On the border

As the nation celebrated the historic inauguration of Barack Obama, the 44th president, his predecessor attended the festivities before boarding a helicopter for Andrews Air Force Base and then catching a jet for Texas, far from the spotlight.

And one of George W. Bush's last acts in office, just like much of his eight-year tenure, was sure to generate controversy.

Mr. Bush on Monday commuted the sentences of two Border Patrol agents who were convicted in 2006 of shooting an unarmed Mexican drug smuggler and then trying to cover up the incident. The smuggler was in the country illegally with hundreds of pounds of marijuana and was later convicted in an unrelated incident and sentenced to almost 10 years in prison.

But that sentence was less than the 11-year and 12-year terms that agents Ignacio Ramos and Jorge Compean received, respectively.

For the trial, the federal prosecutor gave the smuggler immunity and was later accused by some activists of withholding evidence that might have led to an acquittal. After the trial, a few jurors said they were pressured into voting for a conviction.

The commutation angered some in the Justice Department. "These men were totally unrepentant, there was obstruction of justice, they shot a man in the back. I am speechless. These are terrible clemency cases," one official told the Los Angeles Times on the condition of anonymity.

But Mr. Bush's move reflects the proper balance between recognizing that while the two men may have acted inappropriately while attempting to carry out their duties on a border fraught with illegals, violence and drug trafficking, the prosecutor also went too far, even piling on a sentence enhancer designed to punish criminals who use guns during other crimes.

The commutation is not a pardon. The men will be released from prison early, but will remain convicted felons, unable to work again in law enforcement. They have been punished enough. Mr. Bush's decision was just -- and overdue.