Posted on 11/09/2009 2:41:06 PM PST by La Lydia
WASHINGTON The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago. The step cleared the way for Mr. Muhammad to be put to death on Tuesday unless Gov. Tim Kaine of Virginia intervenes. The court did not comment in refusing to hear Mr. Muhammads appeal, but three justices objected to the relative haste accompanying the execution.
Justice John Paul Stevens complained that under our normal practice, Mr. Muhammads petition for the court to take his case would have been discussed at the justices conference scheduled for Nov. 24. But because Virginia scheduled the execution for Tuesday, the judicial process was rushed, Justice Stevens said in a statement joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor....
The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., upheld the death sentence three months ago. In rejecting Mr. Muhammads appeal, that federal panel said it was unable to find reversible error in the conclusions of the state and district courts.
Unless Va. Governor Mr. Kaine stops the execution, Mr. Muhammad, 48, will be given a lethal injection on Tuesday night ...
Mr. Kaine has promised to review Mr. Muhammads request, but has signaled that he is not inclined to intervene. I know of nothing in this case now that would suggest that there is any credible claim of innocence or that there was anything procedurally wrong with the prosecution, Mr. Kaine said several weeks ago during his monthly call-in radio show.
(Excerpt) Read more at nytimes.com ...
What amazes me is how the news media gives him credibility calling him MR.
NY Times editorial policy is calling everyone Mr. or Ms.
That would be your Associated Press Style Book talking. They call Hitler “Mr. Hitler.”
Welcome to the reality of National Socialist Government.
Anybody think Bambi might intervene and commute the sentence? I don’t think he’d dare to do this, but you never know.
Be glad you have “haste” when it comes to executions. Here in PA, in theory we have the death penalty, but in reality, most of these bums live out their lives behind bars...at taxpayer expense of course.
I’ll bet I can name the 3 justices!
Soda-mayer was whining that she just got on the court and was too young and too good looking to be lynched!
You picked a bad week to be looking for mercy.
He hasn’t issued any pardons or commutations yet. Only Washington, Adams, Clinton and Bush Jr. waited this long.
I miss John Ashcroft.
Ashcroft 2012.
No. This bastard (not Zero) killed children. You don’t pardon people like that, ever.
The President can’t pardon him. He was convicted in a state court under state law. They were able to appeal to the Supreme Court, but the person who would have to pardon (actually commute the death penalty) him is Gov. Kaine.
Leading to occasionally idiotic journalistic consequences such as the time they were forced to refer to Meatloaf as "Mr. Loaf." Pitying the PC denizens of the newsroom, the erstwhile Mr. Loaf has since added the last name "Aday."
The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago ... three justices objected to the relative haste accompanying the execution.
He can pardon anyone for anything.
Do you think Hasan will get the needle here in TX?
I expect him to, but we don’t have Ashcroft anymore to let us fry him here.
The President cannot pardon or commute a state-court sentence.
Somehow on Tuesday evening I don’t think Mr. Muhammad will find himself in the company of 72 virgins.
The president can only pardon, or commute the sentences of, people convicted in federal court. The President can’t pardon someone convicted in state court.
Awh!
Not so. In the United States, the pardon power for federal crimes is granted to the President of the United States under Article II, Section 2 of the United States Constitution states that the President “shall have power to grant reprieves and pardons for offenses against the United States,” except in cases of impeachment. That is, the pardon power of the President extends only to offenses committed in violation of federal law, not state law. The Sniper was charged, tried and convicted in a state court under state law. Ashcroft did a great job on that one. If you want an example of how that works, look to the case of Carla Faye Tucker. Clinton would have pardoned her, but he didn’t have the authority.
No, he shot black people, too.
Oh OK equal opportunity Hater.
I stand corrected.
If it makes you feel any better, he got an Hispanic, too.
OK Obama can’t pardon him yet just the concept he might from various sources is a measure that nothing from him would surprise anyone. Our National Socialist Dictator or just Oligarch in Chief.
Oh, I am confident BO would pardon him (commute his death sentence) if he could. He just doesn’t have the authority. It probably kills him that he can’t do anything about it.
Can’t Baraq appoint him a “czar” or something?
Perhaps the “czar of the dead.”
No, absolutely not.
The U.S. Disciplinary Barracks are at Fort Leavenworth, Kansas (where the military death row is).
I expect him to, but we dont have Ashcroft anymore to let us fry him here.
Ashcroft, as US Attorney General, did not prosecute military cases. There is no reason to believe that the federal government will attempt to try this outside of the military system.
Should this person get the death penalty, though, the president would confirm the sentence.
“If it makes you feel any better, he got an Hispanic, too.”
No that was not the point it was what his little buddy said about shooting whites.
Stevens, Ginsburg, and Sonia Sotomayor were the three liberals who objected to the swift execution. Well, this gives us another clue that Sonia will be very very liberal on the Supreme Court..............
I guess he didn’t kill any Puerto Ricans!
But there is Munley, a Texan, involved.
Texas will have his ass, as he almost took down one of ours as she took him down.
I can just picture Obama:
Obama: So those typical right-wing honkies think they can execute the DC sniper, huh? Well, I’m not going to let a brother die. I’m pardoning him.
Aide: Sir, you can’t do that. The Constitution doesn’t give you the authority to pardon people convicted under state law.
Obama: (stamping his little feet) Waaahhh! God damn the Constitution! God damn America! Just like my eternal friend and mentor Jeremiah Wright says! I wish this country was more like Kenya or Zimbabwe, without all this pesky checks and balances crap. Waaahhh! (stamping his little feet again)
It will come as a shock to Bambi too when he finds that out one day.
The loser was convicted in the Virginia court system of a crime under state law. It ain’t Obambi’s call.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.