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Old 06-14-2007, 09:45 PM
 
452 posts, read 1,132,210 times
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Many Americans are not aware that the Mexico v. United States case, also known as the Avena decision, was decided against the U.S. by the U.N.’s International Court of Justice (ICJ) and that the Bush Justice Department sided with the ICJ. What’s more, the Bush Justice Department took the case to the U.S. Supreme Court in order to force U.S. states to legally recognize the “rights” of Mexicans who kill Americans on U.S. soil. A decision from the Supreme Court is pending.

The case was taken to the ICJ by the government of Mexico on behalf of 51 of its citizens who had carried out these murders in the U.S. The argument advanced by Mexico on behalf of the killers was that they were not afforded a timely opportunity to meet with Mexican representatives in the U.S. known as consular officers. This was said to be required under the Vienna Convention.
Current figures show 124 foreign nationals on death row in the U.S. Fifty-five of those are from Mexico. Most of them are on death row in California or Texas.

Bellinger explained that “The cases covered by the ICJ judgment all involved heinous murders, including of young children. Some proceedings had gone on for many years, with the victims’ families patiently waiting while our state and then federal courts reviewed the outcome to ensure that it fully complied with our laws. Yet the ICJ judgment nonetheless required us to review these cases again to consider the unlikely possibility that the outcome would have been different if the defendant had been asked whether he wanted his consular officer notified of his arrest.”

The ICJ “ordered the United States to review the cases of 51 Mexican nationals convicted of capital crimes,” Bellinger told the audience. Citing U.S. sovereignty and the concerns of the victims’ families, the Bush Administration could have ignored the ICJ ruling. But Bush, “acting on the advice of the Secretary of State,” decided to “require each State involved to give the 51 convicts a new hearing,” he said. Hence, Bush sided with convicted killers from Mexico against the American victims and their families.
Presidential Power

How did the President do this? On February 28, 2005, Bush simply made a “determination” and assumed the power to tell the states what to do.

He declared, “I have determined, pursuant to the authority vested in me as President by the Constitution and laws of the United States, that the United States will discharge its international obligations under the decision of the International Court of Justice in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America), 2004 I.C.J. 128 (Mar. 31), by having state courts give effect to the decision in accordance with general principles of comity in cases filed by the 51 Mexican nationals addressed in that decision.”

The Bush Justice Department argued that the president has the power to do whatever he wants to do. “In particular circumstances, the President may decide that the United States will not comply with an ICJ decision and direct a United States veto of any proposed Security Council enforcement measure,” it said. “Here, however, the President has determined that the foreign policy interests of the United States justify compliance with the ICJ’s decision.”
Cliff Kincaid -- Bush Sides With Mexican Killers Against U.S.
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Old 06-15-2007, 05:43 AM
 
Location: SW Kansas
1,787 posts, read 3,849,553 times
Reputation: 1433
Well that makes it clear, doesn't it? Not only are we required to give non-citizens the rights of citizens, but we must give them even more.
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Old 06-15-2007, 08:30 AM
 
1,156 posts, read 2,088,930 times
Reputation: 337
This administration is just unbelievable, one more thing that will lead to the last straw. Americans will not keep putting up with our country being handed over to Mexico.
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