President Short-Attention-Span and the Death Penalty
Fearing that actually reading the summarized notes about imminent executions from Alberto Gonzales might take up too much of his Gubernatorial Day, it seems that the ADD-sufferer-in-Chief could not give up his jogging minutes to actually read the summaries; he just checked "kill" and signed zee papers. From an absolutely astounding story by Alan Berlow in The Atlantic, the memos that the Fedahyeen tried to keep secret got released by order of the Texas Attorney General, who amazingly enough sided with a Texas-version of the FOIA for their release. From the article:
During Bush's six years as governor 150 men and two women were executed in Texas—a record unmatched by any other governor in modern American history. Each time a person was sentenced to death, Bush received from his legal counsel a document summarizing the facts of the case, usually on the morning of the day scheduled for the execution, and was then briefed on those facts by his counsel; based on this information Bush allowed the execution to proceed in all cases but one. The first fifty-seven of these summaries were prepared by Gonzales, a Harvard-educated lawyer who went on to become the Texas secretary of state and a justice on the Texas supreme court. He is now the White House counsel.
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Gonzales never intended his summaries to be made public. Almost all are marked CONFIDENTIAL and state, "The privileges claimed include, but are not limited to, claims of Attorney-Client Privilege, Attorney Work-Product Privilege, and the Internal Memorandum exception to the Texas Public Information Act."
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Although the summaries rarely make a recommendation for or against execution, many have a clear prosecutorial bias, and all seem to assume that if an appeals court rejected one or another of a defendant's claims, there is no conceivable rationale for the governor to revisit that claim. This assumption ignores one of the most basic reasons for clemency: the fact that the justice system makes mistakes.
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A close examination of the Gonzales memoranda suggests that Governor Bush frequently approved executions based on only the most cursory briefings on the issues in dispute. In fact, in these documents Gonzales repeatedly failed to apprise the governor of crucial issues in the cases at hand: ineffective counsel, conflict of interest, mitigating evidence, even actual evidence of innocence (emphasis added)
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The miscarriages in the Washington case were also precisely the kind of thing Bush claimed to want to be told about. "I don't believe my role is to replace the verdict of a jury with my own," he wrote in his autobiography, A Charge to Keep (1999), "unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair." Such information had indeed come to light in Washington's case, yet Gonzales's memorandum did not tell Bush about it.
Well there he goes again. He no more wanted to know the details than he "wanted to serve" as a TANG pilot, or is compassionate to anyone who can't dump bucks into his campaign funds, or isn't blindly loyal right-wing christo-fascists.
If one innocent person did make it to the Texas death chamber, and was executed by the Bush-Gonzales dynamic duo, then Bush should (1) never be allowed to appoint another federal judge ever and (2) Gonzales should be tried for depraved indifference in Texas and at the very least lose his law license. Forever. After all he misrepresented the facts in an official document about a subject far more important than oral sex.