Excerpt
Miserable Mexican government tried to keep Ramos and Compean jailed
Lou Dobbs Tonight -- CNN -- January 21, 2009
[...]
Lou Dobbs: President Bush this week commuting the prison
sentences of former Border Patrol agents Ignacio Ramos and Jose
Compean. We on this broadcast have been reporting on this gross
miscarriage of justice against these agents and their families for
years. In this outrageous miscarriage of justice, Ramos and Compean
were convicted of shooting a Mexican illegal alien drug smuggler who
prosecutors both claimed was unarmed and to whom they gave immunity
for his testimony against those agents.
The Justice Department, in giving the illegal alien drug smuggler
immunity also sought to seal and succeeded in sealing evidence that
many consider exculpatory against those agents. And as Casey Wian
now reports after spending nearly two years behind bars these agents
have to wait two more months to win their release.
(BEGIN VIDEOTAPE)
Casey Wian: And not everyone is applauding their impending
release. At a news conference this week, Mexico's Deputy Secretary
of Foreign Relations Carlos Rico (ph) said, quote, "this is a
message of impunity, it's difficult to understand." He also
acknowledged that Mexican officials had lobbied hard to prevent the
former Border Patrol agent's release. Lou.
Lou Dobbs: A message of impunity, what in the world could he
have meant by that?
Wian: I guess he's trying to get across the idea that if
these agents were released from prison, it's going to give a license
to other Border Patrol agents to shoot unarmed Mexican illegal
aliens anytime they want to, which of course is a ridiculous notion.
It's amazing that the Mexican government would criticize the Bush
administration for finally releasing these two men who have served
two years in prison. I think you'll remember the case of Border
Patrol agent Luis Aguilera (ph) who was killed last year. The
Mexican government released his alleged murderer on bail and we
don't know where he is, Lou.
Dobbs: And they did so with impunity, I believe would be the
word, according to the deputy foreign minister. But further at issue
here is whether or not that drug smuggler was in point of fact armed
or unarmed. Secondly, no question that he was a blatant and
professional drug smuggler, third, the claims that he has been armed
in previous drug runs.
Fourth, the fact that the evidence that was -- that he was in point
of fact a professional drug smuggler was sealed from the jury. This
is a gross miscarriage of justice. And now we hear from the Mexican
government what we have suspected and what we have been reporting on
this broadcast for two years now, that Mexican government direct
interference with the U.S. government is the reason these two men
went to prison.
This is blatant. It is disgusting and for the government to act with
such impunity and for their deputy foreign minister to come up with
this position today is all the more galling.
Wian: Yes, Lou, and it also reminds me -- and I'm sure you'll
remember back in 2006 when the Department of Homeland Security's
inspector general was Richard Skinner (ph), some of his officials
went over to meet with members of Congress to address their concerns
about the prosecution of these two agents.
Those Department of Homeland Security officials told members of
Congress in a private meeting that they had evidence that these two
Border Patrol agents said that they were out to shoot some Mexicans.
That later proved not to be true. And the inspector general had to
apologize to those members of Congress. It now seems like it's
likely we know where that notion came from, Lou.
Dobbs: Richard, to put it more directly, Richard Skinner (ph)
lied through his teeth to United States congressmen. He, to go back
to the word of the deputy foreign minister of Mexico, he lied with
impunity and he carried out, in large measure, this gross
miscarriage of justice. In fact, the Department of Homeland
Security, with the behest of the Mexican government, it now appears,
led the investigation against these two agents, which is highly,
highly irregular, rather than the Justice Department, correct?
Wian: Absolutely. You know, we asked Congressman Walter Jones
of North Carolina, who's been involved in this case since the very
beginning, trying to get these agents freed, what he thought of this
admission by the Mexican foreign ministry, that they've been
actively lobbying to keep these agents in jail, and he said, tell
the Mexican government to keep the drug smugglers on their side of
the border.
Dobbs: Casey, thank you very much. We're going to be
following this story rigorously and, yes, relentlessly. Until this
story is concluded with what we hope will be a very happy ending for
these border patrol agents, their families and, frankly, this
country. This is an extraordinary, an extraordinary development, the
statements of the deputy foreign minister of Mexico, and the fact
that it appears quite clear now that the Bush administration if his
statements are true, that the Bush administration was nothing more
than a witting tool of the Mexican government, a deplorable
development. Thank you very much, Casey. We look forward to your
reporting on this until the days and weeks ahead. Thank you.
We'll have much more on this important story here in just a few
moments when I'm joined by Monica Ramos and Patty Compean, the wives
of the former border patrol agents now in prison. We'll be talking
as well with the attorneys who are fighting for their release and
fighting to clear these agents' names.
We also want to know what you think about all of this. Our poll
question tonight is pretty straight forward. Do you think there
should be a full investigation of the administration of George W.
Bush for putting the interests of Mexico ahead of those of two
agents defending our border? Yes or no? We'd like to hear from you.
Cast your vote at LouDobbs.com. We'll have the results here later in
the broadcast.
Up next, the latest on Caroline Kennedy's decision to drop out of
the race for the U.S. Senate. That's right, you heard me, breaking
news, Caroline Kennedy has, according to "The New York Times," just
informed Governor David Paterson of New York she no longer wants to
be considered for the seat vacated by now Secretary of State Hillary
Clinton.
Also, will President Obama be implementing his promise to withdraw
all our combat troops from Iraq within 16 months? Three top
political analysts join me here next. We'll be right back.
(COMMERCIAL BREAK)
Dobbs: Former President Bush commuted the prison sentences of
Ignacio Ramos and Jose Compean Monday. But both former border patrol
agents remain in prison tonight. Joining me now, the wives and the
attorneys of these two men. In Phoenix, Monica Ramos joins us.
Monica, great to have you with us. In El Paso, Patty Compean. Patty,
thank you for being with. In Austin, David Botsford, he's appellate
attorney for Ignacio Ramos. And in Dallas, Edgar Mason and Bob
Baskett, they're the appellate attorneys for Jose Compean.
Gentlemen, thank you for being here.
Let me turn first to Monica and Patty. Monica, you met with your
husband today. How is he?
Ramos: You know what, he's been in the best spirits I've ever
seen him. I mean, you can only imagine, each visit that I've come to
see him, it's been about, you know, OK, we have this many weeks left
of your incarceration. And it was unbelievable, his spirits, he's
just so excited. And today became about the countdown now when he
comes home.
Dobbs: Monica, if I may say, I think I see a sparkle in your
eyes that I haven't seen for a couple of years now, and it is
wonderful to see. Patty, first of all, congratulations. I know that
this is only one more step in ending what has been a horrible trial
for you, your family. And how does your husband feel right now,
knowing still he apparently will have to wait weeks before he's
finally released?
Patty Compean, wife of Jose Compean: That doesn't matter to
him. I think right now what he's holding onto actually -- no, I know
what he's holding on to the fact that he will be home and we
actually have a date now, where before we didn't have anything. So
he's very happy and very excited.
Dobbs: We're very excited for him, for Ignacio Ramos, and for
your families. Let me turn to Mr. Botsford. Why aren't your clients
being released now, as best you can figure, and what are the
prospects that you can accelerate this process?
DAVID BOTSFORD, APPELATE ATTORNEY OF IGNACIO RAMOS: Well,
in the first instance, president bush said that the commutation was
effective 60 days out. He could have done it immediately as he did
for Scooter Libby. He could have done it for as long as 180 days as
he did for one of the other commutee grantees. But he said 60 days
for whatever reason. I have no earthly idea.
Now the Bureau of Prisons can release both of these gentlemen to a
halfway house or do essentially whatever they want to because when
they walk out of the prison, whatever day that is, they're under
three years of supervised release, kind of a probation after their
jail time.
So they'll be monitored and have to report to probation officer.
That could begin as soon as the warrants of clemency are received by
Ignacio and Jose, signed and the receipt sent back to the pardon
attorney in Washington.
Dobbs: Ed Mason, Bob Baskett, I want to read, if I may, U.S.
attorney Johnny Sutton, his statement following the announcement of
the commutation. And if you could, let's put this up on the screen
for everyone.
"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 their status as convicted felons
should remain in place."
He did indicate that he agreed the sentences should be reduced. Are
you -- are you first surprised, are you satisfied, that at least
that concession was forthcoming from -- from the former U.S.
attorney of the western district of Texas?
BOB BASKETT, JOSE COMPEAN'S APPELLATE ATTORNEY: I'm not,
because he had indicated that he felt that way before, and though I
wasn't privy to his conversations with the president, and I'm sure
the pardon attorney asked for his input, it doesn't surprise me that
he's willing to say that the sentences were excessive.
Dobbs: Can you all get -- can you get this thing accelerated?
Because American people are sitting here right now, hundreds and
hundreds and hundreds of thousands of people have made their views
known on this case. We have seen more ridiculous and absurd
statements made about this case. The magnitude of this miscarriage
of justice has grown over the years, rather than diminished. What
are the odds that we can see this thing -- the Bureau of Prisons
respond humanely, intelligently and justly and get these people out
of jail?
Baskett: Well, I sent them a request today for information
about how they were going to treat this. I think they probably would
have had more than 100 days of good time credit built up already
after two years of incarceration. I don't know of any reason why
they cannot be released as soon as the paperwork is finished and the
processing is done and sent to a halfway house or perhaps even
outright released.
Dobbs: Let me ask you, Bob Baskett, David Botsford, let me
just say this. What are the odds that you can get a pardon? Is there
legal relief here for these two men so they can move on with their
lives without this hanging over them?
Botsford: Lou, there are two different avenues. Number one is
a potential pardon from President Obama, which I believe Mr. Baskett
and I and Mr. Mason, intend to pursue as soon as possible. The other
option is of course the Supreme Court. And if that's not successful,
going back into the United States District Court in El Paso to raise
the issues of the perjury by this divola, this drug smuggler, who
painted a false picture for the jury that convicted.
Dobbs: Let's be clear too, the federal court judge sealed the
very evidence that could have been exculpatory here, and of
significant interest to the jury at the very least, and could have
been determinant in their decision. But also, what about -- and let
me ask you this, Bob Baskett. The issue of the Mexican government
acknowledging direct interference in this case with the prosecutors,
with the United States government, with the Bush administration. My
god, how -- I mean this is outrageous on every level.
Baskett: Well, I think the point was made earlier that
they'll release people that kill our border patrol agents and demand
justice with impunity for somebody like agents Ramos and Compean.
EDGAR MASON, JOSE COMPEAN'S APPELLATE ATTORNEY: Lou, can I
make one point?
Dobbs: Quickly, please.
Mason: When we were there for the resentencing the night
before in Juarez, a policeman was gunned down off his motorcycle and
four people were assassinated in an SUV and I think maybe the
Mexican government ought to set its own house in order before they
start telling us how law enforcement should operate.
Dobbs: And I would be grateful if this government would
simply tend to its own matters and ignore the intrusion and
intervention of other governments. I would be satisfied with even
that. Thank you. Let me turn real quickly, Monica, your thoughts,
how -- how's the rest of your family doing? And my best to them.
Ramos: Thank you. They're hanging in there. It's very
difficult for the kids right now. I think once dad comes home is
when they're actually going to believe this. I think we just had so
much hopes along this way, you know, along the way, and now he's
finally coming home so --
Dobbs: And Patty, you get the last word here tonight.
Compean: You know, just my kids are doing good. The boys
don't know yet because my husband wants to surprise them. My
four-year- old's birthday is in March, so it's going to be a
beautiful birthday surprise. Other than that, we're all very excited
and very grateful that they're coming home.
Dobbs: Well, as are we. And our best to both of your
families. We thank you very much. Gentlemen, do your best, get those
doors open for those two men.
Baskett: Thank you, Lou.
Mason: Thank you.
Botsford: Thank you, Lou, for helping.
[...]
