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August
1, 2003
Steve
J.B.
Prison Bitch
July
31, 2003
Ray
McGovern
The Prostitution of Intelligence
Brian
Cloughley
Wolfowitz's Operative Statement
Sheldon
Hull
The RIAA's Jihad:
The Devil's Music (Industry)
Elaine
Cassel
The Next Time You Crack a Lawyer Joke, Think of These Attorneys
Sheldon
Rampton
and John Stauber
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Hammond
Guthrie
Speculation Blues
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of the Day
Army of One?
July
30, 2003
David
Lindorff
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Marjorie
Cohn
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Elaine
Cassel
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Zvi
Bar'el
The Hidden Costs of the Iraq War
Lisa Walsh
Thomas
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Sean
Carter
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Congratulations
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J. Nagy
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Kurt Nimmo
Tom Delay Goes to Jerusalem
Chris
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Dead Reckoning: Bush Warriors Sign Off on War Crimes
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Monsieur Moussaoui
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Refuting Brad DeLong's Smear Job on Noam Chomsky
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Guided by a Great Feeling of Love: a Review of Gordon's The Company
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Impeaching Bush
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Pat Robertson's Supreme Fatwah
Steve Dunifer
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Stop
Prison Rape Edition
August 1, 2003
A
Blow to the Grim Reaper
Ashcroft
Loses Big in Puerto Rico
By ELAINE CASSEL
Attorney General John Ashcroft has been trying
to shove the death penalty down the throats of jurors all over
the United States. He requires prosecutors to ask for it when
they know they can't sell it, or when they have promised a defendant
life instead of the possibility of death in exchange for cooperation.
Ashcroft can do that, you know, as chief law enforcement officer.
But what he cannot do is force juries to swallow the death penalty.
And now, he is 1-19 in cases in which
he insisted it be a sentencing option. This time, he got a resounding
defeat in Puerto Rico-yea, Puerto Rico. What's
Ashcroft doing trying to bring death to Puerto Rico, whose Constitution
forbids it? It is unheard of for a U.S. Attorney General
to meddle in the sentencing affairs of a territory like that.
But no one does arrogance better than Maximum John (well, maybe
his boss, George W., comes pretty close).
As reported in The New York Times, Puerto
Rican jurors not only rejected the death penalty, they acquitted
the defendants. Perhaps jury nullification was at work here--jurors
sending a message to Ashcroft to refrain from trying to subvert
their Constitution and community values and to keep his heavy-handed
madness he calls justice off their island. Indeed, the jurors
sent out a question challenging the federal government's jurisdiction
of the kidnapping-murder charge.
Recall that in the Eastern District of
Alexandria recently, Judge Gerald Lee Bruce threw out a jury
conviction on a murder-kidnapping charge, finding that the government
had brought the specious kidnapping charge in order to acquire
federal jurisdiction--and get the death penalty--in what was,
at best, a state murder charge.
The jury of seven men and five women
cleared the men, Joel Rivera Alejandro and Hector Oscar Acosta
Martinez, of all charges after three days of deliberation. Mr.
Alejandro and Mr. Acosta Martinez had been accused of shooting
to death and dismembering a grocery store owner in February 1998
after kidnapping him and not receiving the $1 million ransom
they demanded. The two men were released from federal custody
after the acquittal, while several dozen of the men's relatives
wept in the courtroom after the verdicts were read.
According to the Times report, William
D. Matthewman, a lawyer for Mr. Acosta Martinez, said last night
that the acquittal was a blow to the Justice Department's attempts
to administer the death penalty even in regions that oppose or
outlaw it for nonfederal trials. "Imposing the death penalty
in Puerto Rico is like pouring oil on one of their beautiful
beaches," Mr. Matthewman said in a phone interview. "It's
unnecessary, and the federal government has been dealt a severe
blow in their attempt to nationalize the death penalty."
Puerto Rico abolished capital punishment
in 1929 and has not had an execution since 1927, when a farm
worker found guilty of beheading his boss with a machete was
hanged. Much of the heavily Catholic population opposes the death
penalty on religious and moral grounds.
There is evidence that support for the
death penalty is eroding all over the in the States. Many reasons
account for this, not the least of which is an increasing awareness
that innocent people must have died, given the high rate of exonerations
based on DNA evidence. More than 100 innocent men have been released
from death row in the past ten years.
President Bush loves the death penalty
so much that he and his now White House Counsel Alberto Gonzales
barely reviewed the files of condemned Texans before they were
executed, a sad tale reported in the July-August issue of Atlantic
Monthly. And recall how Bush mocked Karla Faye Tucker's plea
for mercy during his 2000 presidential campaign.
We cannot expect Bush and Ashcroft to
use common sense or acquire compassion. We can expect that their
arrogance might catch up with them where it matters to their
hard hearts--at the polls.
Elaine Cassel
practices law in Virginia and the District of Columbia, teachers
law and psychology, and follows the Bush regime's dismantling
of the Constitution at Civil
Liberties Watch. She can be reached at: ecassel1@cox.net
Weekend Edition Features for July 26 / 28, 2003
Alexander
Cockburn
NYT's Screws Up Again; Uday and
Qusay Deaths Bad for Bush; Gen. Hitchens at the Front
Gary
Leupp
Faith-Based Intelligence
Saul Landau
A Report from Syria
Stan
Goff
Bring 'Em On Home, Now!
Jeffrey
St. Clair
Book Cooking at Boeing
Andrew
Cockburn
The Sons Are Dead; Now the Blood Feud
Begins
Jason Leopold
CIA Points the Finger at the Pentagon's Office of Special Plans
Robert
Fisk
The Power of Death
Joanne
Mariner
Monsieur Moussaoui
M. Shahid
Alam
The Global Economy Since 1800: a Short History
Harry
Browne
Northern Ireland: the Other Faltering Peace Process
Fidel Castro
Moncada, 50 Years Later
Lula
Democracy Requires Social Justice
Edward
S. Herman
Refuting Brad DeLong's Smear Job on Noam Chomsky
Ron Jacobs
Guided by a Great Feeling of Love: a Review of Gordon's The Company
You Keep
Julie
Hilden
A Photographer, an Offer and Cameron Diaz's Topless Photos
Adam Engel
Man Talk
Poets'
Basement
Keeney, Witherup, Short, Nimba, Guthrie and Albert
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