the Right Angler
The primary function of the Federal Government is to protect its citizens. Recently, there have been two disturbing incidents on the Mexican-American border that call into question our Government’s ability or will to do this.
First off, a National Guard outfit from Tennesee was confronted by a heavily armed band of outlaws along the Arizona-Mexican border in U.S. territory. The outlaws appeared to be attempting to surround the observation post and at one point came within 35 feet of the National Guardsmen. That’s right, a group of foreign invaders crossed the border into our country and displayed aggressive behavior toward our troops. Can you guess what happened next? Well, you’re wrong. Our troops, the National Guard, ran away to get the border patrol. You did read that correctly, our National Guard ran away from the very people they are purportedly there to protect us against. Now they had a very good reason for running away: they are not authorized to fire upon foreign invaders unless fired upon first. Note to foreign invaders: You get the first shot. Republican Arizona state Rep. Jerry Weiers weighed in on the strategy: “My true, my real, true, honest concern here is that we don't return fire until we have been fired upon, and by then we have probably lost a life." Needless to say, the incident has members of the National Guard assigned to the border shaken. "I didn't think they were going to get that bold," said Sgt. Samuel Perez of Savannah, Ga. "It's kind of been chilling that somebody is going to be that crazy." Crazy or just unafraid of the toothless, window dressing on the border that is the National Guard. Not to worry though, our government took this incident very seriously, they pushed up hostage crisis training for the Guardsmen. Lesson One: How not to offend your captors.
Disappointed? Wait until you read this: Border Patrol Agents: Ignacio Ramos and Jose Compean were guarding the border near El Paso, Texas in January 2005 when they stopped a suspicious van that turned out to be carrying 743 pounds of marijuana. The driver of the van, drug-smuggler Osvaldo Aldrete-Davila, immediately fled and the agents gave chase. At one point, Aldrete-Davila stopped and appeared to reach for a weapon, Agents Ramos and Compean drew their weapons and fired shots at the smuggler who escaped through the brush back into Mexico. Job well-done, right? Wrong.
It turns out that the drug-smuggler was allegedly shot once in the buttocks by the agents and because the agents had not checked the van before they gave chase, they violated Aldrete-Davila’s civil rights. Tipped off by the Department of Homeland Security, who was tipped off by the mother-in-law of another border patrol agent, who was tipped off by the mother of the actual drug-smuggler (true story), United States Attorney, Johnny Sutton, chose to prosecute them. He brought back Aldrete-Davila from Mexico, gave him top-notch free medical care and full smuggling immunity in exchange for his testimony against the Border Patrol agents. Please read that again. Sutton claims that Ramos shot an unarmed man as he ran away and then both men covered up the incident by not filing a full report. Ramos and Compean did not believe that the drug-smuggler had been shot, and though they admit they didn’t report firing their weapons, they did give a prompt oral report to their supervisors who were on the scene shortly after the incident. By the way, failing to make a full report is not a crime, it merely warrants an internal disciplinary action. Regardless, even though there were factual discrepancies between the agents and drug-smuggler’s version of events, U.S. Attorney Johnny Sutton moved forward, choosing to believe a drug-smuggler enticed with full immunity over two border patrol agents, one a former navy man and the other a former candidate for Border Patrol Agent of the Year.
So, what did Sutton have to base his case on: the testimony of a reputed drug-smuggler, a statute that was intended to increase the sentence for violent criminals and the policy that border agents are not allowed to pursue suspects without supervisor approval (sound familiar). Long story short, Agents Ramos and Compean were found guilty of discharging a firearm in connection with a violent crime and sentenced to 11 and 12 years in prison. Thankfully, the attempted murder charge that Sutton tried to make stick was thrown out.
“This is the greatest miscarriage of justice I have ever seen," said Andy Ramirez of the nonprofit group Friends of the Border Patrol. "This drug smuggler has fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."
Since the trial, there have been several disturbing revelations: 1. The U.S. department of Homeland Security has admitted that its official lied to Congressman in claiming that Ramos and Compean had confessed, lied, destroyed evidence and admitted that they did not believe that the smuggler was a threat. 2. A few days before the trial began, Aldrete-Davila, the same drug-smuggler, was caught bringing a second van carrying 1000 lbs. of illegal drugs but was not arrested so as to preserve the integrity of the government’s star witness. 3. Judge Kathleen Cardone sealed the record of the second van and kept from the jury Aldrete-Davila’s confession that he and his friends had considered a “hunting party” to go shoot border patrol agents. 4. Three jurors have come forward and said that they were coerced by the jury foreman to vote guilty. 5. The government has not released a transcript of the trial, so Ramos and Compean have not been able to start their appeals process.
The White House and U.S. Department of Justice have refused requests for a Presidential Pardon from 55 Members of Congress and U.S. citizens who have sent over 160,000 petitions. The standard response is that the agents got a fair trial and that U.S. Attorney Johnny Sutton is a close, personal friend of President Bush. This response is as weak as their border enforcement policies. What conclusion can we draw form these incidents other than that our government does not take border enforcement seriously and that by establishing weak and ineffective policies that tie the hands of the brave Americans that put their lives on the line every day, they are endangering the lives of not just the Border Patrol Agents and the National Guardsmen, but every American. By the way, despite his pitiful performance as a drug-smuggler, Osvaldo Aldrete-Davila is doing just fine. While Border Agents Ramos and Compean sit in prison, he is in the process of suing the United States Government for $5,000,000 for violating his civil rights. You can read all about it when he publishes his book.
