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3/28/2005

Bush v Bush

President Bush is apparently now at odds with Governor Bush (I'm talking about Gov. Bush of Texas here and not the one in FL) on the issue of executing citizens of other countries without notifying their consulate that they have been arrested which is in violation of the 1969 Vienna Conventions which was ratified into law the the Senate back then.

This is from and ABC News report:

"Justices were scheduled to hear arguments Monday in the case of Jose Medellin, who says he is entitled to a federal court hearing on whether his rights were violated when a Texas court tried and sentenced him to death in 1994 without giving him consular access. "

Let me just say at this point that I'm not a lawyer, but I don't really understand this next part of the article.

"In 1969, the Senate ratified the Vienna Convention, which requires consular access for Americans detained abroad and foreigners arrested in the United States. The Constitution states that U.S. treaties "shall be the supreme law of the land," but does not make clear who interprets them."

If the treaty requires consular access and the Constitution states that US treaties "shall be the supreme law of the land," I'm not sure what kind of interpretation needs to take place. I mean either you provided consular access or not, I can interpreate that.

Here is the Bush about face.

"The case also pits the authority of state courts against the Bush administration, which in a surprise move last month ordered states to comply with the ICJ ruling and hold new hearings. At the same time, the administration said it was withdrawing from a section of the treaty so that the ICJ could no longer hear U.S. disputes."

Of course not only has Bush changed his mind, but so has Alberto Gonzalez which is amazing considering Bush and Gonzalez spent a lot time in Texas trying to find ways to kill foreign prisoners.

Here is part of a previous post I made on this site regarding this issue.

"While he was the legal counsel for then Gov. Bush in Texas, Gonzales presided over the execution of a Mexican national in direct violation of the Vienna Convention which requires that the consulate of an arrested foreign national be contacted at the time of arrest. Texas, of course didn't do this. Gonzales offered this incredible defense, "Since the State of Texas is not a signatory to the Vienna Convention on Consular Relations, we believe it is inappropriate to ask Texas to determine whether a breach occurred in connection with the arrest and conviction." Sure the United States signed the agreement and the last I checked Texas was a part of the United States, but I guess now whenever an international treaty is signed, the President and the Gov. of Texas both have to sign."

The entire previous post is here.

I wonder how all those people who love the "Stay the course" George W Bush feel about this.

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