United States Department of State Washington, D.C. 20520 Mr. Jerome R. Corsi, Ph.D. OCT 04 2007 ii Re: Freedom of Information Act Case #F200706304 Dear Mr. Corsi: Reference is made to your November 30, 2007 Freedom of Information Act request to the Department of State for documents related to Osvaldo Aldrete-Davila. ‘The Office of Information Programs and Services (IPS) has forwarded five documents to the Bureau of Diplomatic Security, which we have numbered 001-005, for review and direct response to you. Document number 001 is being released to you in its entirety. Portions of documents numbered 002-005 have been withheld pursuant to the provisions of 5 USC § 552 (b)(3) (8 U.S.C. § 1202(A) (Immigration and Nationality Act)), (b)(6), and/or (b)(7)(C). An explanation of exemptions is enclosed. You have the right to appeal the Department's denial of information by writing, within 60 days, to the Chairman, Appeals Review Panel, c/o Appeals Officer, A/GIS/IPS/PP/LA, U.S. Department of State, SA-2, Room 8100, Washington, D.C. 20522-8100. The appeal letter should refer to the case number shown above, clearly identify the decision being appealed, and provide supporting arguments when possible. For further information, see the Code of Federal Regulations, 22CFR 171.52. If you have any questions regarding a particular aspect of this case, you should contact the Office of Information Programs and Services, A/GIS/IPS, SA-2, Department of State, Washington, DC 20522-8100. In any communication, please refer to the case number. Sincerely, William R. Terrini Deputy Executive Director Diplomatic Security Service Enclosure: Documents (001-005) Explanation of ExemptionsC06383391 From: Waldeap, Robert 8 Sent: Foi, 11 May 2097 12:52.56 + Co0G To: McCutcheon, Robert H;Sanders, Richard M;Darrach, Daniel D ce: Jacobson, Roberta $ Subject: RE: Any Border Patrol Shooting FOIA Material? may have something in archive e-mail files. but that would be it (although this incident occurted before 1 arrived in MEX). Of course, this would likely have been mentioned in one of the “border abuse of our migrants” dipnotes that the Mex Embassy periodically sends us Tl check my e-mail archives and let you know, Rob. Buck ; Wop, Rober 8 Subject” RE: Any Borer Patrol Shooting FOIA Mater? i make sure they know - IF anything turns up. From: Sender, iehara Sent: Fray, May 11,2007 9:45 461 Tor McCrcheon, Robe; Danae, Dane! D; Walton, Robert B Ce: Jacob, Rota Subject RE: Any Borer Patol Shoting FOIA Mate? Doubt we have anything, But if we do, the FOIA boys need fo understand they must clear anything with LL betore releasing it. This is a current enminal case. From Wecatchon, Raber Sent Fy, May 11, 2007 9:36 AM ‘Tor Osrach, Denil D; Waliop, Rober B Ce: Sener, Richard ‘Subject "FU: Any Border Pat! Shoting FOI Matera? Gentlemen, Do you have ary files, emails, ete related to the Feb 2005 shooting of Davila that hes now landed the two BP guys in jai? Thanks, Rob From: Royer, Seven Sent fry, Way 11 2007 9:35 28k ‘or Wecuttheon, Robe H Subject: RE Any Border Patel Shooting FOIA Matera? ‘Nope, nothing private. and I did't keep my computer files other than whats on the shared directories. Have att SBR Stove Royster» CA Press - (2€2) 647-2114C06383391 From! setitchen, Reber Sent: Fiy, May 1, 2007 652A or Royse, Sven 8 ‘Subject:” Any Borer Pat! Shooting FOIA Nate? Don Steve, We've gotten a FOIA requester on any information related to the shooting of Osbaldo Aldrete-Davila by the two Border Patro! agents, Ignacio “Nacho" Ramos and Jose Alonso Compean on Feb 17. 2005, |can check all ofthe joint files here, but | wanted to reach out to you to see if you had anything in a personal folder or in your emails about this. Also, to see it you think there would be any other ofice in ‘Slate (CA?) thal would have anything Gracias in advance, Robcv6382454 E ee velbte From Sent ‘Waa Tear 7067 09:47:35 -o400 Te Macmanus, Joseph € ce Hagan, lames GiBergner, Jeffrey TA/S;Reynods, Matthew A:Star, Jel Eller, Gerry w subject: AE: Hearing Notice: IOHRO- "The Cose of Ramos and Compean: The Acros 5 Border Context” on 7/31/07 at 2PM in 2172 RHOB FYL. House OK freeing Border Patrol agents BY ANDREW TAYLOR and SUZANNE GAMBOA, Associated Press WASHINGTON - The House on Wednesday approved a move by conservative Republicans to tt Jo set free 10 Border Patrol agents convicted of shooting a Mexican drug dealer. Aller along, emotional debate, the House voted by voice to block the Bureau of Prisons fiom keeping former agents {gnacio Ramos and Alonso Compean in federal prison. Ramos and Compean are serving 11- and 12-year federal prison sentences, respectively, fr the 2005 shooting of Osvaldo Aldzete Davila onthe Texas border neat El Paso The case has caused a furor among conservative Lawmakers and on talk radio across the country ‘The agents shot hit in the buttocks ashe fled, but got rid of crucial evidence and filed to report the incident a5 quired. They later ound a load of marijuana in his van, but U.S. Attomey Jolinny Sutton sad there wis no proof totic the drugs 10 Aldrete so he could wot prosecute him “The Ramos and Compean conviction has been the greatest misjustice that | have seen, and Ihave seen a lot” said Rep. Dana Rohrabacher, R-Calif Democrats such as Alan Moliohan of West Virginia opposed the attempt to fee the men, arguing iis not Congress’ lace to interfere in criminal cases, particularly when they are under appeal, as the Ramos and Compean case Ie ‘But Democrats opted not to call fora roll call vote. It could be dropped fiom the bill during House-Senate negotiations this fal he move came ss House lawmakers debated a bill funding he Justice Department for the budget year beginning Oct 1. The underlying measure is likely to pas the House later this weck, bu the Senate has yet to take up 8 companion messuze, The language aimed at fring the men would achieve that goal by blocking the Bureau of Prisons ftom spending any money to nearcerave thet, "What this does is release these two individuals while the appeal goes on,” ssid Rep. Ted Poe, R-Texas. Earlier Wednesday, lawmakers said Suton, who prosecuted the two agents, had refsed an invitation 0 testify before a House subcommitie looking into whether Mexico had a role in the agents ease Sutton, the federal prosecutor for Texas! western judicial district, was asked to testify next week before a subcommitiee ofthe House Foreign AMirs Commitee While saying his office dicot cosnmeti on noapublic atte whive cases ere neudivg, Suuion said his office did ave contact with the “ees. government, Satan made the statcants in July 1s eter @ Rep. Tom Lantos,C06382454 D-Calif, the fll commits chairman, Suton’s decision not to testify angered some lawmakers, panicularly a handful of House Republicans who have been pressing President George W. Bush to pardon the agents or commute theit sentences. Rohrabacher sud Sutton should "ether testify under auth before Congress and explain these things or resign as US. attorney.” {messi lll with Suton’ office was not retumed, He tsified last week before members ofthe Senate udiciny Commitee = belvic Ofiiee OTHE Assistam Secretary Bureay of Diplomatic Security Ofticel 4 Cell Fax # O05) TET ‘lassfication; unclassified - this email is unclassified based on the definition provided in eo. 1 Original Message. From: Macmanus, Joseph E \ Sent’ Thussdaya July 26, 2007 9:07 AM \ To: Ge: HRESE: Ties G: Berene, Jefiey T A/S; Reynolds, Mathew A; Siar, Joel E: Fuller, Gerry W Subject: RE: Hearing Notice- IOHRO- "The Case of Ramos and Compean: The Actos s-Border Context” on 7/1007 a 2PM in 2172 RHOB lke to see that email, Thanks, Toe | Original Message-~ From: Sent: Thursday. July 26, 2007 8:46 AM To: Fuller, Gerty W Ce: Hagan, James G; Bergner, Jelrey T A/S: Reynolds, Matthew A: Macmanus, Joseph E: Stat, Joel E Subject RE: Hearing Notice: IOHRO- "The Case of Ramos and Compean: The Actos -Border Comten®” on 731.07 812PM in 2172 RHOB Just f follow-up om our conversation yesterday. egg ot Ye hl the Send button on my email to Tara Setmayer regarding her interest in DS documents on this ease. Do ae we ill have not eatd back flom DOJ or the US Auiomey’s Office on whether we can reese anything Do you want meto hold off until the Delahunt leterarives? | Sra Vv UMETOTIRE Assistant Secretary Bureau of ecuity OMmiceC06382454 cen d Fax # 0D) GT classification: unclassified ~ is email is unclassified based on the definition provided in eo. 12958 Original Message- From: Hagan, James G Sent: Thursday. July 26, 2007 8.43 AM To: Hagan, James G; Fuller, Gerry Joc! E: Subject: RE"HEITIE Rotice- IOHRO- "The Case of Ramos and Compean: The Acros s-Border Contest” on 7/31/07 a12PM in 2172 RHOB. leraner, Jeflrey T A'S; Reynolds, Matthew A: Macmanus, Joseph E; Stat, Delahunt’ staff says the lete's coming today. rivinal Message: From: Hagan, James G ‘Sent: Wednesday, July 28, 2007 7:39 PM = To: Full, Gery W: Bergoer,Jeftey T A/S: Reynolds, Matihew A: Macmanus, Joseph E: Sure, Jel E:— "~'SURTRS: Re: Hearing Notice: IOHRO- "The Case of Ramos and Compean: The Acros s-Border Content” on 7:31 U7 a12PM in 2172 ROB 1 pressed them for x Letter. Still haven't seen it w-~ Oniginal Message From: Fuller, Gery To: Hagan James G. Berner, Jeftey T A'S; Reynolds, Mathew A; Mucmanus, Joseph E; Start, Joe! E{— “Tent: Wed Jul 25 19:22:03 2007 Subject: FW: Hearing Notice- IOHRO- "The Case of Ramos and Compean: The Actos s-Border Context" on TAV0T at 2PM 2172 RHOB FY, ‘Here isthe Hearing Notice forthe Border Guards isue. There isno State Witness listed. Can we hope that they ‘ook our word that we have nothing to say? - Gerry SUBCOMMITTEE HEARING NOTICE COMMITTEE ON FOREIGN AFFAIRS US. HOUSE OF REPRESENTATIVES bef w7eC06382454 WASHINGTON, D.C. 2051 SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT William D, Delahunt (D-MA), Chairman July 24, 2007 TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS Vou are respectflly requested to attend the following OPEN hearing of the Subcommince on Intemational Organictions, Human Rights, and Oversight, be hed in Roow 2172 ofthe Rayburn House Office Building DATE: Tuesday, July 31, 2007 TIME 2:00 p.m SUBJECT: The Case of Ramos and Compean; The Across-Border Context WITNESSES: Mt 7.1 Bonner President National Border Patrol Council ofthe Ametican Federation of Government Employees AFL-CIO, David L. Botsford, LD. Botsford &¢ Roark NOTE: Witnesses may be added By Direction of he Chairman ‘he, Committe on Forcign AMirs seks to make is fies accessible fo persons with disabiites. Ifyou are m need of special accommodations. pease call 202/225-5021 atleast four business days in advance of ihe aoe CicnenePraccable. Questions with regard t special accommodations in xencral(inchudng evalabiliy of Commitee materials in alternative formats and asssive listening devices) may be directed to the Comnnice as noted above,©06383391 CDE From: arrach, Darvel D Sent: Wee, 11 tal 2997 21:14:24 C400 To: Richard, Christopher J cc: CA-VO-Special Assistant;Kamins, Scott A;Starr, Joel E;Rupp, Abigail M. Subject: RE: follow-up to phone calls Chris, [Ihe article below covers what | know of the story pretty wel. have attached 3 e-mails regarding requests from Rohrabachers office for someone to testify and en FOIA request related to the incident that might be helpful. As | sad, | am not really sure what was used to permit Davila back into the counlty to testy, MEX hasthad no files on this unti this years inquiries. Dan Haa “From: Wiswra, Gapher 7 Sent! Wednstay, uy 11, 2007 11:22 aM Ter Owrach, Onn! D; Kamen, Scot A Sar, Joe! E; Rup, Abo M Ge ChvOdpecl Asitant, Subject: A fleneup to phone as Appreciate whatever you can find, Background info below. From: Rupp, Abigail M ‘Sent: Wednesday, July 11, 2007 11:08 AM To: Brennan, John B Ruterbories, Julie A; CA-VO-Special Assistant Subject: RE: The name [ice) checri a BS ne ( Fea ge 0) eee —— From: Brennan, John B ‘Sent: Wednesday, July 11, 2007 10:56 AM To: Rupp, Abigail M Ceci Ruterbories, Julie A; CA-VO-Special Assistant Subject: The name Abby Below is the name you can run by ICE. Fox News ~ June 21, 2007 . WASHINGTON — Pressure is giwing on Capito Hilt investigate the prosecution of two former Border Patrol agents doing prison time for their on-duty shooting of a Mexican man who was transporting drugs into the United States,CU6383391 ose Compean and Igva:io Ramos ara sewing 12 and 11 veers, respaatv'y, for the non-fatal shooting in 2005 of Osvaldo Aldrate Davite. The agznts cot Davila in tho buttocks as he was transporting ‘more than 700 pounds of marijuana into the United States through Fabens, Texas. Davila was given immunity in exchange for his testimony against the agents. Now the House Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight is organizing a hearing on any influence the Mexican government may have hed on prosecuting Compean and Ramos. Rep. Bll Delahunt, the Massachusetts Democrat who chairs the House Foreign Affairs subcommittee, Said a formal invitation to testy will be also be sent to U.S. prosecutor Johnny Suton “so there will be no ‘confusion as to whether he's available or whether he's willing to appear” California Rep. Dana Rohrabacher, the ranking Republican on the subcomrmitiee who requested the hearing, is asking for information from the State and Homeland Security departments about possible ‘contact the Mexican government made with the U.S. government about the case. Rohrabacher's office has been trying to gel information from the Justice and Homeland Security departments about Davila's border crossing and parole documents to determine whether he delvered {another oad of marijuana in Texas in October 2005, after he entered the US. to have surgery by U.S ‘Army doctors to remove the bullet; his urethra was shattered during the shooting. ‘Weve been stonewalled unbelievably,” said Rohrabacher spokeswoman Tara Setmayer, particularly about her afice's request for correspondence from the agency investigator in the case and for detale of Davile's immunity agreement ‘i's absurd .. they claim the reason forthe denial ofthat information is because of the privacy act. They ‘require @ privacy waiver to be signed by the drug smuggler before they can release that inforration, ‘We want to find out what type of access he had to the country and if it was unfeltored access, why would ur government grant him such a privilege and also, because ofthe second drug bust, the relationship ‘between that second drug bust and the dates he was supposed to have surgery in Texas ~ Documents prepared by the U.S. Drug Enforcement Administration and oblained by FOXNews.com show that on Oct. 22, 2005, Davila was identified by a witness as the diver of a 1990 Chevy Astro van that ‘contained six bundles — approximately 752.8 pounds — of marijuana. He allegedly dropped off the 1oad around 3 p.m. at the home of aman in Ciint, Texas, in what's known as the "October load" The man described the van's driver to DEA investigators, saying he was a "Mexican male, S'10", dark skin. 20-30 years of age, short hair, and has a colostomy bag," according to the DEA documents, [The property owner, Cipriano Ortiz, was arrested on March 13. 2007, and incited by Sutton's office March 28 for having and intending to distibute over 1,000 kilograms of marijuana. He is being held without bond, Sutton. U.S. Atiomey for the Wester District of Texas, lft open the door of possibly that charges could stil come from that incident, “The bottom line is, we are stil arresting people out of that event.” Sutton lold FOXNews.com. "We've arrested @ number of suspects out of that investigation and the investigation is ongoing.” As ‘or Davila. Sutton seid: “As soon as we have sufficient, competent admissible evidence to charge him with a crime, we will do it” estice Department sekeswixnan Kiniveely Smidi saio her department 1s “zommitted to working with Congress to answer questicrs aiid educate the public un the acts a1 the RarrasiCompean prosecutionC06383391 ‘and has provided numeres ocu nents exe'aicing the cour: record and facts cf the case to members of Congress,” including s'etemar's, trans-ists and sther information. “We wil continue to provide materials and answer questions pursuant to Department of Justice regulations and guidelines," she added, But Delahunt told FOXNews.com: "We continue to have diificuly in terms of ascertaining a date and there has been some indication that since there's an appeal, there was hesitation on having him testify.” Delahunt said he also met with the Mexican ambassador privately to discuss the matter, but foreign officials are prevented by protocol and the practices of the Mexican government from testiying to the US, Congress. As a matter of course, the congressman added, "We do not have foreign government, representatives at hearings,” “t've met with the Mexican ambassador. !'ve indicated to other members, including Mr. Rohrabacher, that the Mexican ambassador would be wiling to meet with him and other members of Congress privately and We're making an effort to arrange that," Delahunt said. ‘AS for his invitation, Sutton sald he has not yet been formally asked to appear. “Tm absolutely willing to testy betore Congress and cooperate in any way with any congressional hearings or invest, subject of course, to Department of Justice regulations, rules and policy.” Sutton said, ‘adding that he would not be allowed to talk about anything that could jeopardize pending cases. “But we also need to do the people's business and investigate crimes and prosecute criminals.” The department “will carefully consider any invitation for witnesses should Congress choose to hold hearings," Smith added, ‘Smith said both Sutton and Justice officials “have actively sought to educale members of Congress and the American public about the facts of the Ramos/Compean prosecution * {ma separate incident, the Mexican consulate sent a letter lo Edwards County Sheriff Don Letsinger in Texas, and the FBI, pushing for Deputy Gilmer Hernandez to be prosecuted. (On April 14, 2005, Hernandez shot at an SUV ful of illegal Immigrants in Rocksprings as it sped off while he tried to stop it for running a red light. One of the bullets shattered the teeth of a woman inside the SUV. Hemancez reported the incident, was jailed for 266 days, and the immigrants now may be suing the U.S, ‘government “Based on the Consular Convention between Mexico and the United States and the Vienna Convention ‘on Consular Relations, the Consulate of Mexico is entlled to represent, protect and defend the righls of ‘Mexican nationals in this country,” the Mexican consul wrote to Letsinger, Hemande2’s boss, in ¢letier obtained by FOXNews.com. “That isthe care of my country that this kind of incidents against our rationals, do not remain unpunished” ‘Sutton prosecuted that case as wel, Does the Punishment Fit the Crime? ‘The House Juciciary Committee also may take up the issue of federal statute known as °824c" in light of recent cases involving law enforcement on the border. I's that statute that called for 10-year sentences {for Compean and Ramos for shooting at someone who was running away. The section of the U.S. Criminal Code says “during and in relation to any crime of violence or drug traficking crime,” any 2arscr: -vho uses of varies @ firearm sloud de sentesiced to no less than 10 years in prison if a gun is diesharced. The lew, hewover, does nc nike «ny allowauice for law enlorcementC06383391 North Carolina Rep. Wsiter Jones wroit Ationsey Seneial alberto Gorties in October 2006 asking that ‘Compean and Ramos not be subjected to any misapplication of the law “When §924(c) is applied to law enforcement officers, its in the context of heinous crimes, such as Sexual assaults, which are cleafy outside the realm of oficial duties. The application of §824(c) in this case is overly broad, setting @ dangerous precedent of application to law enforcement officers trying 10 ‘act within the scope of their official duties,” the letter states. “This 's an issue that both the majority and the minority want to address and we expect a hearing to be Scheduled.” said Texas Rep. Lamar Smith, the ranking Republican on the House Judiciary Committees On the Senate side, Sen. Dianne Feinstein, the California Democrat who chairs the Senate Judiciary Terrorism, Technology and Homeland Security subcommittee, Is also looking into how Compean and Ramos were prosecuted “This is something Senator Feinstein has been very interested in, she has expressed interested in holding «a hearing.” said her spokesman, Scott Gerber. The length of the ex-agents' sentences and “whether they'e appropriate is significant policy question she'd be interested in looking into,” he added Meanwhile, @ House bill sponsored by Rep. Duncan Hunter; R-Cali, to pardon Compean and Ramos includes a provision that requires DHS to revisit engagement policies on the border — policies that even Sutton has called harsh, “Mr. Hunter, he was worried not only for the safely of the agents but the effect this particular conviction would have on the morale and future efforts of the U.S, Border Patrol." said Hunter spokesman Joe Kasper. "These are two law enforcement officials who are empowered as law enforcement otficials 10 ‘enforce our nation’s laws ... these two agents were given the equivalent of murder sentences arguably. arguably .. the facts of these cases do not merit 11 and 12-year prison sentences.- Those who have railed around Compean and Ramos worry that their case could set a disturbing precedent for how Border Patrol agents are prosecuted for on-the-job shootings and other violence Paniculary at a time when there is so much pressure {o strengthen border security as part o a broader ‘immigration reform debate. But Sutton, as well as officials at the Border Patrol and Justice Department, point out that the case was decided by a jury and there is more to the story than what's being told {There's justan extensive misrepresentation of the facts” Sutton said. "I'd be outraged, too, iit was just {wo Border Patrol agents doing their job. they don't tell you these guys shot 15 mes at @ guy running ‘away, covered up a crime scene and fled false reports. “if Thad five minutes to tell the real facts, most people say ‘oh, thas diferent’... we can't have federal agents shooting people and covering it up.”06383391 CDE From: aleir, Ponra M. Sent: Fx, 2 May 200° 18:27:97 -9600 To: Darrach, Daniel D Subject: FW: FOIA Request 200700633 U.S, Border Patrol Shooting Incident FY From: Blair, Donna M Sent: Tuesday, May 22, 2007 8:16 AM To: Donahue, David T (Mexico City) Subject: FW: FOIA Request 200700633 U.S. Border Patrol Shooting Incident ewe a be\e See rel tom pelow FOIA Request 200700633 US; Bérder Patrol Shooting Incident My, tis is @ popular case this month. Just ast week responded to Ambassador Gifs ofce regarding 8 Congressional inguiy into this sarte matter With my danartue from post last August Ihave ne records subject o such @ FOIA request but | know that was under intrveton to provide any ‘materials which may exit inthe ofice regarding thet mB DS bed the RSO’s role was to facilitate the investigation ‘Balvigén elements of the DHS/OIG ‘lfce Ih Texas and the Subject. The inital contact and interven of the Subject took place within the RSO office. RSO did not open a case on this matter as this was @ liaison mission. As you know, the RSO traditionally facilitales such to ensure that post management is Informed on USG activity within their AOR. this was such @ case | do hope this message finds you ail wel — take care SupeVTOFY Special Agent Depariment of Stat = Diplomatic Security Chee Ed Office | Phond Fay 1267098 Coif i ‘This message contains no information above the Sensitive But Unclassified level per E.0, 12988, From: Biair, Donna M Mendy, Hoy 21,2007 5:C06383391 ‘Subject: FW: FOIA Requect 2 Importance: High a wolbre Please see messages below. Do you remember this case? What was our role? I recall con helped facitate the shooting victim's travel to E! Paso for surgery at Beaumont Hospital 3 wa 2) Any information you can provide would be appreciated Thanks, Donna 9. ‘Sent: Monday, May 21, 2007 4:07 PM To: Bair, Donna M ‘Subject: FW: FOIA Request 200700633 U.S. Border Patrol Shooting Incident Importance: High From: Donahue, David T (Mexico Gity) Sent: Thursday, April 26, 2007 10:00 AM To: Vann, Stephen A (Mexico Giy); Pamel, Isiah L (Mexico Gy); Shea, Wiliam E; Heas, Martha J; Gray, Jane; Barciay, Charles V (Mexico City) Cc: "HARRIS, RENEE } ‘Subject: FW: FOIA Request 200700633 U.S. Border Patrol Shooting Incident Importance: High This is the very high-profile case that resulted in the conviction of the two Border Patrol agents. After reading this | coubt that there is much here on the DOS side. masa ‘ can ‘Or check again to see TUTE HS BAY VES TESGS fortis guy anywhere MRSS BOE eee Cae you (or any DOS folks) involved in this resulting in FOIA information? Chip, do you know i there was any Mission involvement in this? David Vow From: Washinaton, Andrea) __ Sent: Wednesday, April 25, 2007 4:17 PM To: Donahue, David T (Mexico Cty) ‘Sbject: FOIA Request 200700633 U.S. Border Patrol Shooting Incident Importance: High Mr. Donahue, ‘The Department has received a Freedom of information Act request from Mr. Chris Farrel of public interest group, Judicial Walch. Please be advised that due to administrative delays, this request is now in litigation; therefore, a timely response by the Embassy Is important. Due to the nature of ths request, we believe that the Consular Section of Embassy Mexico City may have responsive matetial. Please forward this request fo he Consutar Oicer responsitie for conducting a search of Post records, and any other office at Post that may have responsive material (i. Politcal section). If responsive material is found, It Should be copied, arranged chronologically and numbered. Copies may be emailed or pouched to Andrea Washington IPS/CRIWEP $A.2 Room 8100, Department of State 20520. The Requester. Mr. Farrel, describes his reauest as follows:C06383391 “1. Commurications between 20S and eny/all officers, agancias cnd/or ,eprevel.tatves of the Government of Mexico cancerirg Csbaice Aidrote Davi'c, a Mexicar. naiunél who testified in the prosecution of U.S. Border Patrol Agents Ignacio “Nacho’ Ramos and Jose Alonso Compean over a shooting incident in Texas on February 17, 2005, 2 Communications between DoS and the U.S. Department of Justice (lo include the Office of U.S. ‘Attorney Johnny Sutton of the Western District of Texas) andior the Department of Homeland Security {and its subordinate agencies) concerning Osbaldo Aldrete-Davila, @ Mexican national who testified in the Drosecution of U.S. Border Patrol Agents Ignacio “Nacho’ Ramos and Jose Alonso Compean over a ‘shooting incident in Texas on February 17, 2005, 3. The participation of DoS personnel in coordinating, facilitating andlor approving the lawtul entry (les) of Osbaldo Aldrete-Davila into the United States (reportedly for the last time in February 2006), Mr. Aldrete. Davila reportedly entered the United States lawully (with the approval of the U.S. Government) to obtain ‘medical treatment, meet with federal investigators and to testify in court in El Paso, Texas. ‘The timeframe for this request is February 17, 2005 through the present.” Please also be advised that this email has been approved by the Mexico Desk Officer, Rob McCutcheon. ‘Should you have any questions, please let me know. Thank you for your help. ‘Andrea Washington Program Analyst AJSS/IPSICRIWEP Westem Hemisphere & East Asian and Pacific AffairsODE C06383391 — nore Ss belbze is VEST T) mesi.as on i fae Giny Wotan cotter een Guna is Fata, lames GW, ben Blot, eben Saleen, Tinsel ce Panes IE: Gong Rohrabacher equast fron anos Compean cate oe | have forwarded the below information to our international Programs office. They are reaching Out to RSO Mexico to determine what level of involvement. if any. DS may have had in the Investigation | will forward you that information as soon as | get it. Regards, ~ Bureau of Dipiomatic Secunty Ottice #20; Cea iz Fax # DOOTEI U5 classification’ unclassified - this email i unclassified based on the definition provided in eo. 12958 From: Fuller, Gerry W Sent: 15, 2007 9:07 AM To! (Greene, Stephen H; Darrach, Daniel D | (Ce: Fagan, Tarnes G; Waldrop, Robert B; Jacobson, Roberta S; Callahan, Thomas; Kamins, Scott Vv A ‘Subject: Cong. Rohrabacher requests Infor on Ramos Compean Case Importance: High Inthe message below Tara Setmayer, of Cong. Rohrabacher's office requests information on why DS agents were involved in the case. (Her inquity is “informal,” but in preparation for the June 1 (oF 2 Hearing that will be held on this case. for which there will be a formel request. ! told her | would ask i there is any “olf the shelf information that we could pass to her, or Perhaps someone who has knowledge an would be willing fo provide her with an explanation | want to be clear. however. that Ms. Setmeyer indicated that she has “a passion’ for this, case which | interpreted to mean that she views the conviction of Ramos and Compean as an injustice. She seemed highly suspicious that OS would have in any way been involved in the case. Please let me know if we have any things easily available that we can share with her ‘about DS involvement in the Ramos Compean case, Gerry Fuller HIRGF06383391 From: Setmeyer, Tera [meli:Tare.setmayer@mel.nous e.g0v] Sent: Monday, May 14, 2007 4:52 PM To: Fuller, Gey W Subject: ‘Cong. Rohrabacher request Importance: High Hello Gerry, Great talking to you! Thank you for your prompt attention to this. Here's my question On March 17, 2005 OSS agents assisted DHS-OIG agents and BP El Paso Sector Evidence team members, scour the site of a shooting incident involving BordePatrol Agents Ignacio Ramos and Jose Compean, Id like to know in what capacily did the DSS agents serve, byxhose request and when that. requestwas made. ‘Simple and to the point! Thanks again Gerry. Look forward to hearing from you. Tara Olivia Setmayer Communications Director Rep. Dana Rohrabacher (CA-46) 202-225-2415-office 202-225-0145-fax