January 17, 2007
Les Kinsolving asked Tony Snow this question:
"With regard to your statement, 'border guards must obey the law, too,' [a Ramos/Compean reference] question, now how have so many millions of illegal aliens been able to enter our country if the president and his predecessor were seriously enforcing border and immigration laws?"
I invite everyone to put on their Bill Clinton Circuitousosity Caps[TM] and carefully parse Snow's response:
"Well, obviously there was a point where, in fact, it was not enforced seriously... That's why the president has committed more resources than anybody in history and has made further commitments about border security in the future, not only in terms of personnel, but also technology, and has made a - and, furthermore, has been far more aggressive than anybody ... in terms of what we call interior enforcement, going after employers in a way that nobody else has done..."
One will note that Snow is not going as far as Karl Rove, who admitted that six million illegal aliens entered the U.S. on Bush's watch. In fact - as long as we parse that in the correct, Clintonian fashion - it appears that he's blaming Clinton for everything, and then trying to portray Bush as trying to fix the problem.
Almost certainly while winking in the U.S. Chamber of Commerce's direction:
Snow continued that the message to employers is: "If you're hiring illegals and you're doing it all – if you're hiring illegals, we're going after you, and especially if you're doing it in a way that you have people who are here illegally who are also taking jobs that Americans might want to have," "Snow said.
The last is, of course, a departure from the frequent Bush quote that illegal aliens are "taking jobs Americans don't want", which was subsequently changed to them "doing jobs Americans aren't doing".
There's more regarding the Ramos/Compean case at the link, and Joseph Farah comments on that case in Presidents must obey law, too.
Posted to Immigration2007a at January 17, 2007 12:30 PM
Comments
MYTH VS. REALITY--THE FACTS OF WHY THE GOVERNMENT PROSECUTED
AGENTS COMPEAN AND RAMOS
Myth: THE AGENTS WERE JUST DOING THEIR JOBS
Reality: Securing our nation’s borders can be a tough and dangerous job. Often, Border Patrol
agents find themselves in difficult and dangerous situations. We give them guns and allow them
to defend themselves. Border Patrol training allows for the use of deadly force when an agent
reasonably fears imminent bodily injury or death. An agent is not permitted to shoot an unarmed
suspect who is running away.
There was no credible evidence that the agents were in a life-threatening situation or that
Aldrete, the Mexican alien, had a weapon that would justify the use of deadly force. In fact,
Border Patrol Agent Juarez, who was at the scene, testified at trial that he did not draw his pistol
because he did not believe there was a threat. He also testified that Aldrete did not have a
weapon and was almost to Mexico when Agent Compean began firing at him.
In America, law enforcement officers do not get to shoot unarmed suspects who are running
away, lie about it to their supervisors and file official reports that are false. That is a crime and
prosecutors cannot look the other way.
Myth: THE GOVERNMENT LET A DRUG SMUGGLER GO FREE
Reality: My office would have much preferred to see Aldrete convicted and sent to prison for
his crimes. We are in the business of putting guys like Aldrete behind bars. In fact, this office
leads the nation in the number of drug smuggling cases we prosecute. Because the agents could
not identify him, found no fingerprints, could not tie him to the van and did not apprehend him
after shooting him, the case against Aldrete could not be proven.
Myth: THESE BORDER PATROL AGENTS SHOULD NOT HAVE BEEN
PROSECUTED
Reality: The crimes committed by these agents rise to the level of felonies and are not mere
administrative oversights. This was not a simple case of discharge of a firearm that was not
reported. The truth of this case is that Agents Compean and Ramos shot 15 times at an unarmed
man who was running away from them and who posed no threat.
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This office cannot ignore these agents’ crimes just because the person they shot turned out to be
a drug smuggler. Our system of justice requires that a person be tried in a court of law before he
is punished. We do not permit police officers to summarily punish those whom the officers think
have committed crimes. A police officer cannot shoot at an unarmed suspect who does not pose
an immediate serious threat to the life of the officer or a bystander.
In order to maintain the rule of law, federal prosecutors cannot look the other way when law
enforcement officers shoot unarmed suspects who are running away, then lie about it to their
supervisors and file official reports that are false.
Myth: ALDRETE HAS BEEN ARRESTED FOR SMUGGLING MORE DRUGS INTO
THE UNITED STATES
Reality: Aldrete has not been subsequently arrested for drug smuggling. Our office is in the
business of prosecuting drug traffickers and alien smugglers. We are on the front lines of this
battle and we aggressively prosecute these criminals every day in court. In fact, the Western
District of Texas leads the nation in the number of individuals we prosecute for illegally
smuggling drugs into this country. If we had a provable case against Aldrete, we would
prosecute him.
Myth: THE GOVERNMENT GAVE ALDRETE BLANKET IMMUNITY FOR HIS
CRIMES
Reality: Agent Compean failed to arrest Aldrete when he attempted to surrender; instead,
Compean tried to hit Aldrete with the butt of his shotgun, at which time Aldrete began to run
towards the border. The agents shot at him 15 times, hitting him once, knocking Aldrete to the
ground. Compean and Ramos chose not to walk over to the wounded Aldrete and arrest him;
rather, they re-holstered their guns, turned around and left the scene. When Aldrete then got
back to Mexico without having been apprehended and identified, there was no longer any way to
tie him to the load of marijuana, except through his own admissions.
Prosecutors promised Aldrete they would not use his truthful statements and testimony to
prosecute him for the events that occurred on Feb. 17, 2005. Prosecutors around the country
routinely make similar representations to obtain crucial testimony. This type of “use immunity”
does not give blanket immunity for any crimes he may have committed or may commit in the
future. If there were other admissible evidence besides his own statements sufficient to convict
him, he could be prosecuted for the offense he describes.
As a practical matter, the promise to Aldrete gave up very little since the case against him was
not prosecutable. There was no way to prosecute Aldrete while he was in Mexico. We could not
have forced him to come back to the United States to be prosecuted, and there was no evidence
against him until he agreed to cooperate.
Myth: ALDRETE HAD A GUN AND THE AGENTS ONLY FIRED IN SELF DEFENSE
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Reality: Trial testimony from other Border Patrol agents who were at the scene and who arrived
shortly after the shooting shows that this is not true. Testimony further revealed that Agents
Compean and Ramos never took cover nor did they ever warn the other agents to take cover.
This action demonstrates that they did not perceive a threat. In his statement to investigators,
Compean admitted that Aldrete had attempted to surrender with both hands open and in the air.
Had Agents Compean and Ramos truly believed Aldrete was a threat, they would not have
abandoned him after the shooting and they would have warned their fellow agents who arrived at
the scene to stay out of the open while an armed suspect was on the loose. If the agents had
believed that the shooting was justified then they would have left the crime scene undisturbed
and let the investigation absolve them. The agents knew that Aldrete did not have a weapon and
they knew he posed no threat to them as he fled. Agent Juarez also testified that Aldrete was
surrendering to Compean with his hands open and empty palms turned to Compean.
Myth: THE AGENTS WERE NOT SURE OF WHAT THEY SAW BECAUSE IT WAS IN
THE MIDDLE OF THE NIGHT
Reality: The events of Feb. 17, 2005, occurred at approximately 1:00 P.M MT.
Myth: JOHNNY SUTTON IS AN OVERZEALOUS PROSECUTOR WHO IS ON THE
WRONG SIDE OF THE LAW
Reality: These agents were found guilty by a unanimous jury in a United States District Court
after a trial that lasted more than two and a half weeks.
The two agents were represented by experienced and aggressive trial attorneys, both of whom
vigorously challenged the Government’s evidence through cross examination.
Both agents told their stories from the witness stand and had full opportunities to explain their
version of events and to offer their own evidence. The jury heard everything including the
defendants’ claims of self defense. The problem for Agents Compean and Ramos is that the jury
did not believe their stories because they were not true.
Myth: THESE AGENTS ARE FACING TOO MUCH TIME IN FEDERAL PRISON
Reality: Congress determined the penalties imposed on Compean and Ramos by setting the
punishment for discharging a firearm during a crime of violence at a mandatory minimum of ten
years (on top of any other sentence imposed). Congress did not make an exception for law
enforcement officers
Myth: THE DRUG SMUGGLER WAS AWARDED A GREEN CARD
Reality: Aldrete was not given a green card which would enable him to have permanent legal
resident status in this country. A military physician in the United States removed the bullet from
Aldrete because it was an important piece of evidence and because the law requires the
government to render such assistance. In order to have the bullet removed, meet with federal
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investigators and to testify in court in El Paso, he was entitled to come into the United States on a
limited basis within a limited geographical area and only for those purposes. The last time he
was legally allowed to enter the United States was in February 2006.
Myth: ALDRETE NEVER HAD HIS HANDS UP AND WAS NOT ATTEMPTING TO
SURRENDER
Reality: In their sworn testimony, Agent Compean and Agent Juarez both testified that Aldrete
did have his hands in the air in an effort to surrender.
Myth: COMPEAN WAS BLOODIED FROM A STRUGGLE WITH ALDRETE
Reality: Trial testimony showed that the only blood on Agent Compean was between his thumb
and forefinger and was a result of him improperly holding his weapon. When asked if he was
injured, he said “no” and when further asked if he wanted to file a report for his injury, he again
said “no.”
Myth: THESE AGENTS DID NOT REPORT THE SHOOTING TO SUPERVISORS
BECAUSE THE SUPERVISORS WERE ON THE SCENE OF THE SHOOTING
Reality: The trial testimony of the defendants, fellow Border Patrol agents who were on the
scene and who arrived shortly thereafter, as well as taped radio communications showed that
there were no supervisors at the scene at the time of the shooting. The agents knew they must
report any discharge of a firearm and had just received training to this effect the day before this
shooting. Further, Agent Ramos was a Border Patrol firearms instructor and a member of the
evidence recovery team. He was well aware of this requirement as he had taught this to other
agents. They did not report the discharge because they knew the shooting was not justified.
Furthermore, based on their training and experience, they were aware of what law enforcement
resources would be dispatched to the crime scene to investigate a shooting, including sector
evidence team, the Federal Bureau of Investigation, and state and local law enforcement.
Myth: ILLEGAL ALIENS DO NOT HAVE ANY CONSTITUTIONAL RIGHTS
Reality: The courts have held that the 4th Amendment to the Constitution protects all persons in
the United States whether they are here legally or illegally. It is a violation of the 4th
Amendment to shoot an unarmed person who poses no threat to the shooter. This law applies
regardless of immigration status.
Myth: AGENT RAMOS CLAIMS THAT THE BULLET EXTRACTED FROM
ALDRETE MIGHT NOT HAVE COME FROM HIS SERVICE REVOLVER
Reality: Agent Ramos stipulated and agreed before trial that the bullet extracted from Aldrete
came from his service weapon. Independent forensic analysis also showed that the bullet
extracted from Aldrete matched Agent Ramos’ weapon.
Myth: AGENT RAMOS WAS BORDER PATROL AGENT OF THE YEAR
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Reality: Agent Ramos has never received any formal recognition or award for being the Border
Patrol Agent of the year. In fact, he has been arrested on at least two occasions for domestic
abuse and was formally disciplined for conduct unbecoming a federal officer.
###
Posted by: jj at January 17, 2007 05:51 PM
The screen name "jj" links to asdf@asdf.com, which is a filler email address. The writer has chosen to conceal his identity in this way.
Posted by: dchamil at January 18, 2007 08:14 AM
Here I am, in the flesh, jj/asdf@asdf.com (yeah I just needed to post some filler to get this comment posted).
My real name is Phil Newkirk. My email is philnewkirk@gmail.com and my website is http://bodemillerjokes.blogspot.com.
Please, I urge you to read the press statement -- check it out on my blog, where it is formatted correctly. These men are going to jail for 23 years because their stories are not true.
Thanks for reading!
Posted by: bodemillerjokes at January 18, 2007 02:13 PM
From today's daily press briefing by White House spokesman, Tony Snow:
Q If not a pardon, will the President at least meet with these lawmakers to hear these concerns? Will the President get involved himself?
MR. SNOW: I don't know about that. I mean, the President has heard the concerns. One of the things that we think is important is that the lawmakers, as they look at the case, need to look at the facts of the case. This is somewhere where, in a very real way, people have created a narrative that is simply not supported by, again, what was presented under oath at the trial. And if they took a look at that, my sense is that they would take a much different approach to this particular incident.
Sorry guys, just give up your whinefest regarding the two ex-BP agents.
Posted by: bodemillerjokes at January 18, 2007 05:57 PM
