On June 24, 1993, teenagers Jennifer Ertman and Elizabeth Peña, as they were walking home, were taken by gang members engaged in a gang initiation. Six of them, including Jose Medellin beat and raped the girls repeatedly. Satiated at last, gang leader Peter Cantu ordered their deaths. As Jennifer and Elizabeth plead for their lives José Medellín, and Efrain Perez strangled Elizabeth Peña with shoelaces. Others stomped on the girls' throats to make certain they were dead. Later, on returning home, Medellin told his family that the gang really had a good time that afternoon. When arrested, Mr. Medellin blithely confessed—such is the philosophy of machismo.
Displaying no remorse whatsoever, he admitted to gang raping both girls, and he described how they pleaded for their lives before he stomped on one girl’s neck and strangled them both with a shoelace and a belt.
Medellin was appointed counsel. At trial, a jury found him guilty of rape and murder. He was sentenced to death. While a Mexican citizen by birth, Medellin had spent most of his life illegally in the United States. He was given an American education. He spoke English fluently.
Four years after his conviction, he appealed to the US Supreme Court, alleging that as he was a Mexican citizen, he was entitled—pursuant to the protocols of the Vienna Convention—to confer with the Mexican consulate following his arrest in a foreign country (the foreign country he referred to was America). He argued that as he was not accorded the right to chat with a Mexican bureaucrat before trial, or advised of this right, the jury verdict against him should have been set aside.
Former President Bush, purveyor of mass amnesty— also known by the Orwellian euphemism “A Path to Citizenship”— made extraordinary efforts to set aside the convictions of Medellin, and 51 other illegal aliens awaiting execution on Death Row. He approved Medellin’s appellate argument and ordered that Medellin and all the 51 Death Row convictions be set aside— so as to further good international relations.
Medellin, with the aid and assistance of the president of the United States, then centered his appeal upon a new theory unprecedented in American jurisprudence. He contended—as did the United Nations and the International Court of Justice—that the U.N. and the International Court of Justice are superior in jurisdiction to the sovereign U.S. Supreme Court, and Congress. Therefore, as the International Court of Justice had commanded the United States to vacate the murder convictions of Medellin and the convictions of an additional fifty-one illegal aliens on Death Row, the United States had no recourse other than to obey and submit.
Accordingly, President George Bush ordered the Texas Court of Criminal Appeals, to set aside Medellin’s death sentence. Finally, in a dramatic move, on the night before Medellin’s oral argument to the Supreme Court, President Bush issued a Memorandum advising the Supreme Court that,
[He] had “determined”…the United States would “discharge its international obligations under the decision of the International Court of Justice in [Avena], by having State courts give effect to the decision in accordance with general principles of comity in cases filed by the 51 Mexican nationals addressed in that decision.” [i]
Medellin, of course, eagerly adopted President Bush’s Memorandum arguing that the Memorandum—in effect, ordering his release—as it is federal law, binds the US Supreme Court, all inferior state courts, and Congress itself. However, in ordering the Texas Court of Criminal Appeals to submit to the jurisdiction of the International Court of Justice, President Bush ignored the Senate’s sovereign prohibition against the International Court’s pretension to a jurisdiction superior to a sovereign United States.
The U.S. Supreme Court affirmed Medellin’s conviction and struck down President Bush’s Memorandum. The High Court in a withering opinion explained the plain truth to two presidents who should know better: America is a sovereign nation. A nation so called that may be forced to bow to the jurisdiction of an international organization and its court, is not sovereign. The Supreme Court held that,
Nothing in the text, background, negotiating and drafting history, or practice among signatory nations suggests that the President or Senate intended the improbable result of giving the judgments of an international tribunal a higher status than that enjoyed by “many of our most fundamental constitutional protections.” [ii]
Now, the Obama Administration, in a spectacle of reelection “compassion,” is trying to use the same radical theory urged by President Bush to set aside the verdict of one more rapist murderer. President Obama has asked the Texas Supreme Court to delay the execution of Humberto Leal Garcia, a Mexican citizen unlawfully living in the United States. He stands convicted by a jury of the torture, rape and murder of a 16-year-old American girl.
“Police discovered Sauceda's nude body on a dirt road in San Antonio in May 1994. Evidence showed she had been raped, bitten and strangled. A large stick that had a screw protruding from it was left in her body. Among other evidence, the bite mark was matched to Leal. Her bloody blouse was found at [Humberto Leal Garcia’s] home. She and Leal had been attending a party not far from where she was found.”
Journalist Jeannie DeAngelis writes that
….Adria Sauceda…was "pumped full of alcohol, cocaine, and marijuana" and had already been "brutally savaged" by nine men "taking turns" at a backyard party. Leal "raped her some more before finally ending her misery by crushing in her skull with a 35 lb chunk of asphalt…."
Despite the ghastly nature of his crime, "[s]everal former U.S. law enforcement officials and ex-diplomats appealed last month that Garcia's execution be blocked, arguing it puts the safety of Americans at risk abroad," never mentioning the risk monsters like Humberto Leal Garcia pose to Americans right here at home.
The Obama Administration, working in league with the U.N., intends to pass legislation calculated to circumvent the U.S. Supreme Court’s opinion in Medellin v. Texas. They launched a frivolous appeal to the High Court reiterating precisely the same failed theory trounced in Medellin.
Together the President and the UN are appealing to the Supreme Court to halt the execution of the "38-year-old Leal -- who has lived in the United States since he was 2 years old," because he was denied "access to a Mexican consular official at the time of his arrest."
The president’s plan, apparently, is to delay Garcia’s execution until such time as Congress passes legislation that will serve to set aside his rape/murder conviction. President Obama and the democrats, in seeking to stop the execution of Humberto Garcia, the convicted rapist, torturer and murderer of Adria Sauceda, are engaging in precisely the same Constitutionally aberrant, fantastic and self-serving legalistic fantasy that prompted President Bush’s extraordinary assistance to the rapist-killer Medellin and 51 convicted illegal aliens on Death Row.
As Garcia is a Mexican Citizen, and as President Obama is desperately pursuing the Hispanic vote with outright gifts of “back-door amnesty and American Citiizenship”— it is plain to see that he is handing the American people yet another histrionic example of The Political Pander.
But then the poet Robby Burns warned that “The best laid schemes o’mice an’ men Gang aft agley, An’ leae us nought but grief an’ pain, For promis’d Joy!”
The Texas Supreme Court denied President Obama’s request to delay Garcia’s execution. There may be a poetic justice after all.
My new book Renegades, Their Betrayal of America. Her Revolution and Renaissance, endorsed by our own Jeff Crank, will be released July 26,2011. You may order Renegades before July 26 through www.tatepublishing.com/bookst. (You may click on the site right here). Type in my name or “Renegades” and place your order. Following the release date Renegades will be also be available at online and local bookstores.
 Ted Cruz, Defending US Sovereignty, Separation of Powers, and Federalism in Medellin v. Texas. Harvard Journal of Law & Public Policy, Harvard Law Review, Vol.33, Number 1, Winter, 2010.
 Obama calls for halt to Texas execution. Mexican was convicted of raping, killing San Antonio girl By MARK SHERMAN ASSOCIATED PRESS July 1, 2011, 6:42PM