Congressman McCaul's Letter to the President
Letter
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
CONGRESSMAN McCAUL'S TIMELINE OF EVENTS INVOLVING RAMOS AND COMPEAN
Beginning in early September 2005, at my direction, Homeland Security Investigations Subcommittee staff contacted the Inspector General's office at the Department of Homeland Security seeking information directly relating the investigation of Agents Ramos and Compean. The IG initially responded there would be no comment regarding the investigation. In subsequent communication from the IG congressional liaison, the IG's office initially attempted to refer all inquiries to the Public Affairs Office, USAO for the Western District of Texas. The Subcommittee then contacted the district court requesting the trial transcript, but was informed no transcript was available.
During the week of September 18, 2006, again at my direction, Investigations Subcommittee staff formally requested the DHS IG to brief, in person, me and Reps. Poe, Culberson and Marchant on all relevant information regarding the Ramos and Compean investigation.
On September 26, 2006, the Deputy IG and Assistant IG for Investigations briefed me and Reps. Poe, Culberson and Marchant. The briefing focused on the IG's Report of Investigation (ROI), case background and alleged actions of Agents Ramos and Compean on February 17, 2005 in Fabens, Texas.
During the briefing to these Members, DHS IG's office asserted the following:
1. Ramos & Compean confessed to knowingly shooting at an unarmed suspect. Again - they claim the two agents KNEW he was unarmed when they fired their weapons.
2. Ramos & Compean stated during interrogation that they did NOT believe the suspect was a threat to them at the time of the shooting.
3. Ramos & Compean stated that day they "wanted to shoot a Mexican".
4. Ramos & Compean were belligerent to investigators.
5. Ramos & Compean destroyed evidence and lied to investigators.
The DHS IG stated the Report of Investigation (ROI) would substantiate the statements made at the September 26, 2006 meeting; and it would be released the first day post-sentencing of the Agents, October 23, 2006. The DHS IG said these statements were made to IG investigators during their investigation and they possessed substantiating documentation. To date, DHS IG has provided no material substantiating these claims.
Subsequent to the DHS IG briefing on September 26, 2006, the following actions were taken by my personal office and Investigations Subcommittee staff:
The week of October 6, 2007, at my direction, Investigations Subcommittee staff and my Chief of Staff began discussions with the Judiciary Committee Immigration Subcommittee regarding the status of the Judiciary Committee's investigation and urged the Committee to exercise their oversight and officially request the trial transcript from DoJ.
October 17, 2006, Judiciary Chairman Sensenbrenner formally requested the trial transcript from DoJ.
October 17, 2006, my office requested Nancy Scott-Finan and/or Rebecca Seidel (Deputy Assistant AG's at DOJ) to provide any information available post sentencing, specifically trial transcripts and sworn statements by the Agents. DoJ responded they can provide some testimony, but not that of Ramos or Compean or their sworn statements.
Friday, October 20, 2006, Agents Ramos and Compean were sentenced to 11 and 12 years, respectively, at a federal penitentiary.
Monday, October 23, 2006, the first day post sentencing, at my direction, the Investigations Subcommittee requested the IG Report of Investigation (ROI) and substantiating documentation to their claims made September 26. DHS IG declined to release the ROI due to an expected appeals filing, despite earlier promises to release the report at this time. The same day, a letter from the Investigations Subcommittee was sent to DHS IG formally demanding the IG substantiate to the Committee their assertions made on September 26 to Reps. McCaul, Poe, Culberson and Marchant and citing their refusal to do as unacceptable.
October 27, 2006, DHS IG Skinner sent an official DHS response to the subcommittee's formal demand. The Letter states the ROI is still being finalized, and the ROI also deals with potential disciplinary action against 9 other border agents and cannot be released until the CBP concludes its investigation. (letter attached)
November 1, 2006, Investigations Subcommittee staff contacted Judiciary Committee staff to discuss status of investigation. Judiciary Committee staff sent an email request to DoJ for an expedited trial transcript. They were told they would receive it in two weeks.
The week of November 3, 2006, my office again requested DHS IG provide substantiating information to the meeting held September 26, 2006. DHS IG said it made a mistake in telling the Members they would get the information immediately post sentencing and due to the potential appeals and disciplinary action against other CBP agents DoJ will need to review the ROI and it would be at least 3 more weeks before any information can be provided.
November, 27 2006, at my direction Investigations Subcommittee staff again contacted DHS IG to demand production and release of the ROI. The IG stated that the ROI was under review by CBP and DOJ declined their opportunity to review the ROI. The Subcommittee staff was told that the CBP was reviewing the ROI to determine whether to take disciplinary action against other agents at the scene on February 17, 2005 for failure to report the facts accurately. The Deputy IG anticipated their review would be completed by Dec 18, but he said that date could slip, again. He said he would keep the Subcommittee apprised of any new developments.
December 18, 2006, Investigations Subcommittee staff again contacted the Deputy IG regarding release of the ROI. The Deputy IG stated the ROI was still under CBP review, but would notify the Subcommittee as to status of its release the following week.
The week of December 22, 2006, no status report was received by Subcommittee staff regarding the ROI.
January 12, 2007, I spoke personally to DHS IG Skinner, and again, demanded the ROI and information substantiating their claims made in September to Members of Congress. The DHS IG's response was the ROI would not be produced due to the ongoing investigation and pending disciplinary action against other CBP agents involved in the incident. DHS IG informed me I would now need to file a FOIA request and obtain a waiver from both Ramos and Compean to get the ROI and information substantiating their claims made in September. DHS IG further explained to me that, since my Chairmanship expired due to the change in the majority and the 110th Congress beginning, my previous request is no longer being considered.
January 16, 2007, Ramos and Compean were denied requests for bond during appeals process.
January 17, 2007, my office made repeated request for trial documents from US District Court for the Western District of Texas in El Paso.
January 17, 2007, my office sent a FOIA request to DHS IG's office for the ROI and substantiating information to their claims made September 26, 2006.
January 17, 2007, my office requested, again, in writing, that DHS IG meet with Members of Congress to provide the ROI and substantiating information to their claims made September 26, 2006.
January 18, 2007, I spoke personally to DHS Secretary Chertoff to express my disbelief and anger that DHS IG has made potentially misleading claims to Members of Congress and not provided substantiating documentation as promised. Secretary Chertoff agreed to personally speak to IG Skinner.
January 19, 2007, I wrote a formal letter to Secretary Chertoff asking for a copy of the Inspector General's report as well as all documents prepared by or in the possession of the Inspector General's office which were introduced as exhibits in the Ramos and Compean trial, including statements made by Ramos and Compean to Inspector General investigators and affidavits by Inspector General investigators.
February 7, 2007, I examined Inspector General Skinner in front of the House Homeland Security Management, Integration and Oversight Subcommittee where IG Skinner stated that the statements made during the September 26, 2006 meeting were not in the Report on Investigation and in fact were not true. IG Skinner regretted that we had been misled.
February 14, 2007, I formally requested by letter that IG Skinner immediately and thoroughly investigate the circumstances leading to his office misrepresenting facts to Members of Congress and his refusal to produce the ROI promptly. I also demanded copies of any correspondence between DHS and the Mexican Consulate and information on how IG Skinner was going to hold his employees accountable for misleading Congress.
February 14, 2007, I requested the new Chairman of the Homeland Security Management, Oversight and Investigations Subcommittee hold a hearing on the Ramos and Compean case and the misrepresentations made to Members of Congress.
March 6, 2007, I signed a letter to Speaker Pelosi and Chairmen Conyers, Thompson, and Waxman asking for hearings to be held on the Ramos and Compean Case.
April 23, 2007, I wrote a letter to President Bush asking him to either pardon or commute the sentences of former BP Agents Ramos and Compean.
May 9, 2007, I introduced H.R. 2249 and 2250 to prohibit any funds from being awarded in a civil case brought by Aldrete-Davila for his injuries and amending the Federal Tort Claims Act to prevent future frivolous lawsuits.
July 31, 2007, I attended a hearing of the Subcommittee on International Organizations, Human Rights, and Oversight of the House Foreign Affairs Committee and questioned Charles S. Shapiro, the Principal Deputy Assistant Secretary in the Bureau of Western Hemisphere Affairs at the U.S. Department of State about contacts between the Mexican and American governments regarding the prosecution of the Border Patrol agents. I also questioned T.J. Bonner, the President of the Border Patrol union as well as David L. Botsford, appellate counsel for Ramos about the effect the prosecution has had on Mr. Ramos and the morale of Border Patrol Agents in general.
April 25, 2008, after Aldrete Davila pled guilty to trafficking other loads of drugs, I sent another letter to President Bush asking for him to immediately commute the sentences of the two former border patrol agents.
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