White House spokeswoman Dana Perino says if former U.S. Border agents Ignacio Ramos and Jose Compean want, they can ask the president for clemency.

Her comment came in response to a question from Les Kinsolving, WND's correspondent at the White House.

"[U.S.] Sen. [John] Cornyn has said that the president 'must step forward and commute their sentences. It's clear that Ignacio Ramos and Jose Compean will not receive the relief they deserve. It is incomprehensible to me that an illegal alien, drug smuggler was allowed to violate his immunity agreement, perjure himself and be granted a series of unlimited visas.' And my question, first question: Does the president believe the Republican senator from Texas is wrong?"

(Story continues below)

Perino responded: "All I would do … is point you back to what we have said before, which is 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.

"And I would also point you to the U.S. Court of Appeals, who just recently ruled on that decision. I would encourage you to take a look at it," she said.

Monica Ramos embraces her husband, former U.S. Border Patrol agent Ignacio Ramos, two days before he was sentenced to 11 years in prison (Courtesy El Paso Times)

That ruling, from the 5th U.S. Circuit Court of appeals, affirmed much of the sentences for the two agents, reversing a minor obstruction of justice count.

Ramos and Compean are serving 11- and 12-year prison sentences, respectively, after a jury convicted them of violating federal gun laws and covering up the shooting of a drug smuggler as he fled back to Mexico after driving across the border with 743 pounds of marijuana in February 2005. U.S. Attorney Johnny Sutton's office gave the smuggler, Osbaldo Aldrete-Davila, immunity to serve as the government's star witness and testify against the border agents.

The agents were convicted of assault, discharge of a weapon in the commission of a crime of violence, tampering with an official proceeding and deprivation of civil rights.

The court affirmed all convictions except for tampering with an official proceeding, which it vacated and remanded for resentencing.

The bulk of their sentences, however, stem from a mandatory 10-year minimum sentence imposed by Congress for anyone convicted of discharging a weapon in the commission of a crime. Only a reversal of that count could remove 10 years from their sentences.

The last remaining level of appeal for Ramos and Compean is the U.S. Supreme Court.

The families of the former agents were devastated upon hearing the decision, and Joe Loya, father-in-law to Ramos, told WND the families intend to pursue that appeal.

Rep. Ted Poe, R-Texas, told WND the appellate court in New Orleans made a "bad decision" in siding with the word of a now-convicted drug smuggler rather than the two Border Patrol agents.

Poe, deeply disappointed and clearly upset by the appellate court decision, told WND he would encourage Ramos and Compean to have their lawyers make a further appeal to the U.S. Supreme Court.

Poe said he plans to introduce legislation immediately to clarify Section 924(c) – the sentencing enhancement, because, "It was never the intent of the Congress to have U.S.C. Section 924(c) apply to law enforcement officers."

"For the most part, the trial of this case was about credibility," the court wrote in its unanimous decision, "and although the jury could have gone either way, it chose not to believe the defendants' version of the crucial events of February 17. The trial of the case was conducted fairly and without reversible error."

WND previously reported the prosecuting attorney, U.S. Attorney Johnny Sutton in El Paso, Texas, had allowed Aldrete-Davila to testify against Ramos and Compean despite Department of Homeland Security investigative reports tying the smugger to what became known as the "second load." Aldrete-Davila allegedly smuggled another 750 pounds of marijuana into the U.S. in October 2005, while he had been granted a DHS-issued border pass card and immunity to testify at the agent's trial.

District Judge Kathleen Cardone at the trial ruled the defense was not allowed to present the jury with any information about the second load, and Aldrete-Davila was shielded from questions about it.

WND also reported that at the trial, prosecutors allowed Aldrete-Davila to testify he was an inexperienced drug smuggler who only committed the one offense, because he had lost his commercial drivers license in Mexico, and his sick mother needed medicine he could not afford to buy.

But the appeals court said, "The exclusion of evidence relating to the size of the marijuana load and Aldrete-Davila's alleged involvement in drug-trafficking events of October 2005 did not violate the defendants' Sixth Amendment rights to present a complete defense nor did it deny them a proper cross-examination of a witness against them."

Aldrete-Davila later has since pleaded guilty to a number of charges and is awaiting sentencing.

 

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Previous stories:

Border agent convictions upheld by court of appeals

What did government promise drug smuggler?

New ethics complaint targets Ramos-Compean prosecutor

'Ramos, Compean must ask for clemency'

Call renewed for pardons for border agents

Pardon me: Bush blasted for ignoring border agents

'Free agents by Christmas' plan gains momentum

House resolution wants Ramos, Compean freed

Another win for border agent who struck illegal

Feds admit smuggler lied in Ramos-Compean case

Jailed border agents plead for new trial

Rights 'denied' Ramos, Compean

Ramos, Compean feared for their lives

Drug smuggler arrested for 2nd marijuana load

'Pardon Ramos and Compean now!'

Arrest prompts call for release of Ramos, Compean

Bush won't get involved in Ramos, Compean review

Lawmaker: Terrorists treated better than Ramos, Compean

Texas deputy freed from prison

Jailed Texas deputy scheduled for release

Gil Hernandez 'fears for his life'

Border Patrol agent vindicated

Sheriff sees pattern in border agents' cases

Feds seeking 7 years for another Texas cop

Justice urged to release Ramos-Compean documents

Records prompt call for new Ramos-Compean trial

Congressman: Bush 'doesn't give a damn'

Cop called 'double agent' in Ramos-Compean case

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Sheriff: Deputy prosecuted by Mexico's demand

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Smuggler's 2nd drug case confirmed by accomplice

Ramos attorney calls for mistrial

Smuggler's 2nd delivery of marijuana confirmed

Congressman: Probe Mexico's role in prosecutions

Mexico demanded U.S. prosecute sheriff, agents

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How cozy was Border Patrol with smuggler?

Border Patrol agents fired for changing testimonies

Drug smuggler left cell phone in van

Border-agent investigator had tie to smuggler

Author of DHS border-agent report lied to Congress

Officials urged to resign for lie about border agents

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