Skip to comments.Jose Medellin and International Law
Posted on 10/10/2007 6:25:15 PM PDT by shield
Rick G over at Lone Star Times provides a relentlessly honest look at the case of rapist/murderer/illegal immigrant Jose Medellin and the Bush Administrations concerns vis a vis the Vienna Convention on Consular Relations. I highly recommend reading the whole thing if you want to be fully informed on this increasingly contentious case. At issue is whether or not Medellin - a man undoubtedly guilty of a horrible crime - shold have his case reconsidered because the Texas authorities did not provide access for Medellin to the Mexican consulate prior to his trial and conviction.
Texas is holding that since Medellin did not bring this up at trial he de-facto waived his rights - which are unquestioned under the Convention: people arrested in foreign lands have a right to consular access and it is incumbant upon the State authorities to notify the consulate in question when a national of that consulate is arrested.
To listen to my fellow conservatives, President Bush has essentially sold us down the river to the UN and the ICC over this issue. Somehow or another, a rather arcane legal case has been translated by some into a case where UN/ICC law will now trump US law unless Medellin is executed without review under the provisions of the Convention. Over in the real world, all that President Bush has done, as noted in Lone Star Times, is observe that the Convention does call for consular access. Additionally, President Bush has asked the courts of Texas to review the case - not to overturn it, but to ensure that the failure to provide consular access didn't alter the outcome of the trial (it is clear even on a cursory examination that 10,000 Mexican consuls would not have been able to alter the trial result - Medellin is guilty, guilty, guilty). Finally, Preasident Bush has also announced a US withdrawal from that part of the Convention which allowed the ICC to intervene in American criminal justice - of course, this can't change the past; Medellin's crime is from a period of time when the US was so bound by the Convention.
I'm not too worked up over this - Mr. Medellin has a date with the executioner, and all of this legal battle is just so much nonsense, propelled forward by death penalty opponents and the Mexican government, always willing to defend criminals, provided the crimes were committed in the United States. I oppose the death penalty on principle, and I can't see the worth in executing Mr. Medellin - his death won't bring back the dead, and his sitting in relative comfort on death row is not exactly a strong deterrent message....much better would be to have Mr. Medellin breaking rocks in the hot, Texas sun with a ball and chain bolted to his ankle. Misery is what a murderer needs - to give him time to think about his deed.
The more worrisome development here is the clearly white-hot anger people feel against all things Mexican. I would advise my fellow conservatives that Know-Nothingism went nowhere in the 1850's, and the same fate awaits anyone who tries it here in the 21st century. Please keep in mind that the Mexican people aren't out to destroy the United States - have a sense of proportion.
Do yourself a favor, stop hyperventilating. Put your adult glasses on and educate yourself some (read this post). Regards.
Ping (worth the read).
Like the ACLU would ever allow that to happen.
Hi There. I did not post to this thread, so why would you ping me to it? I have no idea what you are referring to?
If you could be specific. Thank you.
Then the Bush haters here at FR start coming out of the shadows attacking him. Again the Bush haters have been sucked in by the lamestream media. SHAME ON THEM!!!
>>Additionally, President Bush has asked the courts of Texas to review the case - not to overturn it, but to ensure that the failure to provide consular access didn’t alter the outcome of the trial (it is clear even on a cursory examination that 10,000 Mexican consuls would not have been able to alter the trial result - Medellin is guilty, guilty, guilty).<<
If the conviction is thrown out, anything can happen. Witnesses and evidence may not be available now.
Bush’s action challenges the convictions about 50 other Mexicans on death row in the USA. Bush has a long history of representing Mexican interests over US interests.
Unfortunately he takes Mexico even more seriously, as he continues to favor Mexicans over American citizens. Can't help but wonder about that, and many Americans are rightfully absolutely disgusted with him.
You know, that Constitution that he put his hand on a Bible, and swore to uphold?
U.S. Constitution, Article 4 Section 4:
"The United States shall guarantee to every State in this Union a Republican Form of Government,
1. The act of invading; the act of encroaching upon the rights or possessions of another; encroachment; trespass.
QUISLING: a synonym for traitor, someone who collaborates with the invaders of his country.
Dr. Wheeler says lots of gone over edge with their hatred for Bush.
I have a problem with presidents who swear to uphold the Constitution, but who are in fact dedicated to merging the USA into international unions.
I have to agree with Dr. Wheeler...”they’ve let their bitterness towards Bush unhinge their brains. They are so mad it has driven them mad.” I have to agree...
“Bushs action challenges the convictions about 50 other Mexicans on death row in the USA. Bush has a long history of representing Mexican interests over US interests.”
Yes he does!
“I have a problem with presidents who swear to uphold the Constitution, but who are in fact dedicated to merging the USA into international unions.”
So do I. The “hate Bush” mantra is getting very old.
Good comment and I agree with you.
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