Reading and listening to the news media, the uninformed might think that the international issues surrounding Humberto Leal’s execution have only just been uncovered. It might appear that the Obama administration has some sort of leg to stand on. These impressions are entirely without merit.
The whole issue Leal’s lack of access to Mexican consular officials after his arrest has been litigated. Let’s set aside the facts that Leal never revealed his Mexican citizenship after his arrest and that his lawyers never raised the issue before, during or after trial, including his first trip up the habeas corpus ladder. When he filed a petition based on President George W. Bush’s order to the states that they review the cases of the 51 Mexican citizens on death row across the country at that time, that was fully litigated and denied by the Texas Court of Criminal Appeals (the highest criminal appellate court in Texas). He then filed a second federal habeas petition which was denied by the district court, appealed, and rejected by the Fifth Circuit in 2009 (573 F.3d 214).
The current administration and the media have tried to bolster their position (and yes, it is the same position) by suggesting that Bush endorsed the ruling of the International Court of Justice that led to his order that the states review the Mexican cases. Rather, Bush only ordered the review because he thought he was duty-bound to do so, because the US was a signatory to the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention, which says that ICJ decisions are binding on the parties before it. He was under the impression that the Optional Protocol was binding on the states. However, in 2008 the US Supreme Court said no, in Medellín v. Texas (552 U.S. 491). Since the Supreme Court, not the Executive Branch, decides what is and isn’t the law, it didn’t matter what President Bush thought and it doesn’t matter what President Obama thinks.
The Supreme Court said no because the Optional Protocol is not self-executing. In other words, it requires enabling legislation. Now at the last minute, the Administration is arguing to the Supreme Court that enabling legislation has been filed in Congress and the Court should wait to see if it passes. This is the only arrow left in the quiver of the Administration and it is blunted, bent, splintered and missing fletchings.
Congress has had three years since Medellín to pass enabling legislation. It chose not to do so with the proposed Avena Case Implementation Act of 2008, introduced into a Nancy Pelosi-controlled House of Representatives by four liberal Democrats. It never made it out of committee, not to mention across the Capitol.
Now Senator Patrick Leahy has introduced S. 1194. It has no chance of passage, despite the Administration’s repeated assertions that it’s strong support makes a difference. I seriously doubt it would get through the Senate, but it doesn’t have the tiniest hope of getting through the House. It is telling that amicus brief goes on and on about the Senate and does not even mention the House of Representatives.
It is not even as if the passage of S. 1194 would have any effect on the execution of Humberto Leal. It might give him a chance to have a court determine whether not having had consular access unfairly prejudiced his case. The chances of success in such a challenge are infinitesimal. Leal’s guilt in perpetrating a gruesome crime is indisputable. Even the Mexicans admit that.
The last shred of his case, if the Supreme Court were to stay the execution, and if the Congress were to pass S. 1194, is a court might find that had the Mexican government hired the right attorneys for him (if they even would have done so at the time), those attorneys would have presented evidence in his punishment phase differently so that the jury would not have given him a death sentence. The Administration insists in its brief that unless this charade is played out, relations with Mexico will be irreparably damaged and all Americans traveling abroad will be put at risk. There is simply no credibility in any of this.
Unlike the characterizations by the Administration and media, this case has nothing to do with Texas refusing to follow international law. The Supreme Court answered that in 2008. This cases had been litigated and re-litigated, examined and re-examined, for years. It is time for the sentence to be carried out and the Obama Administration to stop interfering.
More From the Cretins in the Kremlin
July 18, 2007 Leave a comment
It beginning to feel a bit like a James Bond film, but there’s no fiction involved. More and more evidence is emerging that the Kremlin has revived its policy of assassinating enemies wherever the can be found around the world.
As noted in The Times:
Putin opponent Boris Berezovsky said that there had been an attempt to assassinate him and Scotland Yard acknowledged it was true, but that they had sent the assassin back to Russia a couple of days after they arrested him. You have to wonder what was going on there, but the Yard wouldn’t divulge anything else.
Russia has also been flexing its atrophied military muscle. Two bombers were headed into British airspace yesterday from their base in on the Kola Peninsula. RAF jets were scrambled to intercept them and Tu95s turned back before reaching British airspace. The RAF characterised it as a rare incident.
The Kremlin seems to think they are on the moral high ground become the British will not allow for the extradition Putin political opponents wanted for “corruption” in Moscow, but the British Government knows that there is no such thing as a fair trial in Russia and once convicted, opponents of the State will be subjected the worst violation of human rights in Siberian labour camps.
We won’t be bullied by the Russian bear. We cannot tolerate the revival of the their tactics. The Russians will just have to keep sending over hit men. The police and MI5 will just have to catch them and bring them to British justice. At the same time, Russia needs to be diplomatically isolated – something it really can’t afford.
Filed under Commentary, Crime, News, Politics, Russia