Posted on 07/07/2011 3:21:14 PM PDT by jazusamo
(Reuters) - The U.S. Supreme Court on Thursday rejected a last-minute stay of execution in a Texas case involving a Mexican national who was not told of his right to diplomatic counsel when arrested.
(Excerpt) Read more at reuters.com ...
A freeper on another thread said leal should fry, and then to be culturally sensitive, he should refry.
I guess that mkes him a refried beaner! :o)
Excuse me but, in the Arizona suit, isn't the Obama administration taking the position that a person's legal status isn't local law enforcement's business?
In which case, wouldn't it have been up to the Leal creep to shout "Hey, I'm an illegal! Get me the Mexican counsel."
Wonder if ol' Eric can explain the dichotomy...
On Obama's argument that they're working on a law mandating notification, "Our task is to rule on what the law is, not what it might eventually be."
They note there has been a case like this before in 2008, and despite claims then that a law would be enacted, it hasn't, "If a statute implementing Avena had genuinely been a priority for the political branches, it would have been enacted by now. ...The United States and JUSTICE BREYER complain of the grave international consequences that will follow from Leal's execution. ... Congress evidently did not find these consequences sufficiently grave to prompt its enactment of implementing legislation, and we will follow the law as written by Congress."
The conservative bloc follows the law as written, and the liberal block follows the law as they hope it will one day be.
Sufficient warning for this American, I'll try real hard not to murder and rape anyone if I travel abroad.
Who are you, the posting police?
Couldn’t Obama pardon the guy?”
Bet Obama spends his last week in office emptying all the prisons with his executive pardons.
“his lawyers knew about that but thought they’d play the last trump card.
I don’t think his lawyers knew his status. He certainly didn’t tll the police
and the first time this came up was in 2000, 5 YEARS after he was convicted. Leal said he found out from another inmate.
I agree. he got the same rights as a citizen and now he will be Gone
too bad it will be so peaceful for him compared to the agnony his victim suffered
“his lawyers knew about that but thought they’d play the last trump card.
I don’t think his lawyers knew his status. He certainly didn’t tll the police
and the first time this came up was in 2000, 5 YEARS after he was convicted. Leal said he found out from another inmate.
I agree. he got the same rights as a citizen and now he will be Gone
too bad it will be so peaceful for him compared to the agnony his victim suffered
“They also neglect to say that the criminal in question had been living in the US for 36 years prior to him being arrested. He wasn’t fresh over the border.”
Actually he’s 38 now and was arrested the day after the murder. Yes he had been living in the US since he was 2 but not 36 before he was arrested.
Doesn’t matter. 20 minutes from now he’ll have his last cocktail.
Wishful thinking. He’ll go peacefully in his sleep. Not like what he did to that girl.
It’s been too close for too long. It’s going to be hair raising when they get Obamacare.
Well then you’re right. He received all the rights American citizens have. Maybe he’ll have an embolism during the injection that’ll cause some pain. Maybe he’ll think about what he did to her as he dies.
That would be a dream issue for 2012 race, and I would stick it in every other GOP campain ad. The punk turd POTUS isn't that stupid.
Bit of clarification. The treaty was ratified, but the notification clause was never written into US law. The treaty is not considered to be self-executing, and therefore requires legislation to enforce it. This does violate the treaty, but it is the fault of Congress and the President for not implementing the provision in US law. This cannot be an oversight because the issue has come up before.
I sincerely hope the constitutional law professor that resides in the WH impersonating a president reads that, that's outstanding!
The treaty is implemented with the assumption that the local authorities can easily tell if a person is a foreign national. The treaty doesn’t consider that a person may have been raised in a country, effectively an native in every way but legalities, and the officials are supposed to somehow magically know that the person is a foreign national. The reason is that the treaty assumes no laws are being broken prior to the arrest. It assumes a foreign national would be in another country legally, or would at least let the officials know he was a foreign national. At that point the officials would know they’re supposed to inform him of his right to contact his consulate. It didn’t consider someone would spring a “I’m a foreign national” surprise last minute.
I’m all for implementing legislation here. However, the requirement for notification of rights under the treaty should be contingent upon the police knowing or having reasonable suspicion that the suspect is a foreign national.
The funny thing here is that they basically have to implement profiling in order to protect the rights of foreign nationals. “Yes, he was wearing full Arab garb, had a long beard and spoke with a heavy Arabic accent, but we’re not supposed to profile people so we didn’t inform him of his rights.”
Everyone is missing the key point here, IMHO. Obama’s decision to intervene at the last minute was a purely political one, designed to embarass Perry, and Republicans, and hopefully to elevate Obama’s stature in the Latino community. Be assured that if Perry is the nominee, we’ll see “ads”..flyers...in Spanish, all over states with major Latino populations, “reminding” them that the gringo Perry executed the guy..
To counter that remind everyone Garcia raped a killed a hispanic girl.
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