DON'T REWRITE HISTORY - AGENTS WEREN'T HEROES

In the Old West, outlaw gangs would sometimes try to sidestep the
criminal justice system by busting someone out of jail. Today, that
role is being taken up by some members of Congress.

Last week, the Senate Judiciary Committee held a hearing into the
case of ex-Border Patrol agents Ignacio Ramos and Jose Alonso
Compean. The two men were convicted last year of shooting and
wounding Osvaldo Aldrete-Davila, an unarmed drug smuggler, along the
U.S.-Mexican border and then covering it up by destroying evidence
and falsifying reports. Ramos and Compean were sentenced to 11 and 12
years respectively.

That's too long a stretch in the opinion of Sens. Dianne Feinstein,
D-Calif., and John Cornyn, R-Texas. After the hearing, they sent a
letter to Bush asking him to commute the sentences.

Bush should afford the request the consideration it deserves, all
three seconds worth. Then he should crumple up the letter. When will
Congress learn that presidential pardons and other forms of clemency
are matters for the executive branch?

At a recent town hall-style forum in Nashville, Bush was asked
whether he would pardon Ramos and Compean. The president refused to
make such a promise and instead described as "a dear friend" and "an
even-handed guy" U.S. Attorney Johnny Sutton, whose office tried this
case and who hasn't had a moment's peace since. Then Bush reiterated
that "these men were convicted by a jury of their peers" and that
"people need to look at the facts."

The facts of the case haven't changed. On Feb. 17, 2005, Ramos and
Compean were on patrol on the U.S.-Mexico border near Fabens, Texas,
when they spotted a suspicious van. When they approached, they
discovered Aldrete-Davila, who began running toward the Mexican side
of the border. The agents opened fire.

Nor has there been any change in the law under which Ramos and
Compean were tried, convicted and sentenced. It's still a crime for
officers to shoot an unarmed suspect and then lie about it.

In fact, arguably, the only thing that has changed since the
ex-agents began serving their sentences six months ago is the
political climate. Many of those who want to curb illegal immigration
feel empowered now that they have had a hand in defeating immigration
reform, and they want to flex those muscles by trying to get elected
officeholders to spring Ramos and Compean.

Ironically, these are the same folks who talk about the rule of law
and how we mustn't go around rewarding lawbreakers. Their allies
include politicians such as Rep. Duncan Hunter, R-Calif., a quixotic
GOP presidential candidate who has introduced legislation calling for
a pardon of Ramos and Compean. Hunter opposed what he called
"amnesty" for 12 million illegal immigrants, yet he wants amnesty for
two former Border Patrol agents.

Is Hunter the hard-liner going soft? Or is it just that his
principles aren't as firm as he claims them to be?

This is not the first time that the former chairman of the House
Armed Services Committee has shown his sensitive side. When his buddy
and fellow Rep. Randy "Duke" Cunningham - or, as he is now known,
federal inmate No. 94405-198 - came up for sentencing, Hunter wrote a
letter to U.S. District Judge Larry Burns asking for leniency.

Cunningham collected $2.4 million in homes, yachts, antiques and
other bribes. Hunter's plea notwithstanding, the former congressman
was sentenced to eight years and four months in prison.

Hunter hopes he'll have better luck in seeking clemency for Ramos and
Compean. He and other champions of the former agents always seem to
steer the conversation toward Aldrete-Davila - a bad actor who
received immunity in exchange for testifying against the agents, and
was even given a government-issued "humanitarian pass" to cross the
border for medical treatment. According to Drug Enforcement
Administration documents, Aldrete-Davila allegedly used the pass to
bring in more drugs.

Shocking. We already knew this guy was slime. Here's the really sad
part: The ex-agents took the stand in their own defense, and yet the
jury that convicted them apparently found their testimony to be less
credible than that of the drug dealer.

Bet you won't hear that from the members of the Ramos and Compean Fan
Club. That's why they have no credibility. And members of Congress
who buy into their narrative - of hero agents who were railroaded
into prison - risk their credibility as well.