Posted on 06/09/2011 11:47:22 AM PDT by La Lydia
Mexicans on both sides of the U.S.-Mexico border are protesting the upcoming execution of a criminal alien rapist and murderer scheduled for July 7, 2011, in Texas. Because the convicted killer is a Mexican citizen, the Calderon government is questioning the procedures that were utilized in sentencing the death row prisoner, Humberto Leal Garcia. The Mexican ambassador to the United States requested this week that Texas Governor Rick Perry delay the execution until a review is completed of the sentencing procedures.
The 38-year old Garcia faces the death penalty for the rape and murder of 16-year-old Adra Sauceda in San Antonio, Texas on May 21, 1994 . Besides Garcia, 50 other Mexicans are sitting on death rows in the U.S.
In a 2004 ruling, the International Court of Justice determined that the United States was not granting death penalty convicts from Mexico their right to legal assistance by their own country.
Mexico's legal system prohibits capital punishment and a treaty with the United States forbids Mexican authorities from extraditing criminals to the United States who face the death penalty if tried in states that utilize some method of execution.
However, a 2008 U.S. Supreme Court decision stipulates that the legal support of a foreign government -- or governments -- is not required in deciding whether to execute a foreign national convicted of a capital offense. The 6-3 majority ruled that state court judges are given the discretion to decide how a sentence is carried out.
That high court decision cleared the way for Texas to execute Mexican citizen Jose Ernesto Medellin by lethal injection in 2008.
However, the U.S. Congress is trying to resolve the conflicting court decisions with legislation. The pending congressional bill -- supported by the liberal-left -- would require states to obey requirements of international treaties, such as the Vienna Convention on Consular Relations.
The Mexican ambassador is urging Texas to delay final judgment on the execution until Congress decides what it will do.
Meanwhile, the Obama administration, which supports the bill, has threatened to withhold federal funding from states that stray from the rules of international treaties. His position angers U.S. Constitutionalists because it places foreign law on a par with U.S. founding documents and U.S. jurisprudence.
"President [Obama's] position and that of the far-left is that the U.S. Constitution is an important document as long as its provisions coincide with those of the United Nations and other internationalist organizations such as the European Union," said Mike Baker, an attorney and political strategist...
Best idea yet.
However, the U.S. Congress is trying to resolve the conflicting court decisions with legislation. The pending congressional bill -- supported by the liberal-left -- would require states to obey requirements of international treaties, such as the Vienna Convention on Consular Relations.
The Mexican ambassador is urging Texas to delay final judgment on the execution until Congress decides what it will do.
Meanwhile, the Obama administration, which supports the bill, has threatened to withhold federal funding from states that stray from the rules of international treaties. His position angers U.S. Constitutionalists because it places foreign law on a par with U.S. founding documents and U.S. jurisprudence.
Ping! We need to keep an eye on this.
To have a foreign national (except for immune diplomats) have a special status under the law would seem to violate the Equal Protection clause.
Oooohhhh! I like! :)
Works for me.
Apprehended, tried, convicted, case appealed for years. Now he will be held accountable to Texas for his actions and after that held accountable by his maker. So be it.
Mexico does not like that? Tough.
There have been more than 30,000 executions in Mexico in the last 5 years. Most of them were tortured before they were killed. This guy in Texas is lucky.
Not only this, it would be a great training ground for troops. Think about the skills and abilities they would be able to hone doing active border security duty down there.
How about launching him back alive on a trebuchet across the border but have a number of skeet shooters using him for practice while in mid-flight?
Fee fi foe FUM. I smell a (democ)Rat with a Mexicun!!!
LOL! I like...
A BILL
To create a civil action to provide judicial remedies to carry out certain treaty obligations of the United States under the Vienna Convention on Consular Relations and the Optional Protocol to the Vienna Convention on Consular Relations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Avena Case Implementation Act of 2008’’.
SEC. 2. JUDICIAL REMEDY.
(a) CIVIL ACTION.—Any person whose rights are infringed by a violation by any nonforeign governmental authority of article 36 of the Vienna Convention on Consular Relations may in a civil action obtain appropriate relief.
(b) NATURE OF RELIEF.—Appropriate relief for the purposes of this section means—
(1) any declaratory or equitable relief necessary to secure the rights; and
(2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of that offense, any relief required to remedy the harm done by the violation, including the vitiation of the conviction or sentence where appropriate.
(c) APPLICATION.—This Act applies with respect to violations occurring before, on, or after the date of the enactment of this Act.
Or use him as a human cannonball and launch him with a man-sized cannon!
They off one another in the hundres over drugs (daily) but WE can’t execute a murderer?
US Border Patrol Weekly Blotter June 2 - June 8
Snips (a few of the listed Border Patrol arrests):
Tucson Sector – Border Patrol agents arrested an illegal alien from Mexico near Naco, Arizona. During processing, the subject admitted to being a member of the Sureño gang. Records checks revealed the subject had an extensive criminal history, including a felony conviction for robbery, and previously had been removed from the United States.
Tucson Sector – Border Patrol agents seized 44 pounds of marijuana, a Chevrolet truck, and arrested a USC at the traffic checkpoint near Tombstone, Arizona. During processing, the subject admitted to being a member of the Sureño gang. Records checks revealed the subject had an extensive criminal history and was a registered sex offender.
Laredo Sector – Border Patrol agents arrested a USC and six illegal aliens from Mexico near Freer, Texas. The USC was charged with alien smuggling. Records checks revealed the USC had an extensive criminal history, including felony convictions in the states of Texas and California for rape by force, kidnapping, assault to commit rape and sexual battery.
Del Rio Sector – Border Patrol agents arrested an illegal alien from Mexico near Brackettville, Texas. Records checks revealed the subject had a prior conviction in the state of Florida for manslaughter and previously had been removed from the United States.
There is one sentence I can think of right now:
“If you would do a better job keeping your people on that side of the line, murderers would commit crimes down there and be subject to your justice system, rather than ours.”
Thanks!
Are you aware of any reference to that? I looked for a while, but could find no mention of any congressional actions of that kind.
Importantly, the Supremacy Clause of the constitution already states that treaties hold sway over States, but only in relation to federal authority. The US is unique in that most death penalty cases are judged at the State level, which is outside of federal authority, even if appealed to the federal level.
A while back, Mexico tried to use the Vienna Convention on Consular Relations (VCCR), to get the International Court of Justice (ICJ) to stop the execution by Texas of one of Mexico’s child rapist-murderers. He had been extradited to the US on a non-capital drug charge, but later charged with murder once he arrived, for which Mexico would not extradite. The ICJ ruled that his case was a US federal, not State matter, so it was appealed to the SCOTUS.
However, W. Bush interfered with an executive order directing the Texas State courts to abide by the ICJ ruling. So the SCOTUS dropped the case. But then Texas refused to obey the executive order, saying that it was not in the authority of W. Bush to issue. So the SCOTUS reopened the case.
The SCOTUS found against him, and Texas then dispatched him.
Gov. Perry's statements about this mess: “The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court.” Of course the Berman legislation aimed to change all that, and Obama would love nothing more than to have us bowing down and kissing the butt of the World Court at the Hague. But we have a way to go before that happens. I can't imagine a state like Texas EVER going along with it.
Then Texas could withhold education and highway funds to the fed.
States ought to anyway.
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