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Pardon of the PurseFollow

#1 Aug 01 2007 at 11:56 AM Rating: Good
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H.AMDT.675 to H.R.3093 wrote:
AMENDMENT PURPOSE:
An amendment to prohibit the use of funds to enforce the judgement of the U.S. District Court for the Western District of Texas in the case of United States v. Ignacio Ramos, Et Al. decided March 8, 2006; or the sentences imposed.
By a voice vote, the House has passed an amendment to an appropriations bill which would prohibit the use of funds to incarcerate US Border Agent Ignacio Ramos who was found guilty of several crimes after shooting an unarmed, fleeing drug smuggling suspect. If passed, it would effectively commute Ramos' sentence since the federal prisons would have no funding available to incarcerate him. The amendment was sponsored by Rep. Ted Poe and co-sponsored by Duncan Hunter and Tom Tancredo, all Republicans although the amendment obviously had enough bipartisan support to pass. I couldn't find a vote record to see who voted which way, presumably because it was a voice vote.

The bill has yet to clear the Senate or get signed by Bush.

So how about it? We had a couple people earlier who took grave offense to the Democrats trying to use the "power of the purse" to control the war in Iraq as a violation of separation of powers. How about a de facto Congressional commutation of a prison sentence?

Story for further reading if you're so inclinded. Apparently another agent is involved in this but I only looked for the one amendment and whether it's one guy or two is pretty academic.

Edited, Aug 1st 2007 2:58pm by Jophiel
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#2 Aug 01 2007 at 12:01 PM Rating: Decent
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Exactly how much does it cost to put an amendment through the government?
#3 Aug 01 2007 at 12:42 PM Rating: Decent
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Yodabunny wrote:
Exactly how much does it cost to put an amendment through the government?
Um, I think the cost in question is for incarcerating the guy.

But I didn't really read the article, so shoot me...or put in jail...but it'll cost ya.

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#4 Aug 01 2007 at 12:46 PM Rating: Good
Quote:
Sec. 702. None of the funds appropriated in this Act may be used to enforce--

    (1) the judgment of the United States District Court for the Western District of Texas in the case of United States v. Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) decided March 8, 2006; and(2) the sentences imposed by the United States District Court for the Western District of Texas in the case of United States v. Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) on October 19, 2006.


Hmmm interesting, Congress can of course forbid them to spend money on his incarceration. On the other hand this law actually would not force his release. One would assume that the justice department wouldn't allow the man to starve to death, but if he is already behind bars, it would not technicly force his release.
#5 Aug 01 2007 at 12:48 PM Rating: Decent
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Elinda wrote:
Yodabunny wrote:
Exactly how much does it cost to put an amendment through the government?
Um, I think the cost in question is for incarcerating the guy.

But I didn't really read the article, so shoot me...or put in jail...but it'll cost ya.



Yes, but how much does it cost to make an amendment like this? I'm just wondering if this would actually cost more than keeping him incarcerated (which I know isn't the point of the bill but would be interesting to know).
#6 Aug 01 2007 at 12:53 PM Rating: Decent
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Yodabunny wrote:
Elinda wrote:
Yodabunny wrote:
Exactly how much does it cost to put an amendment through the government?
Um, I think the cost in question is for incarcerating the guy.

But I didn't really read the article, so shoot me...or put in jail...but it'll cost ya.



Yes, but how much does it cost to make an amendment like this? I'm just wondering if this would actually cost more than keeping him incarcerated (which I know isn't the point of the bill but would be interesting to know).
I guess it could be interesting to know if you're an accountant. I haven't a clue, I suppose it depends on how much debate, language, rewrites etc, etc, are used.

But heck if Congress wasn't debating bills they'd probably be posting on forums boards somewhere...best to keep um busy.
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#7 Aug 01 2007 at 12:55 PM Rating: Good
Current cost to prison a guy is in excess of $43,000. I am guessing an amendment to a bill is probably a bit south of that. It really depends on the amount of time spent debating it in congress.
#8 Aug 01 2007 at 1:03 PM Rating: Decent
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It really depends on the amount of time spent debating it in congress.


It really depends how much lobbyists donate.
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#9 Aug 01 2007 at 1:06 PM Rating: Good
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Yodabunny wrote:
Elinda wrote:
Yodabunny wrote:
Exactly how much does it cost to put an amendment through the government?
Um, I think the cost in question is for incarcerating the guy.

But I didn't really read the article, so shoot me...or put in jail...but it'll cost ya.



Yes, but how much does it cost to make an amendment like this? I'm just wondering if this would actually cost more than keeping him incarcerated (which I know isn't the point of the bill but would be interesting to know).
Interesting that you actually see this as a cost to incarcerate vs. pardoning him without actually pardoning him. I see the reason to pass this bill is to set the man free without actually over-turning a courts decision that he was guilty of said charges. In other words, they believe he did his job and did something good, but he did it the wrong way. Sure the guy can't get a job in law enforcement anymore, but he's not going to die for ridding the world of one more scumbag.
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#10 Aug 01 2007 at 1:07 PM Rating: Excellent
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Losttroll wrote:
One would assume that the justice department wouldn't allow the man to starve to death, but if he is already behind bars, it would not technicly force his release.
I think it would. Turning the heat on, keeping the lights on, paying the water bill, making the sandwiches, etc is all funding which is being spent, in part, on Ignacio Ramos. Which would be illegal per the amendment.

That's how I read it anyway. And how I assume the members of the House who supported it read it. Even if we want to debate the logisitics of it, the over-riding point is that, successful or not, the House is attempting to assert Executive style powers via the purse in this instance.
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#11 Aug 01 2007 at 1:12 PM Rating: Excellent
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Leave it to me to ask the dumbass question, but: was the person they shot a convicted drug smuggler, or a suspected drug smuggler?

I know it makes next to no difference in the almighty Drug War, or the hot-button War on Illegal Immigration (WII, omg), but I'm just curious.
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#12 Aug 01 2007 at 1:15 PM Rating: Decent
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Sure the guy can't get a job in law enforcement anymore, but he's not going to die for ridding the world of one more scumbag.


You're not supposed to shoot the scumbag in the back before you're sure he's the scumbag in question. The primary reason he didn't end up killing an innocent person is luck.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#13 Aug 01 2007 at 1:18 PM Rating: Good
Jophiel wrote:
I think it would. Turning the heat on, keeping the lights on, paying the water bill, making the sandwiches, etc is all funding which is being spent, in part, on Ignacio Ramos. Which would be illegal per the amendment.


All of which can be turned off. Other than taking up a room in a most likely overcroweded prison, no utilities or consumables actually need to be used to dump a man in a box. I would hope our government would not do something like that over a divison of powers argument but, the list of things I hope our government wouldn't do, keeps getting shorter.

What I am getting at is that congress can indeed attempt executive defined actions, when and if they have the will, however no matter what, they are dependant on the executive to interpret and carry out said actions. Cutting off money to fund a prisoner does nothing to actually grant his release unless the exectutive interprets it in the way congress wishes, and acts on it.
#14 Aug 01 2007 at 1:22 PM Rating: Decent
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What I am getting at is that congress can indeed attempt executive defined actions, when and if they have the will, however no matter what, they are dependant on the executive to interpret and carry out said actions. Cutting off money to fund a prisoner does nothing to actually grant his release unless the exectutive interprets it in the way congress wishes, and acts on it.


No shit, Capitan Obvious. I say, Capitan, can you regal us with more of your stories of what you learned in 3rd grade Civics class?
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#15 Aug 01 2007 at 1:23 PM Rating: Excellent
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Samira wrote:
Leave it to me to ask the dumbass question, but: was the person they shot a convicted drug smuggler, or a suspected drug smuggler?
The article just said "drug smuggler" but I assumed that, whatever his past career may have been, if the law was chasing him it was for crimes for which he had not yet been tried and found guilty. I'm not sure though.
Losttroll wrote:
All of which can be turned off.
Can they? I'm not intimately familiar with the utilities hookup for a prison cell but I wouldn't assume that they can independently control the heat, water, lights, etc for every cell without being sure.

They could take the time to cut off the ducts, pipes, wires, etc to hi--- well, no. That would require funding to be spent on him. See my point? It would also almost certainly be a violation of his 8th Amendment rights.

Edited, Aug 1st 2007 4:25pm by Jophiel
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#16 Aug 01 2007 at 1:25 PM Rating: Good
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Am I the only one who thought this might have something to do with Kate Spade?
#17 Aug 01 2007 at 1:27 PM Rating: Excellent
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NephthysWanderer the Charming wrote:
Am I the only one who thought this might have something to do with Kate Spade?
*Pat on the head*

That's nice.
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Wow. Regular ol' Joph fan club in here.
#18 Aug 01 2007 at 1:28 PM Rating: Excellent
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Jophiel wrote:
NephthysWanderer the Charming wrote:
Am I the only one who thought this might have something to do with Kate Spade?
*Pat on the head*

That's nice.


Shucks, thanks. Smiley: blush
#19 Aug 01 2007 at 8:31 PM Rating: Excellent
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Upon further reading, I came across this quote from Ted Poe
Quote:
Agents Ramos and Compean, serving 11- and 12-year prison sentences for wounding a drug smuggler running more than 750 pounds of marijuana across the border, have now spent more than six months in federal custody
So I suppose the smuggler survived and was, indeed, smuggling. Just to clear that bit up.
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#20 Aug 01 2007 at 10:43 PM Rating: Decent
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So I suppose the smuggler survived and was, indeed, smuggling.


Right, and I think he was, indeed, posing no immediate threat and not yet convicted of anything when he was shot in the back and killed.

Just to clear that part up.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#21 Aug 01 2007 at 11:28 PM Rating: Good
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Meh, this country would be a whole lot better off if we had a few more Ignacio Ramoses manning the border. It'd make those ******** think twice before diving into the Rio Grande. I say RACK the guy and give him a promotion and a whole department of itchy fingered gunslingers.

Totem
#22 Aug 02 2007 at 5:11 AM Rating: Excellent
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Yeah, because I want to be part of a nation policed by thugs who shoot first and ask questions never.

We're supposed to be better than that. Aren't we?
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#23 Aug 02 2007 at 5:34 AM Rating: Excellent
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Honestly, I don't care if the guy shot was saving kittens from a fire or giving anthrax to Hitler. I'm more curious about this complete silence regarding the fact that the House of Representatives have taken it upon themselves to effectively commute a prison sentence.
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#24 Aug 02 2007 at 5:37 AM Rating: Excellent
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Jophiel wrote:
Honestly, I don't care if the guy shot was saving kittens from a fire or giving anthrax to Hitler. I'm more curious about this complete silence regarding the fact that the House of Representatives have taken it upon themselves to effectively commute a prison sentence.


Well I don't like it...not that anyone asked me. I find this whole trend of the branches figuring out new and more interesting ways to overstep their bounds to be increasingly tiresome.

Nexa
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#25 Aug 02 2007 at 6:33 AM Rating: Excellent
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Jophiel wrote:
Honestly, I don't care if the guy shot was saving kittens from a fire or giving anthrax to Hitler. I'm more curious about this complete silence regarding the fact that the House of Representatives have taken it upon themselves to effectively commute a prison sentence.


They probably figured, since the judicial branch is legislating, and the executive branch is judging AND legislating, they may as well ooze over and do some judgin' and some commutin' to fill the empty hours.

Perhaps the more conservative members will vote to secede and join the Cheney branch.
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#26 Aug 02 2007 at 6:44 AM Rating: Good
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I like Bill Maher's idea

Quote:
I dont think they should build a wall on the border with Mexico. They should build a WalMart! 2100 miles long! Immigrants come through the back, customers come through the front. But there is still only one cash register.
Because if we built this Wal-Mart exactly on the border, the Americans could come through the front door and shop, and the Mexicans could come through the back door and work.
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