picking up several spent shell casings.

The agents were fired after their convictions on several charges, including assault with a dangerous weapon and with serious bodily injury, violation of civil rights and obstruction of justice. All their convictions, except obstruction of justice, were upheld on appeal.

With the new acts of clemency, Bush has granted a total of 189 pardons and 11 commutations.
 
Great! I guess George has a soul afterall... /ubbthreads/images/graemlins/ooo.gif /ubbthreads/images/graemlins/ooo.gif /ubbthreads/images/graemlins/ooo.gif
 
Way overdue but still playing to the Mexican politicians and illegals...

These two were doing their job! How could they still be guilty and not fully pardoned! How does an illegal alien drug smuggler crashing our border have civil rights?

Quote:
Bush didn't pardon the men for their crimes, but decided instead to commute their prison sentences because he believed they were excessive and that they had already suffered the loss of their jobs, freedom and reputations, a senior administration official said.

The action by the president, who believes the border agents received fair trials and that the verdicts were just, does not diminish the seriousness of their crimes, the official said



I'm glad they're getting released at least that's a good thing!

Nikonut /ubbthreads/images/graemlins/angry-smiley-055.gif
 
Thats good. Not as good as a Pardon but better than sitting in prison for another 10 years or so.

Just a small gripe about everyone of these articles about the shooting. They always mention that Ramos and Compean picking up their spent shell casings as if to justify them trying to cover up the shooting. First, I don't see how that would help cover up the shooting as it was witnessed by other agents. If you have ever been to a Police shooting range you will notice that when the shooting is over all of the shooters pick up their casings. Just part of the drill. It has been shown that , in the day of revolvers, that on the range an officer would dump his shell casings in his hand when reloading so he wouldn't have to pick them up later. In actual shooting incidents it has been documented that officers would still dump their shell casings in their hand even while getting fired upon. I think there picking up their brass was just normal event in the adrenaline rush they must have been experiencing. End of gripe. Glad they are going to get out, sorry that they basically lost everything in the process.
 
Ramos and Compean might not agree but,IMO,it's too little too late.Bush has been a serious disappointment. /ubbthreads/images/graemlins/mad.gif
 
Quote:
That George Bush DID NOT pardon their crime...speaks volumes.

These guys are liars,and cheats who cared not for truth or justice. They violated their oath....and were rightfully convicted.

That conviction remains. Only the sentence is commuted.

Those who clamor for their release....cannot be much better. I'm fed up with liars, cheats, thieves......and those who tolerate them!!!



Wonk, me thinks you need to do more research on this. /ubbthreads/images/graemlins/crazy.gif
 
Quote:
That George Bush DID NOT pardon their crime...speaks volumes.

These guys are liars,and cheats who cared not for truth or justice. They violated their oath....and were rightfully convicted.

That conviction remains. Only the sentence is commuted.

Those who clamor for their release....cannot be much better. I'm fed up with liars, cheats, thieves......and those who tolerate them!!!



Whatever dude.... troll post.
 
Actually, it appears that issuing a pardon to someone still incarcerated is not protocol.While the Constitution grants the President unlimited power to issue pardons, there is one exception and that is impeachment.See attached guidelines,particularly section 1.2.

Presidential Pardons: Legal Guidelines
From Title 28, Code of Federal Regulations


While Article II, Section 2 of the Constitution places no limitations on the president's power to grant or deny pardons, the Justice Department's U.S. Pardon Attorney prepares a recommendation for the president on each application for presidential "clemency," including pardons, commutations of sentences, remissions of fines, and reprieves.

The Pardon Attorney is required to review each application according to the following guidelines: (The president is not obliged to follow, or even consider the recommendations of the Pardon Attorney. See: Sec. 1.10)

Title 28 - Code of Federal Regulations
Chapter I - Department of Justice
Part 1 - Executive Clemency

[Code of Federal Regulations]
[Title 28, Volume 1, Parts 0 to 42]
[Revised as of July 1, 2000]

Sec. 1.1 Submission of petition; form to be used; contents of petition.

A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, DC 20530, except for petitions relating to military offenses. Petitions and other required forms may be obtained from the Pardon Attorney. Petition forms for commutation of sentence also may be obtained from the wardens of federal penal institutions. A petitioner applying for executive clemency with respect to military offenses should submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case. Each petition for executive clemency should include the information required in the form prescribed by the Attorney General.

Sec. 1.2 Eligibility for filing petition for pardon.

No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.

Sec. 1.3 Eligibility for filing petition for commutation of sentence.

No petition for commutation of sentence, including remission of fine, should be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances.

Sec. 1.4 Offenses against the laws of possessions or territories of the United States.

Petitions for executive clemency shall relate only to violations of laws of the United States. Petitions relating to violations of laws of the possessions of the United States or territories subject to the jurisdiction of the United [[Page 97]] States should be submitted to the appropriate official or agency of the possession or territory concerned.

Sec. 1.5 Disclosure of files.

Petitions, reports, memoranda, and communications submitted or furnished in connection with the consideration of a petition for executive clemency generally shall be available only to the officials concerned with the consideration of the petition. However, they may be made available for inspection, in whole or in part, when in the judgment of the Attorney General their disclosure is required by law or the ends of justice.

Sec. 1.6 Consideration of petitions; recommendations to the President.

(a) Upon receipt of a petition for executive clemency, the Attorney General shall cause such investigation to be made of the matter as he/ she may deem necessary and appropriate, using the services of, or obtaining reports from, appropriate officials and agencies of the Government, including the Federal Bureau of Investigation.

(b) The Attorney General shall review each petition and all pertinent information developed by the investigation and shall determine whether the request for clemency is of sufficient merit to warrant favorable action by the President. The Attorney General shall report in writing his or her recommendation to the President, stating whether in his or her judgment the President should grant or deny the petition.

Sec. 1.7 Notification of grant of clemency.

When a petition for pardon is granted, the petitioner or his or her attorney shall be notified of such action and the warrant of pardon shall be mailed to the petitioner. When commutation of sentence is granted, the petitioner shall be notified of such action and the warrant of a commutation shall be sent to the petitioner through the officer in charge of his or her place of confinement, or directly to the petitioner if he/she is on parole, probation, or supervised release.

Sec. 1.8 Notification of denial of clemency.

(a) Whenever the President notifies the Attorney General that he has denied a request for clemency, the Attorney General shall so advise the petitioner and close the case.

(b) Except in cases in which a sentence of death has been imposed, whenever the Attorney General recommends that the President deny a request for clemency and the President does not disapprove or take other action with respect to that adverse recommendation within 30 days after the date of its submission to him, it shall be presumed that the President concurs in that adverse recommendation of the Attorney General, and the Attorney General shall so advise the petitioner and close the case.

Sec. 1.9 Delegation of authority.

The Attorney General may delegate to any officer of the Department of Justice any of his or her duties or responsibilities under Secs. 1.1 through 1.8.

Sec. 1.10 Advisory nature of regulations.

The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, section 2 of the Constitution.

http://usgovinfo.about.com/blprespardons.htm
 
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i shot a bull elk once and when everyone else got there i was walking around looking for my casings. i hadn't went to the bull yet. after 10 min.s of looking i discovered all the casings in my pocket. i must have caught each one and placed it in my pocket after each shot. that was the bull that taught me to shoot them behind the ear.
270 weatherby mag casings were to expensive to drop.
guess i must cover up the scene of all hunts /ubbthreads/images/graemlins/confused.gif i just thought i wasn't littering /ubbthreads/images/graemlins/smiliesmack.gif.
i'm glad they will get out. /ubbthreads/images/graemlins/grinning-smiley-003.gif
 
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Quote:
Actually, it appears that issuing a pardon to someone still incarcerated is not protocol.While the Constitution grants the President unlimited power to issue pardons, there is one exception and that is impeachment.See attached guidelines,particularly section 1.2.





Bill Clinton did it for Puerto Rican terrorist .
 
Quote:
i shot a bull elk once and when everyone else got there i was walking around looking for my casings. i hadn't went to the bull yet. after 10 min.s of looking i discovered all the casings in my pocket. i must have caught each one and placed it in my pocket after each shot. that was the bull that taught me to shoot them behind the ear.
270 weatherby mag casings were to expensive to drop.
guess i must cover up the scene of all hunts /ubbthreads/images/graemlins/confused.gif i just thought i wasn't littering /ubbthreads/images/graemlins/smiliesmack.gif.
i'm glad they will get out. /ubbthreads/images/graemlins/grinning-smiley-003.gif



thats the first thing i think of whenever i shoot, "wheres my empties?" /ubbthreads/images/graemlins/grinning-smiley-003.gif
 
Quote:
Quote:
That George Bush DID NOT pardon their crime...speaks volumes.

These guys are liars,and cheats who cared not for truth or justice. They violated their oath....and were rightfully convicted.

That conviction remains. Only the sentence is commuted.

Those who clamor for their release....cannot be much better. I'm fed up with liars, cheats, thieves......and those who tolerate them!!!



Wonk, me thinks you need to do more research on this. /ubbthreads/images/graemlins/crazy.gif



+1!

Thank God they'll be returning to their families.

Bush did the RIGHT thing.
 
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