Andy McCarthy roasts President Bush over his support for Mexican Death Row double-murderer Jose Medellin over the state of Texas and American sovereignty. His damning conclusion:
At bottom, the case is about the freedom of Texans to govern themselves, to put sadistic murderers to death if that is what they choose democratically to do, as long as they adhere to American constitutional procedures in carrying out that policy choice. Sure, it offends Mexicans, Europeans, international law professors, and a motley collection of jurists who see themselves as a supra-sovereign tribunal. But that is not a basis for the President to interfere.
The administration has made a great show of promoting democracy. Democracy, however, begins at home.
Just this week, the United States Supreme Court gave us an important look into what kind of global power grabs we face if the Senate ratifies the Law of the Sea Treaty (LOST). On October 10, the Supreme Court heard arguments in the case of Jose Medellin, an illegal alien rapist-murderer now on death row in Texas. Medellin, a citizen of Mexico who lived illegally in the United States, was convicted and sentenced to death after he confessed in 1993 to the brutal rape and murder of two teenage girls in Houston.
Long after Medellin had received the full due process of the American legal system, in 2003 the Mexican government sued the United States in the International Court of Justice (known as the “World Court”), an agency of the United Nations which sits at The Hague in The Netherlands.
In 2004 the World Court ruled in favor of Mexico and ordered the United States to give Medellin another hearing, or perhaps another trial, at which he could receive the assistance of Mexican consular employees.
A 1963 treaty known as the Vienna Convention, which both the United States and Mexico have signed and ratified, provides that aliens who are accused of crimes in a foreign country are entitled to request the assistance of consular officials of their home country. Medellin never requested such assistance until long after he was tried, convicted and sentenced, and after all his appeals were denied.
Of course, Medellin did receive the assistance of competent American legal defense lawyers throughout the process, and there is no reason to think that the presence of a Mexican consul could have made any difference in the outcome.
Incredibly, the Bush Administration has knuckled under to the World Court and tried to order the Texas courts to give Medellin another hearing. The Texas courts properly refused to honor this unconstitutional interference, and the Texas decision was upheld by the Texas Court of Criminal Appeals.
This case shows why the U.S. Senate should not agree to diminish American sovereignty by ratifying another UN treaty called the Law of the Sea Treaty (LOST)…
As I mentioned, the White House supports LOST, too.
A wholly fitting acronym…