BORDER AGENTS JUSTLY CONVICTED

I was glad to see that George W. Bush commuted the prison sentences
of former Border Patrol agents Ignacio Ramos and Jose Alonso Compean.
And frankly, I was a bit surprised I was glad.

I never had much sympathy for Ramos or Compean, disgraced law
enforcement officers who were convicted of shooting a Mexican drug
smuggler and then lying about it. From studying the facts, hearing
the arguments of the agents' supporters, and interviewing U.S.
Attorney Johnny Sutton, whose office tried the case, I'm convinced
the pair broke the law and that they were justly convicted and
sentenced. Ramos received 11 years and Compean got 12. Both will be
released on March 20.

Bush was also convinced that the men were guilty. That's why he
didn't pardon them.

Meanwhile, those who want to defend the agents have to ignore the law
and several inconvenient facts. Ramos and Compean said in media
interviews that the smuggler, Osvaldo Aldrete-Davila, had a gun, but
they never mentioned the weapon in their official reports or to
fellow agents who arrived on the scene; Compean fired off 14 rounds
from an elevated position, which would have left him vulnerable if,
in fact, Aldrete-Davila had a gun; and the jury heard from Ramos,
Compean and Aldrete-Davila and found the drug smuggler more
believable than the agents.

In a stunning display of situational ethics, Ramos and Compean became
instant superheroes to anti-immigration activists. This crowd turned
a wrongful shooting (what cops call a "bad shoot") and attempts to
hide it by disposing of evidence (what most of us call a "cover-up")
into a cause celebre. For the activists - some of whom also want to
end legal immigration from Latin America and Asia because what
worries them are demographic projections that whites will soon be in
the minority - the world is simple: The country is being invaded,
and it's the job of Border Patrol agents to stop the invasion. Ergo,
these agents deserve carte blanche to do as they please even if it
violates federal law - the same rule of law the activists claim to
care so much about when they demand that we seal the border. And when
the federal government took up a prosecution against the former
agents, the activists contended, it was to appease the Mexican government.

The narrative of poor, defenseless Border Patrol agents victimized by
politics and railroaded into prison was a convenient fantasy. Afraid
of the cultural footprint left by immigrants, anti-illegal
immigration activists feel they're losing control of their country.
Pushing for the release of Ramos and Compean was a way to get it
back.

The facts were never in doubt. On Feb. 17, 2005, Ramos and Compean
were on patrol on the U.S.-Mexico border near Fabens, Texas, when
they spotted a van. When they approached, they discovered
Aldrete-Davila, who ran toward the Mexican side of the border. The
agents opened fire.

Aldrete-Davila was hit, but he got away. No gun was found but the van
was loaded with marijuana. It was only after another Border Patrol
agent heard the story and pieced together what happened that
Aldrete-Davila was located and the agents were prosecuted - to the
chagrin of congressional Republicans, border vigilantes and
right-wing talk-show hosts.

Having said that, the reason I'm glad that Bush commuted the
agents'

sentences is that the president did it on his own terms and within
his own time frame. He didn't give in to the bullying by anti-illegal
immigration forces or members of his own party. He didn't offer the
commutation for his own political benefit but instead chose to offer
it at the end of his presidency.

Besides, Bush could have gone all the way and offered a full pardon,
as the activists were demanding. Instead, he settled on a commutation
because he wanted to make clear that, according to an administration
official, "commuting (the agents') sentences does not diminish the
seriousness of their crimes." Ramos and Compean still "have to carry
the burden of being convicted felons and the shame of violating their
oaths for the rest of their lives." And yet, the official said, Bush
felt that "they and their families have suffered enough for their
crimes."

I'll second that. I would bet that Ramos and Compean have learned
their lesson and seen the error of their ways. Now if only we could
say the same about those who shamefully tried to use this unfortunate
tale to further their own agendas.