Posted on 10/09/2007 9:46:25 AM PDT by uxbridge
To put it bluntly, Texas wants President Bush to get out of the way of the state's plan to execute a Mexican for the brutal killing of two teenage girls.
Bush, who presided over 152 executions as governor of Texas, wants to halt the execution of Jose Ernesto Medellin in what has become a confusing test of presidential power that the Supreme Court, which hears the case this week, ultimately will sort out.
The president wants to enforce a decision by the International Court of Justice that found the convictions of Medellin and 50 other Mexican-born prisoners violated their rights to legal help as outlined in the 1963 Vienna Convention.
That is the same court Bush has since said he plans to ignore if it makes similar decisions affecting state criminal laws.
"The president does not agree with the ICJ's interpretation of the Vienna Convention," the administration said in arguments filed with the court. This time, though, the U.S. agreed to abide by the international court's decision because ignoring it would harm American interests abroad, the government said.
Texas argues that neither the international court nor Bush has any say in Medellin's case.
Medellin was born in Mexico but spent much of his childhood in the United States. He was 18 in June 1993, when he and other members of the Black and Whites gang in Houston encountered two teenage girls on a railroad trestle.
The girls were gang-raped and strangled. Their bodies were found four days later.
Medellin was arrested a few days later. He was told he had a right to remain silent and have a lawyer present, but the police did not tell him that he could request assistance from the Mexican Consulate.
Medellin gave a written confession. He was convicted of murder in the course of a sexual assault, a capital offense in Texas. A judge sentenced him to death in October 1994.
Medellin did not raise the lack of assistance from Mexican diplomats during his trial or sentencing. When he did claim his rights had been violated, Texas and federal courts turned him down because he had not objected at his trial. Mexico later sued the United States in the International Court of Justice in The Hague on behalf of Medellin and 50 other Mexicans on death row in the U.S.
If SCOTUS rules in favor of the International Court then you can pretty much kiss the Constitution goodbye.
And everyone laughs at one currency. Bush is giving up The United States rights to the UN.
What A Traitor!!!!!!! Clinton is being handed what is left of this country on a golden platter.
Where are the patriots? Where is God?
GWBush helps out this Mexican POS to skate on the death penalty. But has GW ever said anything about Border Agents Ramos and Compean. They must be bad Mexicans. Bush’s good Mexicans are the ones who invade America
When it comes to Mexico, it’s almost like someone has a hold over him, isn’t it.
It sure is. Or a fetish or compulsion?
Personally, it makes me ill.
"It's the first time in the history of this nation that any foreign tribunal has asserted its authority to command the U.S. justice system," Cruz said.
Here we go with those d@@@@@@@@@@m tribuuuuuuunals. UnAmerican. If the white house wins, then you can kiss our way of life gone.
Look what was said at the end of this article:
Excerpt....
"New York lawyer Donald Francis Donovan, who will argue on behalf of Medellin at the Supreme Court, said the case is about showing the international community that the U.S. lives up to its treaty obligations. "What's at stake is the U.S. commitment to the rule of law," he said.
Cruz calls the administration's decision "breathtaking."
"With the stroke of a pen, by writing a two-paragraph memorandum to a Cabinet official, the president can set aside any state law he or she deems contrary to international comity," Cruz said.
Texas courts: Claim forfeited
Texas courts have found repeatedly that under state law, Medellin has no right to challenge his conviction and sentence, even if the Vienna treaty was violated. There is no dispute that Medellin wasn't notified of his treaty rights when he was arrested, but the state has argued he failed to raise that objection at trial, forfeiting the claim.
The litigation has bounced between Texas and the U.S. Supreme Court for years over procedural issues. On Wednesday, the appeal will finally be considered on the merits.
Michael Matheson, a law professor at George Washington University, said the Vienna Convention and other treaties protect Americans abroad who are charged with crimes. He also cites the need to maintain a good relationship with Mexico.
But Kent Scheidegger of the California-based Criminal Justice Legal Foundation, a victims-rights advocacy group, said the case is about a heavy-handed federal government interfering with state affairs. His group has filed a brief with the Supreme Court on behalf of the parents of Jennifer Ertman. The brief said the girl would be 29 now and "her parents have waited longer for justice to be done in this case than Jennifer lived her entire, much too short, life."
One of Medellin's fellow gang members was executed last year, with Jennifer Ertman's father present as a witness"
Crying.
Here we go with those d@@@@@@@@@@m tribuuuuuuunals. UnAmerican. If the white house wins, then you can kiss our way of life gone.
I agree. Many on here still refuse to believe that.
Looking for a legacy, George? Kill the Iranian nuke program before you leave office. ...the sooner the better.
I thought the U.S. didn’t recognise the international court due to the fact they could bring charges against our military at any time. This is one of the conservative things our CIC was supposed to have done. Am I wrong?
The ICC, began in '95, I believe, handles individual criminal matters.
And
The IJC, began in 1945. handles disputes, it's the Judicial body of the un.
Many are saying they are indeed one in the same. Legally speaking.
Does the un have a relationship with the ICC? Yes. Is the ICJ arm a Un function? Yes.
pdf, one page.
International Criminal Court and UN to sign Historic Agreement on Monday
The un is involved with both the ICC and the IJC. Both organizations seek to harm our constitutional protections and bill of rights.
I should have added the two courts can overlap.
bumping!
I voted for this President twice. And now, as a Father of 2 girls, I can honestly say I hate and despise him.
From illegal immigration, to the border agents in jail and now this. I wish Bush and his whole family would just go away.
I can’t believe this. This animal was convicted while Bush was governor and he was okay with it. Why go to bat for this horrible criminal now?
Medellin fries, Bush cries.
“GWBush helps out this Mexican POS to skate on the death penalty. But has GW ever said anything about Border Agents Ramos and Compean. They must be bad Mexicans. Bush’s good Mexicans are the ones who invade America”
BINGO!
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