Friday, January 07, 2005

Bushfiles: The Clemency Memos

In the summer of '03 Alan Berlow published an article in the Atlantic Monthly giving, for the first time, a clear look inside the clemency process during Bush's term(s) as governor of Texas. The article is unfortunately subscription only so I really can't abstract it here, but I will summarize it briefly.

You may not be surprised to know that Bush didn't spend much time on the issue. The routine he established with Gonzalez required Gonzalez to abstract information from the appeal itself so that Bush didn't have to read the whole thing. What Berlow also discovered was that often Gonzalez failed to apprise Bush of crucial issues including ineffective assistance of counsel, conflicts of interest, mitigating evidence, and even actual evidence of innocence.

Is it shocking that Bush didn't even read the appeal itself? It doesn't shock me. Bush is a don't bother me with the details guy, even if the issue is life or death. He assured people that his review was the fail-safe method for ensuring due process and certainty of guilt. This guy lives in a fucking dream world.

In this searching and deep inquiry Bush woud apparently ask whether there was "any doubt as to guilt or innocence? And, have the courts had ample opportunity to review all the legal issues in the case?" Any doubt? A jury doesn't even have that high a burden and still finds people guilty of capital crimes (many times improperly and wrongfully). His review left no room for questions of mental competence, childhood physical or sexual abuse, remorse, rehabilitation, discrimination in jury selection, competence of counsel, etc.

Memo to George and Barbara: You did a lousy job of raising this guy.

Now, my essay in pictures of the King George Clemency Review Process.

If you look like this:



If your jury looked like this:



Or worse, like this:



If your lawyer worked at the "I Can't Believe It's A Law Firm!"



But you have appealed to courts that "heard" your appeals but didn't change the verdict.



You're Fucked.

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