Congressman McCaul's Letter to the President

President George W. Bush
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C.

Dear President Bush:

On April 23, 2007, I wrote to you about the case of former Border Patrol Agents Ignacio Ramos and Jose Compean who were sentenced to 11 years and 1 day, and 12 years, respectively, in the U.S. District Court for the Western District of Texas. These former Border Patrol agents shot Osvaldo Aldrete Davila, a drug trafficker who they were attempting to apprehend while he was transporting 743 pounds of marijuana across the U.S.-Mexico border.

Recently, it has become clear that Mr. Aldrete Davila was in fact trafficking drugs while under immunity as a cooperating witness for federal prosecutors in their case against former Agents Ramos and Compean. On Thursday, April 17th 2008, Aldrete Davila pled guilty to possession of a controlled substance, conspiracy to import a controlled substance and conspiracy to distribute for his involvement in transporting two loads of marijuana both over 740 pounds valued at approximately $1 million each. What is even more disturbing is that Mr. Aldrete Davila could serve less time in prison than former Agents Ramos and Compean.

As I have previously stated in public, the penalty levied on these former Agents is excessive and I have serious concerns regarding the prosecution of this case. In addition, their requests to remain out of prison while their appeal was pending were unreasonably denied. I believe the former Agents deserve the immediate exercise of your Executive clemency powers because to allow them to serve over a decade in prison would represent a serious miscarriage of justice.

Former Agents Ramos and Compean have now been in prison for more than a year and have had limited contact with their wives and children. Much of that time has been spent in solitary confinement and Agent Ramos was physically assaulted while serving his term. Both agents will remain incarcerated, even if their conviction is ultimately thrown out on appeal, unless action is taken quickly.

This case has also had a negative impact on other Border Patrol Agents. As we are in the process of trying to increase the number of Border Patrol Agents, this case has been devastating to the morale, recruitment and retention of those serving on the front lines in defense of our nation.

I do not believe that justice will be served by Agents Ramos and Compean spending over a decade in prison. I therefore reiterate my previous requests for you to commute their prison sentences immediately.

Sincerely,

_____________________
Michael T. McCaul
Member of Congress