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Bush fights Texas over Mexican's death row case
Houston Chronicle ^ | October 7, 2007

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.


TOPICS: Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: aliens; bush; compean; crimaliens; hispandering; immigrantlist; immigration; presidentbush; ramos; raped; readdailykos; strangled; voteclinton2008
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To: uxbridge
The Murders of Jennifer Ertman and Elizabeth Pena
21 posted on 10/09/2007 10:06:38 AM PDT by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: processing please hold
I’ve lived long enough to not be surprised by much of anything, but it is high time we took those rights back!
22 posted on 10/09/2007 10:08:17 AM PDT by SouthTexas
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Comment #23 Removed by Moderator

To: tennteacher
"He’s already the de facto president of much of it."

This is as true as it is unfortunate.
24 posted on 10/09/2007 10:12:05 AM PDT by LIConFem (Thompson 2008. Lifetime ACU Rating: 86 -- Hunter 2008 (VP) Lifetime ACU Rating: 92)
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Comment #25 Removed by Moderator

To: LIConFem

I’d vote for him.


26 posted on 10/09/2007 10:13:36 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: uxbridge

State’s rights, Bush needs to shut up.


27 posted on 10/09/2007 10:15:13 AM PDT by Anonymous Rex ( For Rent)
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To: Still Thinking

LOL!! Me too, come to think of it! ;o)


28 posted on 10/09/2007 10:15:54 AM PDT by LIConFem (Thompson 2008. Lifetime ACU Rating: 86 -- Hunter 2008 (VP) Lifetime ACU Rating: 92)
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To: SouthTexas
There is only one way to do that. "Repeal the un Participation Act."

Our leaders won't do that. We can bitch and moan till hell freezes over but until they repeal it-it ain't gonna happen.

Quote

The first step towards withdrawing from the United Nations would require the repeal of the UN Participation Act outright. Repeal would require the closing of the U.S. mission to the UN, and the withdrawal of all U.S. government delegations. The second step would be to give notice of withdrawal from accession to the UN Charter and from the Statute of the International Court of Justice.

Unquote

29 posted on 10/09/2007 10:16:50 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: uxbridge

Bush is no longer welcomed in Texas....I suggest Maine....


30 posted on 10/09/2007 10:19:11 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: uxbridge

Bush wants court to rule agin him.


31 posted on 10/09/2007 10:19:15 AM PDT by larryjohnson (USAF(Ret))
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To: All

Are you aware that the un’s existence itself is a ‘treaty?”


32 posted on 10/09/2007 10:19:20 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: uxbridge

Sit down Jorge!....just ‘cause you have a cozy relationship with the Fox and have forgotten how many killers you toasted in Texas doesn’t mean the frying stops!


33 posted on 10/09/2007 10:20:04 AM PDT by AngelesCrestHighway
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To: All
and from the Statute of the International Court of Justice.

Everybody catch that?

34 posted on 10/09/2007 10:21:24 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: processing please hold

One other, The Republic of Texas. ;)


35 posted on 10/09/2007 10:30:21 AM PDT by SouthTexas
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To: SouthTexas
One other, The Republic of Texas. ;)

Lol

People on FR scoff at the un. They underestimate our enemy when they do.

36 posted on 10/09/2007 10:36:25 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: processing please hold
Scoff at the UN yes, underestimate them, never.

Have heard several of the talk radio stations in Texas picking up on the ROT theme lately.

37 posted on 10/09/2007 10:42:57 AM PDT by SouthTexas
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To: processing please hold

Appears to me, he is trying to protect Americans overseas...make other countries have to follow the ICJ and allow Americans to talk to US reps before being railroaded through their foreign court systems...on the surface appears bad, but the big picture may be something else. Just my opinion and NO I don’t care for the ICJ!

Then again he may be forcing the issue of rights with the US courts....

Not a battle worth stiring up without a darn good reason...


38 posted on 10/09/2007 10:43:47 AM PDT by anotherdubya
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To: SouthTexas

I believe this is a test case to see just how far the IJC can go.


39 posted on 10/09/2007 10:50:57 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: anotherdubya
Appears to me, he is trying to protect Americans overseas...

Don't kid yourself. If I go to England and break their laws, I expect to be tried by British law, not American.

Not a battle worth stiring up without a darn good reason...

To me the reason is obvious.

40 posted on 10/09/2007 10:54:18 AM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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