Eight Texas Congressmen Seek Pardon For Convicted Border Patrol Agents

Eight Republicans from the Texas Congressional Delegation have joined 48 other members of Congress in signing a letter asking President Bush to pardon two Border Patrol agents convicted of shooting an alleged drug smuggler earlier this year.

Ted Poe (R-Humble), Michael Burgess (R-Highland Village), Joe Barton (R-Ennis), John Culberson (R-Houston), Jeb Hensarling, Sam Johnson (R-Plano),  John Carter (R-Round Rock) and Shelley Sekula Gibbs (R-Clear Lake) are the signatories from Texas. Others may have signed as well, but if they have, I couldn’t decipher their penmanship on the letter (.pdf).
In a press release, Poe said the government is on the “wrong side of the law:”

“It seems to me the U.S. government is on the wrong side of the law. The battle on the border is growing more violent everyday and our law enforcement officials need to know that they have the full support of the U.S. government in enforcing our immigration laws. It is appalling to me that our own government would give immunity to an illegal drug smuggler in their effort to prosecute these two brave young men who were simply doing their job – protecting the dignity of our borders and our country. I urge President Bush to extend a full pardon to both of the agents.”

I didn’t locate any press releases about this on the sites of any of the other Texans who signed the letter. If I missed it, email me the link (tips@capitolannex.com)

While I believe it remains the law that the President may pardon whomever he desires at any time he wants to, I’m not sure how effective this letter will be. For one thing, check out some of this information on presidential pardons from The Pardon Resource Center:

No petition for pardon should be filed until the expiration of a waiting period of at least five years subsequent to the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years subsequent to the date of the conviction of the petitioner.

In some cases, such as those involving violent crimes, violation of narcotics laws, gun control laws, income tax laws, perjury, violation of public trust involving substantial sums of money, violations involving organized crime, or other crimes of a serious nature, no petition should be filed until the expiration of a waiting period of seven years.

The waiting period may be waived in cases of aliens seeking a pardon to avert deportation.

Generally, no petition should be submitted by a person who is on probation or parole.

I would assume, for such a request to actually be considered seriously, the agents would have to request the pardon personally. However, as I said, I think the President can pardon whomever he desires, but doubt he’ll do so on the request of 48 members of Congres.

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