Does the Bush Administration Support its Border Patrol?

Today it was reported that the 5th Circuit Court of Appeals has upheld the convictions of ex-Border Patrol agents, Ignacio Ramos and Jose Compean, who are serving prison sentences of 10 and 11 years as a result of the shooting of a Mexican drug smuggler in 2005. While the most serious charges were upheld, cover-up charges (for not reporting the shooting incident) were thrown out

I have previously written about the case and advocated that the two agents should have received a pardon. To date, they have not. I still believe they should get a pardon. From a strictly legal point of view, I was troubled by the fact that jurors were never told that the shooting victim was subsequently arrested for smuggling drugs-while he was a cooperating witness. I felt-and still do that this was information that should have been disclosed to the jury and would constitute reversible error.

The case and the conduct of the US Attorney, Johnny Sutton, who is a close personal friend of President Bush, has raised questions about the support (or lack thereof) that the Administration and its Justice Department has given to its Border Patrol. Many have charged that the Mexican Government unduly pressured the American Government to prosecute the agents.

These suspicions can only be reinforced by the latest incident, in which Border Patrol Agent Luis Aguilar was run down and killed by a Mexican drug smuggler who has been identified as Jesus Navarro Montes. The incident happened January 19, 2008. Navarro was arrested by Mexican police in northern Mexico a few days later and held on unrelated charges.

At this point, the story becomes very murky. In June, Navarro was released from jail in Mexicali when he was cleared of an unrelated alien smuggling charge, which sparked outrage on the US side, while Dept. of Homeland Security Chief, Michael Cherthof expressed shock. The question is at this point, what extradition steps were taken by the US to have Navarro turned over to US custody?

On June 25, Mexican Embassy spokesman, Ricardo Alday stated that "the US to this date, has presented neither a provisional order (request) of arrest for Mr Navarro Montes nor a formal extradition request." (LA Times June 25, 2008) On July 24, USA Today reported Alday stating to AP that the US presented a "provisional arrest request for extradition" more than a week after Navarro's June 18 release.

So what did the US Government do to request extradition after Navarro was arrested in Mexico?

Representative Brian Bilbray (R-CA), who represents an area of San Diego near the border, is pressing the Justice Department for information relative to its efforts to have Navarro extradited. In other words, did the Justice Department provide a timely request for provisional arrest and extradition request to Mexico, and if so, when?

It seems incredible that in a case involving the murder of an American agent that there would be any delay whatsoever.

Bilbray states that the Justice Department has apparently committed a huge blunder and is trying to learn the facts. It has not been easy.

White House Counsel, Fred Fielding reportedly wrote Bilbray that the White House is leaving the case to the Justice Department to pursue, but "we are watching this matter closely to ensure that justice is done." (USA Today-July 24, 2008)

Deputy Asst. Attorney General Keith Nelson reportedly wrote to Bilbray informing him that Justice "personnel were in communication with Mexican officials about this matter very soon after the death of Agent Aguilar", but that the department was unable to offer more information. (USA Today 7-24-2008)

In addition, Bilbray has been told by the Justice Department and the White House that they "were unable to offer an explanation, saying that information sought by Congress would inevitably compromise highly sensitive law enforcement investigative information."

And the US Attorney's Office in San Diego? No comment.

As a retired DEA Agent, I remember vividly in 1985 when DEA Agent Enrique Camarena was kidnapped by drug traffickers in Guadalajara, Mexico and tortured to death (with the connivance of Mexican police). The US Goverment, Justice Department and Treasury Department moved heaven and earth to find Cararena and arrest his murderers. The head of US Customs personally ordered the closing of the Mexican-US border. After the bodies of Camarena and his pilot were discovered, DEA and the Justice Department pushed the Mexican Government and police to pursue true justice. The ringleader of the gang was captured in Costa Rica and other members of the group were arrested in Mexico. Still others were prosecuted in the US.

That was under the Reagan Justice Department. What a sad contrast to today.

While I support President Bush in many areas, the whole border/illegal immigration issue is not one of them. Not only has this administration failed to secure our border, but it has not adequately supported our Border Patrol in its vital and dangerous mission.

They owe it to the public and to the Border Patrol to give a full accounting as to why extradition was not in place when Navarro was cut loose by the Mexicans.