What senator stood up to more than 90 countries, successfully defending U.S. sovereignty before the Supreme Court? Answer.

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Saturday
Jul022011

Avena decision upends pending Texas execution of Mexican rapist, murderer

Above the fold: the pending execution of Humberto Leal Garcia. Garcia, described by media as a Mexican national, was convicted of brutally raping and murdering a 16 year old girl in 1998 in Texas.

The UN, numerous amnesty groups and others lobbying for Garcia want the execution blocked because he didn’t get to call  Mexican consular officials when he was arrested.

Mexico has tried to interfere with the US justice system for years, dating at least to the administration of President George W. Bush. President Barack Obama caved when his administration filed the first ever US Human Rights Report. In that report, Obama pledged compliance with a particular court decision.

The Obama administration report said, “The Administration is also committed to ensuring that the United States complies with its international obligations to provide consular notification and access for foreign nationals in U.S. custody, including the obligations arising from the Avena decision of the International Court of Justice.”

Considering the millions of foreign nationals who cross the US southern border illegally from Mexico, it’s easy for even a simple mind to understand the kind of problem this presents for local law enforcement and local/state courts.

Not a single media outlet references Garcia’s status, but that doesn’t matter. Anyone entering the U.S.  even if they do so illegally, according to the UN, should still get access to their country’s consular officials.  Not a single media outlet has explained this crime in the context of international politics.

The US Report has repeatedly attempted to draw attention to Avena; that decision is a troublesome one because of the implications from our open border policy.

Mexico has also sued the U.S. over previous cases like the rape, torture and murder of two teens by a gang in Houston. Some of the perps had lived in the U.S. for years. They had received US taxpayer funded educations. But when they faced the courts, Mexico asserted her authority over them, claiming they were her citizens.

In fact, illegals have more rights in that regard than immigrants and US citizens.

This outcry over a convicted rapist and murderer is another in a long line of attacks on US sovereignty. Even The New York Times described Garcia’s crime as “ghastly.”

Fox News said,Perry apparently doesn't plan to take his cues from the U.N.

Texas Gov. Rick Perry should not cave to this undermining of US sovereignty.

 If Garcia’s execution is stopped, that action should be taken by the Obama administration, sympathetic to the rights of foreign nationals who commit heinous crimes against US citizens and immigrants. Let the political decision fall into the laps of those who created this predicament: the federal government at present dominated by progressive ideology and a de facto open border policy.

(Commentary by Kay B. Day/July 2, 2011)

Related Story/Background on the Avena Decision

[Obama’s] UN Human Rights Report pledges ICJ Avena compliance

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