PoliBlog: A Rough Draft of my Thoughts » Patriot Act Reauthorization Gave US AG Influence Over State Death Penalty Process

Via the LAT: Gonzales could get say in states’ executions

The Justice Department is putting the final touches on regulations that could give Atty. Gen. Alberto R. Gonzales important new sway over death penalty cases in California and other states, including the power to shorten the time that death row inmates have to appeal convictions to federal courts.

The rules implement a little-noticed provision in last year’s reauthorization of the Patriot Act that gives the attorney general the power to decide whether individual states are providing adequate counsel for defendants in death penalty cases. The authority has been held by federal judges.

Under the rules now being prepared, if a state requested it and Gonzales agreed, prosecutors could use “fast track” procedures that could shave years off the time that a death row inmate has to appeal to the federal courts after conviction in a state court.

This is yet another example of the Congress’ reflexive response to 9/11: the ceding of more power to the executive (and not really for any reason that would help it fight terrorism). This also seems to be indicative of another example of a complex law being passed without a great deal of scrutiny and debate

We should recall that that the entire US Attorney’s mess was brought to us primarily as a result of the same reauthorization of the Patriot Act, as there was a provision that ceded special powers to the AG–in that case the power to appoint interim USAs was taken away from the judiciary and given to the AG.

Setting aside the thorny issue of the death penalty itself, it is unclear as to why the AG of the United States should be involved in the process at all. It certainly is yet another example of the recent trend in the Republican Party, i.e., an interest more in power than in supposedly long-held principles (in this case, federalism).

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The views expressed in the comments are the sole responsibility of the person leaving those comments. They do not reflect the opinion of the author of PoliBlog, nor have they been vetted by the author.

3 Responses to “Patriot Act Reauthorization Gave US AG Influence Over State Death Penalty Process”

Patriot Act Reauthorization Gave US AG Influence Over State Death Penalty Process : Boonika.net Says:
August 14th, 2007 at 7:35 am
[...] Read whole (original) post: Dr. Steven Taylor [...]
TeresaCentric » Justice Department Making a Death Penalty Power Grab Says:
August 14th, 2007 at 10:31 am
[...] PoliBlog has some great commentary on the issue: This is yet another example of the Congress’ reflexive response to 9/11: the ceding of more power to the executive (and not really for any reason that would help it fight terrorism). This also seems to be indicative of another example of a complex law being passed without a great deal of scrutiny and debate. [...]
Outside The Beltway | OTB Says:
August 14th, 2007 at 4:52 pm
Gonzales Could Become Chief Executioner

Attorney General Alberto Gonzales is about to be put in charge of the death penalty at the state level. After all, he’s done such a bang-up job running the Justice Department!
The Justice Department is putting the final touches on regulations th…

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