January 19, 2009
Two El Paso Border Patrol agents who became a right wing cause when they were sentenced to prison for shooting a man later convicted of drug smuggling got half of what they wanted Monday from President George Bush.
The president, on his last full day in office, commuted the sentences of former agents Jose Compean and Ignacio Ramos. The Associated Press reported that they would be freed from prison at some point over the next two months.
They did not receive full pardons, something their families and various right-wing politicians and talk show hosts had been pushing since they were sentenced.
In El Paso, talk show host Paul Strelzin, one of the first people in the nation to raise the issue of their sentences, said that the commutation was as far as Bush was willing to go for a few reasons.
"He appointed (U.S. Attorney Johnny) Sutton. This was his friend who led the charge against Ramos and Compean," Strelzin said. "If he pardoned them, he would be saying to Johnny Sutton, 'you did the wrong thing.' "
Sutton issued a statement later in the day: "Like the trial judge and the court that reviewed the cases on appeal, President Bush found that Compean and Ramos were justly convicted of serious crimes and that their status as convicted felons should remain in place.
"After careful thought and deliberation, President Bush has concluded that Compean and Ramos have been sufficiently punished, and that the remainder of their terms should be spent on supervised release. I have only the highest respect for the President’s decision to allow their convictions to stand, but to reduce the time they must spend in prison."
A FOX News report stated that Bush has been "cautious" with his use of pardons and commutations:
Bush has been cautious in his use of pardon powers, and particularly careful when it comes to commutations of prison terms. A pardon is an official forgiveness of a crime (typically requested at least five years after the completion of a prison term); a commutation is a reduction of sentence.
Before Monday, Bush had granted 189 pardons and nine commutations. By comparison, President Clinton granted 396 pardons and 61 commutations, many on his last day in office. President Reagan granted 393 pardons and 13 commutations. [link]
Strelzin said the important thing was to get the two men to their families.
"They want these young men out. They have children. They want them to grow up knowing their fathers," Strelzin said. "I think having them come home is wonderful. I wish they were home for the holiday season
"They served long enough. I never said they didn't do something wrong, but their sentences were so harsh."
In July, 2007, U.S. Rep. Silvestre Reyes called upon Bush to commute the sentences. [link]
Reyes also signed letters in October and last week requesting commutation.
He argued that while they deserved prosecution for shooting the man who appeared to be fleeing, and not reporting it properly, they were sentenced under mandatory guidelines that forced excessive penalties.
Those guidelines, 18 U.S.C. 924(c), carry a 10-year mandatory minimum sentence for using a gun in commission of another crime.
Those guidelines were applied after the agents declined a plea deal that, ironically, would have given them a sentence similar to what they will have ended up serving once they are released.
Reyes issued a statement Monday: "The President made the right decision in commuting the sentences of Ignacio Ramos and Jose Compean. As a former Border Patrol Sector Chief, I do not condone the actions of these two men, but I believe the mandatory 10-year sentencing guidelines used in this case were excessive.
"Former agents Ramos and Compean have already served two years in prison -- losing their freedom and their careers. I, along with other Members of Congress, urged the President to issue this commutation, and I applaud him for making this decision before leaving office.”
While right-wing activists and politicians led the charge for a pardon, many Democrats also pushed for either a pardon or commutation. Also in July 2007, U.S. Sens. Diane Feinstein and John Cornyn (California Democrat and Texas Republican, respectively), signed a letter seeking commutation. [link]