But a recently released DHS memo dated May 15, 2005, shows that the two border guards did give a prompt, complete, oral report to supervisors, who actually were present at the Feb. 17, 2005 event. The supervisors decided not to make a written report.
Failing to make a written report isn't a crime anyway. It is merely a violation of a DHS memo stating that the penalty is merely internal disciplinary action, which is not criminal prosecution.
The big question is, why didn't the government prosecute the drug smuggler and give immunity to the border guards (who had good service records), instead of vice versa? The smuggler admitted his illegal-drug project to a Immigration Control and Border Patrol agent before Sutton gave him immunity, and the prosecutor did not bother to investigate this drug smuggling by checking the cell phone left in the smuggler's van, or by ordering a fingerprint search of the van until a month after it entered the United States, and even then didn't have it done by the FBI.
A few days before the Ramos-Compean trial began on Oct. 17, 2005, the same drug smuggler was caught bringing in a second van loaded with nearly 1,000 pounds of illegal drugs, but he was not arrested so as not to interfere with his role as star witness against the border guards. To preserve the smuggler's credibility, U.S. District Court Judge Kathleen Cardone sealed the record about the second van so it could not be mentioned at the trial, and she put the families of the defendants under a gag order not to discuss it.
The judge also kept from the jury the smuggler's confession that he and his friends had considered a "hunting party" to go shoot some U.S. Border Patrol agents.
The failure to release a transcript of the trial one year after the trial took place is an outrage that prevents Ramos and Compean from starting their appeal. Nor has any hearing been scheduled on the assertion by three jurors that they were coerced by the jury foreman to vote for a guilty verdict.
The longer President George W. Bush waits to remedy this injustice perpetrated by his two appointees, Sutton and Cardone, the more he convinces the public that the answer to our bafflement about this prosecution is that the Bush administration policy is to intimidate the Border Patrol from stopping the entry of illegal immigrants and illegal drugs.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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