Okay. You’d probably better sit down for this because I’ve got a newsflash: liberals are suing to get their way [GASP]:
Federal judge rules California death penalty is unconstitutional
By Maura Dolan
▼ A federal judge has ruled California’s death penalty unconstitutional
▼ Long delays in California executions violate Constitution’s ban on cruel and unusual punishment, judge rules
July 16, 2014
A federal judge in Orange County ruled Wednesday that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment.
U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago.
FOR THE RECORD
July 16, 1:16 p.m.: An earlier version of this post said U.S. District Judge Cormac J. Carney was a federal judge in Los Angeles. He is a federal judge in Orange County.
Carney said the state’s death penalty has created long delays and uncertainty for inmates, most of whom will never be executed.
He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed.
“For the rest, the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution,” Carney wrote.
Carney’s ruling can be appealed to the U.S. 9th Circuit Court of Appeals.
Carney, an appointee of former President George W. Bush, said the delays have created a “system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed,” Carney said.
In overturning Jones’ death sentence, Carney noted that the inmate faced “complete uncertainty as to when, or even whether” he will be executed.
The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” Carney said.
“No rational person,” Carney wrote, “can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society.”
Natasha Minsker, a director of the ACLU of Northern California, said Wednesday’s ruling marked the first time that a federal judge had found the state’s current system unconstitutional. She said it was also “the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.”
A Los Angeles County Superior Court judge in 1995 sentenced Jones to death for the 1992 rape and killing of Julia Miller, his girlfriend’s mother. Jones killed Miller 10 months after being paroled for a previous rape.
A spokesman for Atty. Gen. Kamala D. Harris said only that her office was reviewing the decision.
Okay, so let’s understand what the liberal judge said to this point: the death penalty is “unconstitutional.” Why? Because the delays in jumping through all the “due process” hoops took so long that it amounts to “cruel and unusual punishment.”
Okay, so – shocker alert here – liberals don’t like the death penalty so they love to rule that it is “unconstitutional.” It doesn’t matter that the damn death penalty was being implemented before, during and after the Constitution was written. It boils down to this: if liberals don’t like something, that thing is “unconstitutional,” because the “Constitution” is a “living, breathing document” that only means whatever the hell a liberal wants it to mean at any given moment. So the death penalty is “unconstitutional” for the same reason that being opposed to the MURDER of more than fifty-six million innocent babies is “unconstitutional” or being for marriage as it has been defined for all of human history up to now is “unconstitutional.”
But keep in mind that at the center of the liberal judges reasoning is that the lengthy delays in jumping through all the due process hurdles creates “cruel and unusual punishing.” I mean, like if you could just snuff out these rabid dogs faster, it would be okay.
Okay, this will stun the hell out of you: liberals are suing on a different matter to get their way at the same moment they’re suing here. Consider their reasoning for this lawsuit:
US sued by immigrant rights groups over expedited deportation process
Coalition says Obama administration policies to deal with influx at border is unfair to women and children who flee to safety
theguardian.com, Friday 22 August 2014 16.48 EDT
A coalition of immigrant rights groups have filed a lawsuit challenging the federal government’s expedited deportation process, claiming that it is unfair to women and children who flee Central America to seek safety in the US.
The groups claim the Obama administration’s new policies have created a “deportation mill” at a new government family detention center in Artesia, New Mexico.
“As the attorneys on the ground in Artesia have told us, the government is implementing a new expedited removal system which presents procedural obstacles that make it incredibly difficult for these women to even articulate their claim,” said Trina Realmuto, staff attorney at the National Immigration Project of the National Lawyers Guild.
The National Immigration Project, American Immigration Council, ACLU and National Immigration Law Center filed the suit, MSPC v Johnson, in the US district court for the District of Columbia on Friday. They claim the Obama administration’s policies are unfair and violate the Immigration and Nationality Act and US constitution.
Advocates say women in these facilities do not receive proper counsel or time to file asylum claims, which are known for taking time to process.
Okay, so liberals – who rabidly hate the death penalty because deep down they KNOW that they frankly deserve it so damn much themselves – claim that it’s “unconstitutional” because of the lengthy time to pursue all the due process hurdles. I mean, it’s “cruel and unusual” to make somebody go through that many appeals (that liberals themselves turned into a farce that drags on for years and years). But at the same time, since they are open-borders loons who want to overwhelm and “fundamentally transform” the United States of America using the votes of illegal immigrants to do it, they claim the very opposite thing with immigration. “It’s taking too long to execute criminals so the death penalty is bad” becomes “it’s not taking long enough to process tens – soon to be hundreds – of thousands of illegal immigrants.
In other words, liberals will literally sue you for zigging and they’ll sue you for sagging. You can’t win with these hypocrite demoniacs.
Liberalism is circular reasoning that begins with, “I want x” or “I don’t want y” and then plays whatever rhetorical games are needed with the law to get what it wants.
They are not decent people who are driven by any code of ethics. The ends justify the means for them every bit as much as it did for the Nazis or for the Stalinists. And they will twist and pervert the system any way that is needed to force it to give them what they want. Or else they’ll violently riot. Because in their hearts they are FASCISTS.
We’re seeing it play out in Ferguson, Missouri as we speak: liberals aren’t interested in “justice” or “fairness.” They want what they want and damn whatever laws or regulations or Constitution that gets in their wicked way. So the Democrat governor calls for “aggressive prosecution” of a police officer even before a grand jury determines that there should even BE a prosecution:
Missouri governor way out of line
He has made a powder keg situation worse
Posted: Wednesday, August 20, 2014 10:00 pm
The governor of Missouri has become a textbook example of what a politician should not do or say during a crisis that is a racially-explosive powder keg just waiting for the fuse to be lit.
And really that’s being very kind to Jay Nixon. His words in an address on Tuesday night to Missouri residents — and therefore in this case the nation — were incredibly biased and spoken with an almighty know-it-all tone. Those words were outrageous.
Ferguson, Mo., is that powder keg because of the shooting of a young black man by a six-year veteran police officer on Aug. 9.
No one — absolutely no one — at this point can definitively say what happened leading up to the confrontation between 18-year-old Michael Brown, who is black, and officer Darren Wilson, who is white, nor can anyone relate accurately what transpired in the tragic couple minutes of the incident that claimed Brown’s life.
That’s the job of those investigating the situation, including a grand jury that convened on Wednesday.
Nixon on Tuesday night said “a vigorous prosecution must now be pursued” in the case.
That’s not even subtle. He clearly said that there needs to be an aggressive prosecution of Wilson.
Only problem right now, governor, he hasn’t been charged with anything in the case and his side of the story hasn’t even been officially heard yet.
However, the governor of Missouri has charged the police officer with his words and given marching orders to prosecutors to go after him in court with every legal weapon in their arsenal.
The loss of Brown’s life in Ferguson is simply sad and dreadful. But in the name of justice let the process run its course to a conclusion wherever it goes.
As for the governor — what an horrendous abuse of his power
Democrats are people who side with vicious thugs who grab and intimidate business owners and commit strong arm robbery before striding down the middle of the street and punching cops in the face who get in their damn way.
And to quote Eric Holders Department of Injustice, “Never bring a lawsuit against a black.” It doesn’t matter what “justice” is. Justice is a totalitarian witch who is only “blind” because rabid hatred and contempt for everything that stands in the way of dictatorial liberalism MAKES her blind. And bitter and wanting to burn and loot as well. But don’t you EVER bring a lawsuit against a black in Eric Holder’s Department of Injustice.
The left wants the prosecutor in the Ferguson, Missouri case – whose been in office for 20 years and who was just re-elected only DAYS before the shooting – thrown off the case. Because they want to jury-rig the outcome and get what they want. THAT’S “justice” to the left: we get what we want and we destroy all obstacles in the way of getting what we want. Or else we riot.
They’re claiming that since St. Louis County Prosecutor Bob McCulloch’s father was gunned down by a black man that he’s biased.
Well, I’ll agree that if the prosecutor had said stuff like, “This is personal to me,” or else if he’d said “I’m here for the police,” or if he’d vowed to protect white people, etc., etc., he should be tossed.
But do you know who DID say crap like that coming from the opposite direction? Obama’s lawthug Eric Holder.
Of Holder’s arrival, USA Today writer Kevin Johnson observes that for the AG the situation in Ferguson is “deeply personal.” Johnson quotes as having told Ferguson residents at a community meeting yesterday:
I am the Attorney General of the United States, but I am also a black man. I can remember being stopped on the New Jersey turnpike on two occasions and accused of speeding. Pulled over. … ‘Let me search your car’ … Go through the trunk of my car, look under the seats and all this kind of stuff. I remember how humiliating that was and how angry I was and the impact it had on me.
This of course is nothing new for Holder, who has made race an issue throughout his tenure as the nation’s top cop. As Jeff Dunetz reminds us, Holder has allowed his own skin color to interfere with his judgment as head of the Department of Justice, so why should his handling of the Freguson investigation proceed any differently?
Johnson has another quote by Holder, made to a group of community leaders assembled at a local community college. (As an aside, the AG certainly did a lot of speechifying on his first day in town). He said:
The eyes of the nation and the world are watching Ferguson right now. The world is watching because the issues raised by the shooting of Michael Brown predate this incident. This is something that has a history to it, and the history simmers beneath the surface in more communities than just Ferguson.
Holder is assuming, like the mobs pillaging the town nightly, that racism is involved here. That is not just premature and reckless. It is blatantly outside the scope of the law. It is reminiscent of the very revealing comment about “empathy” made in 2007 by candidate Barack Obama, who said
We need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom, the empathy to understand what it’s like to be poor or African-American or gay or disabled or old — and that’s the criterion by which I’ll be selecting my judges. [Emphasis added]
Empathy and compassion are positive traits. But they have no business in a court of law. Judges are supposed to be interpreters of the law and are sworn to render verdicts dispassionately, based on evidence and testimony. That is why justice as wearing a blindfold.
Read more at http://libertyunyielding.com/2014/08/21/holder-personal-thats-problem/#hHJ1v68WGF2fbIQw.99
Imagine the hellstorm had Bob McColloch said the racial equivalent: “I am the Prosecutor of St. Louis County, but I am also a white man. I can remember when my daddy was murdered by a black thug…”
The NAACP is in this racial stew up to its neck. Just imagine if “NAACP” stood for “National Association for the Advancement of Caucasian People.”
Just imagine if our society were actually FAIR and blacks got back the racial bullcrap they’ve been pissing at the rest of America for a change.
I can’t say for sure, but I’ve got a feeling that the black community would very quickly be willing to return to Martin Luther King’s “I have a dream” vision. You know, the one where we’re all equal and nobody gets to be treated any different than anybody else rather than the one we’ve got where blacks get to be as racist as hell is hot while denying they’re capable of racism because they’ve got the most arbitrary and self-serving definition of “racism” in the entire space-time universe.
Eric Holder says he is “here for the community.” By which he really means the vicious mob that’s been rioting and looting and burning. He spent HOURS with the Brown family and with the same community rabble-rousers that his boss Obama came from. But not one nanosecond with the cop who was viciously punched in the face before he was forced to go through a life-or-death struggle for his service weapon while he laid on his back in his own squad car with a giant thug on top of him.
Just imagine how you would feel if you were in a courtroom literally fighting for your life and the judge walked over and hugged your opponent just before taking the bench and calling the court to order. That’s what’s going on here.
So the same left that demands McCulloch resign, recuse himself, be dismissed, whatever because of the threat of bias LOVES bias. As long as that rabid bias is distorting legal reality to suit their race agenda.
So if the left can’t get McCulloch forced out, what’s their next move? Delegitimize the grand jury in advance and threaten to riot if they don’t get their way.
“If you should decide not to indict this police officer, the rioting witnessed this past week will seem like a picnic compared to the havoc that will likely occur.”
Well, I mean, yeah, given the fact that you and your race-baiting pal Al Sharpton are going to go out and foment racial violence the way you do whenever you don’t get your way.
I want you to understand what’s going on here: one side – the conservatives – want a government that will basically leave them the hell alone. They want a LIMITED federal government. They want a federal government bound by the separation of powers. They want laissez-faire free market capitalism, rather than liberal crony capitalist regulations that benefit one politically-chosen side and punish the other. They want individual liberty and individual personal responsibility. The other side wants more and more and more government. They want a president who is “sort of God” who will run roughshod over the Constitution to impose his way by raw force.
One side wants life; the other side wants more abortion-murders than were killed on all sides, civilian and military, in the bloodiest war in all of human history combined. One side wants marriage as all of human history has defined it; the other side wants the perversion of homosexual sodomy. One side wants individual liberty and individual personal responsibility; the other side wants a totalitarian nanny-state that will redistribute the wealth the way they want to reward their friends and punish their enemies. One side wants freedom according to the spirit that our founding fathers created America to be; the other side wants totalitarian government slavery in the mode of European socialist leaders like Hitler and Stalin. And that side that wants all these evil things will break any law, violate any regulation, interfere with justice in any way, to GET their way.
The only way to have a fair fight here is if BOTH sides were out to use the raw power of government and the courts to get their way to crush and to rule over the other. But only the rabid left is doing that.
Which is why America is doomed and which is why the Antichrist is coming just as the Bible told us the ultimate big-government totalitarian dictator would come.
Just realize that we are dealing with an ideology in the left that defines “justice” as “we get our way no matter what” and “injustice” as if we don’t get our way we’re going to start rioting.”
Tags: aggressively prosecute, Bob McCulloch, California, death penalty, deeply personal, delay, due process, Eric Holder, expedited deportation, fairness, Ferguson, Ferguson prosecutor, get our way, injustice, justice, liberal hypocrisy, Michael Brown