George W. Bush did precisely the right thing by commuting the prison sentences of former Border Patrol agents Ignacio Ramos and Jose Alonso Compean.
It’s not that the two men aren’t guilty. They are. From everything I’ve read about the case, and the interviews I’ve conducted with U.S. Attorney Johnny Sutton whose office prosecuted the case, it seems obvious that they’re guilty as sin. These former law enforcement officers were justly tried and convicted of shooting an unarmed Mexican drug smuggler while patrolling the U.S.-Mexican border and lying about it. For their sins and indiscretions, Ramos received 11 years while Compean got 12 years. Most of that sentence was the result of mandatory sentencing laws for crimes in which a firearm was discharged — the very sorts of laws written and approved by some of the same Republican lawmakers who all of a sudden found religion and demanded a full pardon for Ramos and Compean.
Bush refused to grant a pardon because, according to his spokesman, the president was also convinced of the former agents’ guilt. Bush thought they should “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 spokesman said, Bush also felt that “they and their families have suffered enough for their crimes.” So he commuted their sentences. Now both men are due to be released on March 20, although authorities are leaving open the possibility that the former agents could be released early for good behavior.
About this, neither the far right nor the far left is totally pleased. That’s a good sign for Bush. You can usually tell you’re on the right path in politics when you’re taking shots from the extremes. Those on the far right consider Ramos and Compean heroes who got railroaded into prison by an administration that was taking its marching orders from the Mexican government, and so they deserved a full pardon. Those on the far left see the pair as unrepentant lawbreakers who played judge, jury, and executioner with a drug smuggler, and so they deserved to serve out their full sentences without mercy.
Bush split the difference and arrived at exactly the right place. More importantly, he did so on his own timetable and on his own terms. Members of his own party, sensing the political advantage of going to bat for the jailed former agents, tried to pressure and bully him into granting a pardon. If he had done that, it would have been a huge disappointment. It would have meant that the president caved, and that is not something that Bush is known to do — not on immigration reform or Iraq or Social Security reform. And not on the fate of Ramos and Compean.
It really is stunning that the story of two former agents got sucked into the immigration debate, and that the pair became instant superheroes to anti-illegal immigration activists — some of whom are just plain ol’ anti-immigrant because what they fear more than open borders is the changing culture. This crowd turned a wrongful shooting and attempts to hide it by disposing of evidence and falsifying reports into a cause celebre. But the narrative of poor, defenseless Border Patrol agents who were victimized by politics and railroaded into prison — while convenient to conservatives — never held water.
After all, the facts are clear: 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 disappointment of congressional Republicans, right-wing bloggers, border vigilantes, and cable talk-show hosts who convinced themselves that anyone who opposed illegal immigration also had to support Ramos and Compean.
It was never that simple. And to George W. Bush’s credit, he used one of his final acts as president to drive that point home.
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