ThinkProgress Logo

Justice

NEWS FLASH

BREAKING: U.S. Supreme Court Grants Stay of Execution To Duane Edward Buck | The U.S. Supreme Court just issued a brief order granting a temporary stay of execution:

The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

A “petition for a writ of certiorari” is a request for the Supreme Court to hear a case, so this stay lasts until the Court either decides Buck’s case on the merits or decides not to decide his case at all. As Marie Diamond reported earlier today, Buck, who is black, was sentenced to die after a psychologist testified that African-Americans are more likely to be violent.

NEWS FLASH

Programming Note | Your humble Justice Editor will speak at a Center For American Progress event tomorrow morning at 9:30 a.m. titled “What Happens If The Tea Party Wins? The Conservative Effort to Make Everything Unconstitutional.” Here’s a taste from the event announcement:

There is an alternate universe where most of the Twentieth Century violates the Constitution—and a growing number of lawmakers live in it. Sen. Tom Coburn believes that Pell Grants, federal student loans and all other federal education programs violate the Constitution. Justice Clarence Thomas would strike down the national minimum wage and the ban on whites-only lunch counters. Senator Mike Lee believes that child labor laws, federal disaster relief, food stamps, the Food and Drug Administration, Social Security and Medicare are all forbidden.

Yet many of the same lawmakers who claim America is powerless to help students, workers, the jobless and the elderly imagine that the Constitution gives them sweeping power to trample on the rights of women and immigrants. In their vision, everything they oppose is forbidden, and much of what they support is mandatory.

RSVP to attend the panel here.

Security

New Documents Reveal FBI’s Islamophobic Counterterrorism Training

Counterterrorism agents at the FBI’s training center in Quantico, Virginia are being taught that “devout” Muslims are more likely to be “violent” and that American Muslims are likely to be terrorist sympathizers, according to training materials acquired by Wired’s Spencer Ackerman. (In fact, mosques have been found to be a deterrent to the spread of terrorism.)

An FBI spokesperson told Ackerman that the slides were no longer in use but dates on the slides would suggest that they were used at least until March 21.

The documents offer a violent interpretation of Islam in which “Any war against non-believers is justified” and a “moderating process cannot happen if the Koran continues to be regarded as the unalterable word of Allah.” A particularly blunt slide shows a comparison of Judaism, Christianity and Islam, depicting how they have moderated their “militancy considerations” over time:

The information in the slides is clearly Islamophobic and completely ignores the fact that Islamic extremism, while a national security concern worthy of sober discussion, is a limited problem within the United States and hardly a frequent phenomenon in Muslim communities. A recent Duke terrorism study showed that since 9/11, the U.S. has experienced only 33 deaths from Muslim terrorism while 150,000 murders have occurred during the same time.

Several of the slide presentations are the work of an FBI intelligence analyst named William Gawthrop who, in 2006, before he joined the Bureau, gave an interview to WorldNetDaily, in which he said “Muhammad’s mindset is a source for terrorism.”

Unfortunately, this isn’t the first time that the FBI has given a stage to noted Islamophobes. In July, Ackerman identified that an FBI terrorism presentation recommended anti-Muslim blogger Robert Spencer’s book, “The Truth About Mohammed: Founder of the World’s Most Intolerant Religion.”

Spencer, who is profiled in the Center for American Progress’ new Islamophobia report, “Fear, Inc.,” operates the blog Jihad Watch and co-founded the Stop Islamization of America group with Pamela Geller. Spencer is one of the core “misinformation experts” discussed in “Fear, Inc.” and has promoted the conspiracy theory that President Obama may be a Muslim. Notably, Norwegian terrorist Anders Brevik cited Spencer’s work 162 times in his manifesto.

While the FBI is developing a track-record for giving pseudo-experts like Robert Spencer and William Gawthrop an opportunity to spread their Islamophobic views which demonize all Muslims, the truth is that Muslim communities have served as some of the most important allies for the FBI in their efforts to combat Muslim terrorists.

Update

The Seattle Times reports on a controversial community outreach workshop in Seattle intended to create better relationships between law enforcement and Seattle’s Muslim, Arab, East African and Sikh communities. The event, held earlier this month, took a turn for the worse when an FBI agent showed a PowerPoint slide about state-sponsored terrorism which included a photo of a man that the audience believed was a Shia Islamic leader. When asked if the photo was of Ayatollah Ruhollah Khomenei, a leader of the Iranian revolution, the agents said the photo was too small and they didn’t know the identity of the man. “That offended members of the audience even more, and one of them compared it to calling the pope a terrorist or serving pork to Muslims,” reports the Seattle Times. A Seattle Police Department detective at the meeting said that, “the community is tired of seeing their images represented” in presentations about terrorism.

Update

Muslim Advocates — a professional association of approximately 500 Muslim lawyers, law students and other legal professionals — announced they have sent a letter to the U.S. Department of Justice Inspector General requesting an immediate investigation into the FBI’s counterterrorism training. The letter can be viewed here.

Update

Sen. Joe Lieberman (I-CT) tells Wired’s Spencer Ackerman that “there is no room in America for the lies, propagated by al-Qaida, that the U.S. is at war with Islam, or the lie propagated by others that all Muslims support terrorism.”

CNN’s Brian Todd talked to Former FBI Assistant Director Tom Fuentes who told CNN that the publication of the slides could play into the hands of al-Qaeda for propaganda purposes and could diminish the FBI’s ability to get the America Muslim community to help in investigations.

Watch it:


Texas Man To Be Executed Today Despite Trial Testimony That Blacks More Likely To Be Violent

Unless Gov. Rick Perry (R-TX) intervenes, Duane Edward Buck is set to be executed today, becoming the 236th person to be put to death during Perry’s tenure. On Tuesday, the Texas Board of Pardon and Paroles denied Buck clemency, refusing to commute his death sentence to life without parole. That’s despite the fact that Buck’s former prosecutor and now-Sen. John Cornyn (R-TX) have both called for a retrial because his case was so tainted by racist testimony:

[H]is lawyers are fighting to overturn his death sentence on the grounds that a psychologist told jurors at Buck’s 1997 trial that because Buck was black, he was more likely to be violent in the future, the Dallas Morning News reports.

A defendant is likelier to receive a death sentence if a jury determines that the defendant poses a future danger. It was improper to use Buck’s race as a factor in deciding whether he posed a future danger, his lawyers contend.

In 2001, Texas passed a law explicitly prohibiting the state from introducing evidence that a defendant’s race or ethnicity makes it likelier that he will commit a future act of violence.

Former Texas Attorney General John Cornyn (now a U.S. senator) wanted Buck’s case reviewed because of the sentencing testimony at issue. [...]

Buck also has on his side one of the Harris County prosecutors who helped secure Buck’s conviction. Last week the prosecutor, Linda Geffen, wrote a letter to Perry urging him to grant a retrial. When he was Texas Attorney General, Cornyn called for Buck and five others to receive a re-trial based on the racially-charged testimony that is now illegal. Over the last 10 years, Buck is the only one who hasn’t.

Cornyn admitted that all of the cases were tainted by a constitutional error — relying on race as a consideration for the death penalty violates the Due Process and Equal Protection clauses. But Buck’s case “has fallen through the cracks,” his lawyer says.

In a strange twist, the very same psychologist whose testimony is in question ultimately told jurors that he did not believe Buck presented a future danger to society.

One of Buck’s victims who survived, Phyllis Taylor, is also urging Texas to halt the execution. “This execution would only add to my pain, and it wouldn’t give me closure,” said Taylor. “I feel that he deserves a fair trial,” she added.

Perry has the power to grant a temporary stay of execution, which would give Buck additional time to push for a new sentencing hearing, but seems unlikely to do so.

GOP House Members Afraid Of Losing Their Own Seats Push Back Against Pennsylvania Gov. Corbett’s Vote Rigging Plan

Yesterday, ThinkProgress reported on Pennsylvania Gov. Tom Corbett’s (R) plan to rig the Electoral College for the GOP by guaranteeing that as many as a dozen of his state’s electoral votes go to the Republican candidate even if the state as a whole votes for Obama. Under Corbett’s plan, each of the state’s 18 congressional districts — which are being gerrymandered to overwhelmingly favor Republicans — would choose how to allocate a single electoral vote rather than having all of the state’s votes go to the winner of the state.

Corbett’s plan may have hit a snag, however. Turns out, GOP members of Congress care more about keeping their own jobs than they do about electing a president who will eliminate Medicare:

[T]o several Republicans in marginal districts, the plan has a catch: they’re worried that Democrats will move dollars and ground troops from solid blue districts to battlegrounds in pursuit of electoral votes — and in the process, knock off the Republicans currently in the seats.

Suburban Philadelphia Reps. Jim Gerlach, Pat Meehan and Mike Fitzpatrick have the most at stake, since all represent districts Democrats won in the last two presidential elections. They and the rest of the Republicans in the delegation are joining with National Republican Congressional Committee officials to respond and mobilize against the change.

It’s a sad commentary on the state of today’s GOP that the only reason its members can find to oppose an election rigging scheme is that they are too concerned about looking out for their own hides. Yet, as Kevin Drum warns, “we live in the era of Lee Atwater and Karl Rove and Tom DeLay and Fox News. There’s really no one left who might object to this merely out of a decent respect for institutional integrity and fairmindedness.”

Update

Your humble Justice Editor discussed the Pennsylvania vote rigging scheme last night on Countdown with Keith Olbermann. Watch:

NEWS FLASH

Former FBI Director Calls For Clemency For Georgia Death Row Inmate Troy Davis | In a high-profile plea published in the Atlanta Journal-Constitution this morning, William S. Sessions, former federal district judge and FBI director under presidents Ronald Reagan, George H.W. Bush, and Bill Clinton, writes that Georgia death row inmate Troy Davis, who is scheduled to be executed next week, should be granted clemency. Sessions notes there is significant doubt about Davis’ guilt, as seven of the nine witnesses who testified against him have recanted and the “case continues to be permeated by doubt,” with there being no “physical or scientific evidence” available to tie Davis to the killing of a Savannah police officer. The Georgia State Board of Pardons and Paroles is the one body left that could issue a stay of execution or executive clemency for Davis.

Judge Rebukes Deadbeat Dad Joe Walsh For Missing Child Support Hearing: ‘He’s No Different Than Anyone Else’

As ThinkProgress reported in July, Tea Party freshman Rep. Joe Walsh (R-IL), who relishes lecturing President Obama and Democrats on fiscal responsibility, owes more than $117,000 in child support to his ex-wife and three children. Despite loaning his own campaign $35,000 — and paying himself back at least $14,200 for the loans — Walsh has claimed he failed to make the payments because he “had no money.”

But yesterday a Chicago judge issued a preliminary ruling against Walsh, ordering him to explain why he is more than $100,000 behind in child support payments. The judge also scolded Walsh for not attending the hearing personally, after his lawyer suggested he deserved special treatment because he is a congressman:

Cook County Circuit Judge Raul Vega also wanted to know why Walsh wasn’t in court Wednesday — the McHenry Republican’s ex-wife, Laura Walsh, was there — and initially said he expected him to show up for the next hearing.

In court, Walsh’s attorney, Janet Boyle, asked Vega “for what purpose” he wanted the congressman in court.

Vega gave her a puzzled look — to which Boyle responded: “Mr. Walsh is a U.S. congressman.”

“Well, he’s no different than anyone else,” the judge replied.

Vega issued a “rule to show cause,” which requires Walsh to explain to the court why he shouldn’t be held in contempt for falling so far behind in child support over the past five years. The ruling means that the burden of proof is now on Walsh to prove he doesn’t owe money.

Laura Walsh has had to go back to court repeatedly since 2002 to get Walsh to honor his court-ordered child-support obligations. At the hearing, she spoke of her difficulties shouldering the financial burden for raising three children without Walsh’s support. “It’s been extremely difficult,” she said. “We get through one day at a time.”

The comments of Walsh’s lawyer are telling: Walsh, who frequently appears on television to upbraid the president for putting too much “debt upon the backs of my kids,” apparently considers himself above the law and too important to show up for child support hearings. Obviously, the court thinks otherwise.

Justiceline: September 15, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up