Page 29 of 32 FirstFirst ... 192728293031 ... LastLast
Results 281 to 290 of 312

Thread: Dzhokhar Anzorovich Tsarnaev - Federal Death Row

  1. #281
    Senior Member CnCP Addict johncocacola's Avatar
    Join Date
    Jan 2013
    Posts
    643
    An establishment Republican would not have hurt the conservative movement as much for sure, but at the same time an establishment Republican probably would not have been able to win the 2016 election.

  2. #282
    Senior Member CnCP Legend Neil's Avatar
    Join Date
    Jan 2020
    Posts
    1,248
    Last political post of the day for me. The next Republican nominee must have the same populist appeal like Trump did. However, that person cannot be inept and polarizing as Trump was. The energy against him started in the Northam vs Gillespie race in 2017, and it manifested into his defeat in 2020. Whoever that candidate is has yet to be seen or unfortunately may never be seen.

  3. #283
    Senior Member CnCP Addict
    Join Date
    Feb 2021
    Posts
    702
    Distributed for conference March 5, 2021.

    https://www.supremecourt.gov/search....ic/20-443.html

  4. #284
    Moderator Ryan's Avatar
    Join Date
    Oct 2013
    Location
    Newport, United Kingdom
    Posts
    2,454
    AG Merrick Garland faces first death penalty test in Boston Marathon bomber case

    Attorney General Merrick Garland faces his first test on federal executions as the Supreme Court considers reinstating a death sentence for the Boston Marathon bomber.

    The court since October has been mulling a Trump-era federal appeal to rehear a death penalty case against Dzhokhar Tsarnaev, who, along with his brother, killed 3 people and injured more than 200 others at the 2013 Boston Marathon. When then-Attorney General William Barr took the case to the high court, he vowed to do “whatever’s necessary” to see Tsarnaev executed.

    But the Biden administration has displayed a contrary attitude on the issue. Biden promised to end the federal death penalty in 2019 after the Trump Justice Department resumed executions. Garland said during his confirmation hearings that he would not oppose a moratorium, adding that he had concerns about the death penalty’s application under former President Donald Trump.

    Still, Garland said, he did not regret securing a death sentence for Timothy McVeigh, who killed 168 people in the 1995 Oklahoma City Bombing, leaving open the question of whether he will continue supporting the Tsarnaev appeal.

    At the time, Garland declined to comment on his opinion of the Tsarnaev case since it is open litigation and he was a sitting judge when the question was asked. The Justice Department did not return a request for comment.

    Tsarnaev, for his part, has attempted to win the new administration’s favor. The 27-year-old, who is currently serving out a life sentence, filed a handwritten complaint last week detailing the ways that he has been mistreated in his Colorado supermax prison. Tsarnaev is pushing for the Supreme Court to reject reexamining his case.

    It is unlikely that Garland will keep up Barr’s push for Tsarnaev’s execution, especially since Biden has been so forceful in his opposition to the death penalty at large, said Michael Meltsner, a professor at Northeastern University School of Law.

    “It would be highly inappropriate to exempt any offender, especially one whose death sentence has been set aside by a court of appeals, from a policy change that the administration bases on doubts about the legality or propriety of capital punishment,” he said, pointing to Biden’s proposed moratorium on executions.

    Tsarnaev was sentenced to death in 2015. The 1st U.S. Circuit Court of Appeals vacated his sentence last summer, finding that the court that previously convicted him had failed to conduct its jury selection properly.

    In the majority opinion for the case, Judge Ojetta Thompson wrote that the ruling did not exonerate Tsarnaev in any way and advised that the bomber be given another trial to see if he should be executed.

    "Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution," Thompson wrote.

    The Trump Justice Department responded to the 1st Circuit's opinion by asking the Supreme Court to overrule and order Tsarnaev's execution to proceed. Then-acting Solicitor General Jeffrey Wall described in graphic detail how Tsarnaev's victims died and said that "one of the most important terrorism prosecutions in our nation’s history" should not be left to the appeals court. Tsarnaev pushed back in his own brief, arguing that the Supreme Court does not have the standing to review the case.

    Tsarnaev’s fight was underscored by a late-term spate of executions that Trump’s Justice Department appealed to the Supreme Court. In almost every case, the court removed stays of execution, drawing outrage from anti-death penalty activists.

    Justice Sonia Sotomayor, who has voted against the death penalty, wrote a blistering rebuke of her colleagues in one such case.

    “This is not justice,” Sotomayor said of the Trump administration’s last-minute push for executions. “After waiting almost two decades to resume federal executions, the Government should have proceeded with some measure of restraint to ensure it did so lawfully. When it did not, this Court should have. It has not.”

    The Tsarnaev case, however, presents different circumstances. The Boston Marathon bombing happened years ago and dominated news cycles for months. Tsarnaev only got out of his death sentence because of a technicality.

    Backing off Trump's push for his execution could be an awkward maneuver. That's why it's more likely that Garland will stay silent on the case until the court chooses whether or not to take it up, said Daniel Medwed, the co-founder of the Innocence Network, a legal nonprofit group that serves wrongfully convicted people. It's already unlikely that the high court will take up the case since there are no new legal issues presented and because the 1st Circuit's ruling does not conflict with any other appeals court.

    If the court turns down the case, there is little likelihood that the Biden Justice Department will keep pushing for the death penalty, Medwed added.

    "I very much doubt that Biden will seek the death penalty in a retrial," he said. "His team could simply say that it is respecting the 1st Circuit decision and that putting people through a new trial nearly a decade after the bombing would reopen wounds and prolong the suffering of victims."

    https://www.washingtonexaminer.com/n...-death-penalty
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  5. #285
    Moderator Ryan's Avatar
    Join Date
    Oct 2013
    Location
    Newport, United Kingdom
    Posts
    2,454
    SCOTUS grants review in DOJ’s appeal trying to reinstate Boston Marathon bomber’s death sentences.

    This puts the anti-death penalty Biden administration in a potentially awkward position. Former Attorney General William Barr launched an appeal under former President Trump in August 2020.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  6. #286
    Senior Member CnCP Addict
    Join Date
    Feb 2021
    Posts
    702
    Last edited by Julius; 03-22-2021 at 08:48 AM.

  7. #287
    Senior Member CnCP Addict johncocacola's Avatar
    Join Date
    Jan 2013
    Posts
    643
    If the Biden administration moves to dismiss the appeal, would SCOTUS allow anyone else to defend it?

  8. #288
    Senior Member Frequent Poster Fact's Avatar
    Join Date
    Mar 2012
    Posts
    486
    If both parties agree to dismiss a case, dismissal is mandatory under Supreme Court Rule 46.1.

  9. #289
    Senior Member CnCP Addict johncocacola's Avatar
    Join Date
    Jan 2013
    Posts
    643
    This definitely boxes the Biden administration in a corner.

  10. #290
    Senior Member CnCP Legend Neil's Avatar
    Join Date
    Jan 2020
    Posts
    1,248
    Put it this way it won’t be surprising either way. George Gascon had a similar situation with a serial killer from the 2000s and he didn’t move to challenge the sentence. The guy was handed a death sentence in 2019.

    I can’t remember the guys name but even though he wasn’t in front of the Supreme Court and he has yet to be sentenced formally by a judge he could’ve easily challenged the sentence.

    Garland and Biden might follow in Gascons foot steps with this guy. If they don’t, it wouldn’t surprise me given they’ve already come out and said they won’t seek death sentences.
    Last edited by Neil; 03-22-2021 at 04:39 PM.

Page 29 of 32 FirstFirst ... 192728293031 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •