Supreme Court: States not bound by world court

http://nwanews.com/adg/National/220866
DEMOCRAT-GAZETTE PRESS SERVICES
Posted on Wednesday, March 26, 2008

WASHINGTON — The Supreme Court on Tuesday ruled that Texas and other states don’t have to grant new hearings to dozens of Mexicans who weren’t told they could seek consular assistance upon arrest and are now on death row for murder. The justices, voting 6-3, refused to enforce a 2004 decision by the International Court of Justice, which said 51 Mexican nationals had been deprived of their rights and were entitled to a new hearing. Texas said that under its criminal procedures the men weren’t entitled to have their cases reconsidered. “Not all international obligations automatically constitute binding federal law enforceable in United States courts,” Chief Justice John Roberts wrote for the court. The case tested the respective roles of the three American branches of government and the level of deference the U. S. should give to international tribunals. The fight found President Bush’s administration in an unusual position, arguing against his home state and in favor of expanded procedural rights for a group of convicted murderers.

The Supreme Court ruling acknowledged that Bush, in pressing Texas to take another look at the case, was acting on behalf of the “plainly compelling interests” of fostering observance of the Vienna Conventions and trying to maintain good relations with other countries. However, the ruling added, “The president’s authority to act, as with the exercise of any governmental power, ‘must stem either from an act of Congress or from the Constitution itself. ’” The administration argued unsuccessfully that the Supreme Court should defer to the president’s conclusion, laid out in a memo to his attorney general, that Texas courts should give a new hearing to Jose Ernesto Medellin and other Mexican nationals. Texas officials contended that under state law, Medellin waived his right to argue about consular notification because he didn’t raise the issue until his conviction and death sentence had been upheld on appeal. Texas said Bush was encroaching on the rights of states to enforce their own criminal-procedure rules. Justices Antonin Scalia, Clarence Thomas, Anthony Kennedy and Samuel Alito joined Roberts’ opinion. Justice John Paul Stevens wrote separately to say he agreed with the outcome, though not all of Roberts’ reasoning. Roberts rejected contentions that three treaties signed by the U. S. obligated the country’s state courts to comply with the World Court’s judgment. He said that “none of these treaty sources creates binding federal law in the absence of implementing legislation.” Roberts added that the president can’t “unilaterally” turn a treaty into binding domestic law.

“The responsibility for transforming an international obligation arising from a non-self-executing treaty into domestic law falls to Congress,” he wrote. Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented. Breyer said the ruling means “the nation may well break its word even though the president seeks to live up to that word and Congress has done nothing to suggest the contrary.” Stevens in his concurring opinion suggested that Texas should now grant hearings to the inmates. Texas Solicitor General Ted Cruz, who argued the case for the state, said the ruling “categorically prohibits foreign courts from undermining American sovereignty and independence.” White House spokesman Dana Perino said, “We’re disappointed with the decision, but we’re going to accept it.” Donald Donovan, the lawyer who represented Medellin at the Supreme Court, said Congress and the president now should enact legislation to make the World Court decision binding on state courts. “Having given its word, the United States should keep its word,” Donovan said. Medellin was convicted in a Texas state court of taking part in the 1993 gang rape and murder of two teenage girls in Houston. His lawyers argued that he wasn’t aware of his consular rights during his trial and that Mexican authorities didn’t learn of his detention until he wrote to them after his conviction was upheld in 1997.

One Mexican national among the 51 in the international court case had been on Arkansas’ death row but was taken off in 2004 after his sentence was changed to life without parole. Rafael Camargo had originally been sentenced to death in the October 1994 shotgun deaths of his former girlfriend, Deanna Petree, and her 15-month-old son, Jonathan Macias. Camargo, 42, is an inmate at the Varner Unit. The case decided Tuesday is Medellin v. Texas, 06-984. In other business, the Supreme Court refused to expand the role of the judiciary in reviewing arbitration awards under federal law. The 6-3 decision came in an environmental cleanup dispute, one of the hundreds of thousands of disagreements companies and individuals choose to submit to arbitrators each year. Writing for the majority, Souter said the law’s essential virtue is in “resolving disputes straightaway.” The Supreme Court, Souter wrote, has “no business” expanding judicial review beyond what the law allows. In dissent, Stevens said the majority’s decision “conflicts with the primary purpose” of the Federal Arbitration Act because it “forbids enforcement of perfectly reasonable judicial review provisions.” The case is Hall Street v. Mattel, 06-989.

Information for this article was contributed by Greg Stohr of Bloomberg News; David Stout of The New York Times; Arkansas Democrat-Gazette staff; and Pete Yost of The Associated Press.

This is a very good ruling for jailing neglected Mexican citizens who commit crimes and stopping further demand by the socialist Int. Court of Justice that we give even more “rights” to illegals. However, there is still the fact that the negligence of the Mexican and American government is causing the deaths of more US citizens than the war of terror. All for the profit of a few corrupt companies like Tyson Foods and Cargill. It is disappointing to see the Bush administration putting the interest of the Mexican Narco-Regime ahead of immigration reform and 10th Amendment of the U.S. Constitution. Next time Gov. Beebe or some other politician claims that we don’t have the resources to enforce immigration laws, ask them if looking for a woodpecker or building a walkbridge was as important as Deanna Petree or Johnathan Macias.

Special Session coming up

Governor Beebe Issues Call For Special Legislative Session
Natural-gas severance tax currently only item on March 31 call
Friday, Mar 21, 2008 governor.arkansas.gov/newsroom/index.

LITTLE ROCK – Governor Mike Beebe announced this morning that he is calling the 86th General Assembly into a special legislative session beginning Monday, March 31. The only item currently listed in the call is the governor’s proposed increase to the severance tax on natural gas. Governor Beebe may amend the call to include technical changes to the Arkansas marriage-age law and a bill regarding the unitary status of certain Central Arkansas school districts. The governor’s proposal would not increase the natural-gas bills of residential-or-business customers in Arkansas. Ninety-five percent of the severance-tax revenue would be dedicated to Arkansas roads, utilizing the current formula of 70 percent to state highways, 15 percent to counties and 15 percent to cities. The other 5 percent would go to general revenue.

By conservative estimates, the new severance-tax rate would generate about $57 million for the State in the first year, increasing each year and reaching the $100 million mark by the year 2013.Governor Beebe hopes the special session will last the shortest requisite length of three days to minimize the cost to taxpayers.
I just heard this from the radio. I don't know if there is a way to introduce another bill to the session.

Acambaro out to regain assets seized in raids

BY MARK MINTON
Posted on Sunday, March 16, 2008
http://www.nwanews.com/adg/News/219869/

When immigration agents seized Acambaro restaurants’ bank accounts, real estate and equipment in a raid last December, the chain promptly declared bankruptcy. The maneuver set up an unusual legal tug-of-war now unfolding in Fayetteville. U. S. Attorney Bob Balfe said Acambaro Mexican Restaurant Inc. and two subsidiaries, which operated a chain of restaurants in Benton and Washington counties, should forfeit the property because it represents the profits of illegal labor. However, Acambaro’s bankruptcy attorney said the government should get its hands off assets the business needs to reorganize and pay obligations under bankruptcy laws. “Today, we have 75 legal Americans working in these restaurants, and we’d like to keep them employed,” said John Blair. In the courtroom one floor above in the John Paul Hammerschmidt Federal Building in Fayetteville, Acambaro and four of its operators face criminal charges of harboring illegal aliens and money laundering.

Immigration and Customs Enforcement agents arrested 23 suspected illegal aliens in the Dec. 10 raid. The government claims Acambaro knowingly hired illegal aliens. Trial is scheduled for June 2. Noting that neither the restaurant nor any of its operators has been found guilty, Blair petitioned the bankruptcy court to order the government to release eight Acambaro trucks, business computers and $ 149, 000 from bank accounts. Chief among the debts that Acambaro officials say the business needs the money to satisfy: state and federal taxes. Assistant U. S. attorney Debbie Groom said it would be wrong to allow criminal defendants whose assets are seized because of alleged crimes to duck into bankruptcy court to get their property back. “That would be bad public policy,” Groom said. Defendants could blow through all the cash before the government could complete its prosecution and win a forfeiture order. That would defeat the whole point, she said, and allow criminals to profit from ill-gotten gains. “The whole purpose of the forfeiture is that this is illegal money,” Groom said. Groom and Blair took their arguments to U. S. Bankruptcy Judge Ben Barry during a hearing last week. The judge made no immediate ruling. Paul Cottrell, special agent with the immigration enforcement office in Fayetteville, said the money seized from Acambaro’s accounts at Arvest Bank now is being held in a U. S. Treasury “suspense fund” while government forfeiture actions proceed on two tracks.

The agency is pursuing an administrative forfeiture action that Cottrell said soon will be transferred to U. S. District Court as a civil forfeiture case. Meanwhile, the U. S. attorney’s office is pursuing criminal forfeiture, Groom said. If the government wins, it keeps the assets, as often occurs in drug seizures. But the forfeiture cases are expected to take several months to conclude, Groom said. Until then, at least, Acambaro has every right to use its trucks, computers and cash to run its business under Chapter 11 bankruptcy protection, Blair asserted. The government also has moved to seize $ 3. 5 million in real estate owned by Arturo Reyes Jr. and the other principals in the business. Blair said he’s not arguing for the government to release those claims, because it has not ordered the business or individuals off the properties. Acambaro continues to operate in select locations — and is profitable, Blair said. Not as profitable as it was before, however. Cottrell testified that the Acambaro investigation turned up $ 10 million in bank deposits, dating to June 2004. Much of it was in cash, and investigators determined the restaurant “was engaged in money laundering,” he said. While testimony at previous hearings has revealed that Acambaro often paid its employees in cash, Cottrell testified last week that the restaurant paid between minimum wage and $ 10 an hour. Questioned by Blair, he acknowledged that Acambaro tax records show that the business was generating more than $ 1 million per quarter during 2007. During 2006, the restaurant also generated “several million dollars,” he said. At the end of the hearing, the bankruptcy judge gave Groom and Blair two weeks to present briefs. Barry also said that he planned to make a decision soon after, because the issue will be moot the time the forfeiture cases wrap up. Acambaro could be through by then, too. “By then,” the judge said, “they’ll be out of business.”
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Update on the possible special session:
www.arkansasnews.com/archive/
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Immigration reform possibilities

Hispanic community (Illegals) fears new powers given to local police[Arkansas] AP ^ Jon Gambrell
Posted on 03/10/2008 7:18:00 PM PDT by BGHater

Hispanic immigrant workers who toil on red-clay construction sites and cut flesh from bone on poultry plant lines in northwest Arkansas, helping to fuel the region's economic growth, say they've become targets for local police who are conducting raids once left to a few federal agents stationed here. After changes in state and federal law, local police, sheriff's deputies and state troopers throughout Arkansas can help enforce federal immigration laws. Recent raids in northwestern Arkansas rounded up a handful of illegal immigrants but even those with a legal right to be in the United States face questions. "It feels like it is dangerous to be Hispanic," activist Jim Miranda said. Read more here:

http://www.freerepublic.com/focus/f-news/1983645/posts

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Got this in my email today

House Minority Leaders are now introducing a "discharge petition" to force Speaker Pelosi and her leadership to bring the Secure America through Verification and Enforcement (SAVE) Act (H.R. 4088) to a vote on the floor of the House of Representatives. SAVE is a bi-partisan bill that enjoys widespread support. 141 House members have signed on as co-sponsors. House Majority Leaders do not want the bill to move quickly to the floor. Therefore, a "discharge petition" is needed to move it to the floor for immediate consideration. A "discharge petition" is a special procedure designed to allow House members to bypass obstructionist committees and move a bill directly for full House consideration. 218 House members must sign the petition to allow it to go to the floor. If successful, the discharge petition will bring the bill before the House for a vote.
Moving the SAVE Act to the floor is our best chance this year to get the full House to vote on a pro-enforcement bill that can help stem the tide of illegal immigration. About the SAVE Act: The SAVE Act is a bi-partisan bill written by Congressman Heath Schuler (D) of North Carolina. FAIR Advisory Board co-chair Congressman Brian Bilbray (R) of California has taken the lead for Republicans. The SAVE Act has been around since November 6, 2007, but it has languished in committee despite its widespread support in the House, including 48 Democrats. What would SAVE do? The SAVE Act would reduce illegal immigration by both increasing border security and by improving interior enforcement. The measure would add technology, infrastructure and personnel at the border. It would provide grants to border towns and counties to assist with enforcement of criminal law. The number of federal judges would be increased in border states,thereby increasing the number of immigration offenses that could be tried in those states. The SAVE Act would also bolster the alien smuggling and harboring provisions of INA §274. Most importantly, the SAVE Act would make it mandatory for all employers to use the E-Verify electronic employment verification system, creating a quick and efficient way to verify the legal status of their employees. This would reduce the employment magnet bringing so many illegal immigrants into the U.S.
To repeat: The House Discharge Rule provides a way for members to bring legislation to the floor when it has become mired in the committee or when the majority refuses to allow floor action. Under House Rules, a member may submit a discharge petition to the Clerk of the House on any bill committed for more than 30 days. The Clerk then keeps the petition available for members until 218 signatures are achieved. Once the discharge petition receives 218 votes, a member can make a motion for the bill to be discharged from committee and brought to the floor for a vote. Please call your Representative TODAY to urge them to sign the discharge petition on the SAVE Act! Please call your Representative TODAY to tell them that the SAVE Act -- H.R. 4088 -- is a common-sense first step in solving the immigration crisis. Tell them that signing the discharge petition on the SAVE Act will help promote real immigration reform in the United States. And tell them that if they have not yet co-sponsored the SAVE Act, NOW is the time to do so. We want Members of Congress to support this bill, and if they won't, explain why publicly.
Meantime, FAIR will keep you posted on the development of this strategy and provide you with up-to-date information on any counter-maneuvering by some pro-amnesty Members of Congress that could require a quick response.
To find the phone numbers of your Representative, click here.

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There is the possiblity of an Arkansas Special Session occuring this month. The possiblity of immigration reform laws being passed during this time is unknown right now.

Probe Finds Rogers Officer Justified In Shooting (No Jonny Sutton in Arkansas!)

By Melissa Sherman
The Morning News

ROGERS - An officer was justified in using deadly force on a 17-year-old boy attempting an armed robbery on Feb. 23, said Benton County prosecutor Van Stone. The Benton County sheriff's office investigated Rogers Officer Jason Becker, 27, who shot at an attempted robbery suspect who fled from Wendy's Old-Fashioned Hamburgers at 2200 W. Walnut St. Becker fired his department-issued 9 mm gun at Eduardo "Eddie" Hernandez, 17, of 709 S. 24th St., when Hernandez reportedly pointed a 12-gauge sawed-off shotgun at Becker while fleeing the scene on foot. Hernandez received a gunshot wound to his right elbow and was treated at St. Mary's Hospital, according to reports. After treatment, he was transferred to the Benton County Jail on Feb. 27. Becker had probable cause at the incident to believe Hernandez had committed a "violent felony involving the threat of death or serious physical injury," Stone said.

At about 1:37 a.m., Becker heard Rogers Central Communications dispatch a robbery in progress at the restaurant, where a suspect was armed with a shotgun, he told sheriff's office investigators. Becker was on Walnut Street and stated he pulled into the parking lot, heard a loud bang and then observed two to three teens run south from the scene, according to the incident report. During the foot pursuit, Becker identified himself as an officer and ordered Hernandez to stop. Becker fell in a drainage ditch and saw Hernandez turn toward him and the silhouette of the shotgun, he told investigators. Becker then fired one shot from the ditch at Hernandez.

The use of deadly force was also justified because Hernandez turned and pointed the sawed-off shotgun at Becker, Stone said. The prosecuting attorney's office compared the shooting to the state statute regarding officers' use of force in the line of duty, Stone said. Based on Becker's actions at the scene, he was clearly authorized under the statute, Stone added. Rogers Chief Steve Helms said he was pleased the investigation was completed. Helms said it was nice to have it in writing Becker was justified in the shooting. Becker will return to patrol work today, Helms said. The 9 mm gun used by Becker was logged into evidence on Feb. 23 and 11 rounds were still inside, according to the report. The gun can hold 16 rounds. Investigators were able to locate four of the five spent rounds at the scene. The first round fired by Becker when Hernandez reportedly pointed the sawed-off shotgun gun at him was not found, according to the report.

Hernandez told police he didn't point the gun at Becker during the foot pursuit. Becker reportedly stopped and fired at Hernandez two more times. Hernandez zigzagged while he ran toward the vehicle, according to the report. The manner in which Hernandez ran was believed at the time to be a tactical move, Becker told investigators. During the pursuit, Becker also believed he was still in the "kill range" of the shotgun and exposed, according to the report. Becker fired his gun a fourth time at Hernandez, who continued to flee with two teens in a waiting Jeep Cherokee at Innisfree Retirement Center at 301 S. 24th St. Becker told police he thought he heard the sound of the shotgun racking and that's when he fired at the vehicle, according to the report. The vehicle and the shotgun were found abandoned near 25th and Ash streets.

John Michael Schneider, 16, of 2330 W. Seminole Road; Aaron Michael Isbell, 17, of 708 S. 14th St.; Jorge Gabriel Hernandez, 15, of 709 S. 24th St.; Ricardo A. Salcido Jr., 17, of 2307 W. East St.; Evan Reilly Garvey, 17, of 701 N. Third St. and Eduardo Hernandez eventually were arrested in connection with felony charges of aggravated robbery, criminal use of a prohibited weapon, fleeing by vehicle with extreme indifference and kidnapping, according to previous reports. Each was being held Wednesday in the Benton County Jail in lieu of a $150,000 bond. Eduardo Hernandez and Jorge Hernandez have Immigration and Customs Enforcement holds.
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An article about the upcoming election.
http://www.freerepublic.com/focus/f-bloggers/1982589/posts

Amnesty Proponents Launch Campaign to Shut Down Debate!

(Got this from FAIR earlier)

Having lost last year's epic legislative battle over the Bush-Kennedy amnesty bill, pro-amnesty forces are regrouping and launching an all-out campaign to censor the media and stop the debate over true immigration reform. This attack on the media should not come as a surprise. Having failed at every turn to win the immigration debate on the merits, pro-amnesty groups now have little choice but to try to shut it down. WE NEED YOUR HELP TO ENSURE THAT OUR VOICES ARE HEARD AND THAT FREEDOM OF SPEECH IS PRESERVED! As part of this campaign, La Raza and other amnesty proponents are specifically targeting corporate executives at CNN, MSNBC, and FOX and are asking them to ban representatives from pro-enforcement organizations such as FAIR and NumbersUSA from the airwaves.

This amounts to nothing more than an attempt to censor the media and control what points of view the American public can hear. To read more about these attacks on the media, see this Associated Press article. FAIR is urging all members, activists, and friends to take action immediately to counter this attack on the media!!!! Please contact the media executives listed below and tell them how important it is that both sides of the immigration debate are presented on the airwaves. Tell them organizations like FAIR and NumbersUSA represent millions of Americans who want our immigration laws enforced. Please use the email, fax, or phone numbers below to respectfully share your opinions. To send a fax, click here. To see a sample email, click here. This alert is of critical importance!!! Right now, media outlets continue to give voice to the millions of Americans who want true immigration reform. However, if media executives do not hear from you, the only voices they will hear are from amnesty proponents!!! Let them know that your opinion matters too!!!

CNNMr. Jim WaltonPresident CNN Worldwide1 CNN CenterAtlanta, GA 30303Fax
404-878-1727 jim.walton@turner.com

Mr. Jonathan KleinPresident CNN U.S.1 Time Warner Center 5th FloorNew York, NY 10019 jonathan.klein@cnn.com

Mr. Richard DavisExecutive Vice President of News Standards and Practices1 CNN CenterAtlanta, GA 30303Fax 404-827-5453l rick.davis@turner.com

Viewer Response Line/CommentsCall 212-275-7800 ask for Viewer Response Line
FOX NEWSMr. Roger AilesChairman and CEO1211 Avenue of the AmericasNew York, NY 10036 roger.ailes@foxnews.com

Mr. Bill ShineSenior Vice President Programming1211 Avenue of the AmericasNew York, NY 10036 bill.shine@foxnews.com

Mr. Brian LewisExecutive Vice President Corporate Communications1211 Avenue of the AmericasNew York, NY 10036Fax 212-819-0816 brian.lewis@foxnews.com

Public Feedbackmailto:FeedbackYourcomments@foxnews.com

MSNBCMr. Phil GriffinSenior Vice President of News30 Rockefeller Plaza 3rd FloorNew York, NY 10112Fax 212-664-2264 http://us.f583.mail.yahoo.com/ym/Compose?To=phil.griffin@nbc.com
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Update on the Acambaro Case
hwww.nwaonline.net/articles/2008/03/03/news/

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Another story about illegal immigration in Arkansas:
http://www.nwanews.com/adg/News/218041/