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Immigration See other Immigration Articles Title: Ramos and Compean Lose 5th Circuit Court Appeal Written by Ann Shibler Thursday, 31 July 2008 10:45 In a fresh outrage, the 5th Circuit Court of Appeals has rendered a 46-page decision upholding the convictions of Border Patrol Agents Ignacio Ramos and Jose Compean. All convictions were affirmed except those for tampering with official proceedings, which has been remanded for resentencing. In his opinion Judge E. Grady Jolly (a Reagan appointee) wrote: “We leave the major conviction with the major sentence … untouched.” He continued, “The underlying crime of violence with which the defendants were charged is assault within the special territorial jurisdiction of the United States. Once the defendants were charged by the government and convicted by the jury under this statute, the district court had no discretion but to impose at least a ten-year sentence.” Court observer Edd Hendee’s analysis raises some concerns. Being present at the December 2007 hearing Hendee says this overly late decision — which should have been rendered in 60 days, not eight months — is not compelling and contains “conflicts of common sense and clear intent of the law.” Hendee recorded these observations back at the December 2007 hearing: Regardless of their sentiments back in 2007, the court has raised a red flag with their opinion, and by not agreeing that the defendants should have been able to introduce evidence of Osvaldo Aldrete-Davila’s second alleged drug-trafficking incident in October 2005 (months after the February 2005 incident.) And regardless of their own 60-day goal for reaching a decision, the black robes’ eight-month hiatus could also be viewed with great suspicion, given that their previous statements are contradicted by their conclusion, that: Heartbreakingly, Ramos and Compean remain in solitary confinement, their wives and families devastated emotionally and financially. Unless enough pressure comes to bear on the White House, this stomach-wrenching affair may never be righted. Pardons and commutations are political and not based on merit. So, even with top republicans now demanding a commutation, the White House continues to sidestep the issue. When Sen. John Cornyn approached White House spokeswoman Dana Perino on the subject, she responded: "There is a process in which people in our country can ask a president of the United States for a commutation of their sentence and that process can take place if those individuals want it to." How likely is a presidential pardon? The answer: not very. While the president found time to pardon his pal, Scooter Libby, and to contemplate pre-emptive pardons for administration officials in the increasingly unlikely event Congress might demand accountability for wrongdoing in the areas of torture and illegal wiretapping, he is unlikely to get around to pardoning officers Ramos and Compean. Petitions for commutations are submitted to the Justice Department for investigation and review, but the Justice Department is presently two or three years behind in authorizing the first step of investigations. Meanwhile, the most egregious perversion of the American legal system in recent memory remains, a mockery of the idea of justice.
Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 40.
#40. To: farmfriend (#0)
This is bullshit. Bush should pardon them. A good reporter would ask Obama and McCain if they would pardon these innocent men.
#41. To: Turtle (#40)
The media is not interested in the truth or asking hard questions. They just want their sound bight so they can get their copy in and go home.
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