On Friday the U.S. Supreme Court reinstated the death sentence imposed on convicted Boston bomber Dzhokhar Tsarnaev, whose 2013 actions resulted in three people killed and hundreds more injured.
The high court’s 6-3 decision reversed a 2020 ruling by the U.S. Court of Appeals for the 1st Judicial Circuit, and represented a huge win for President Biden’s Justice Department lawyers, who argued that the death sentence should be reinstated.
It also offered a sense of justice to many Americans, who watched in horror at the carnage the two Tsarnaev brothers inflicted at that year’s annual Boston Marathon, which should have been a joyful event of friendly competition and celebration.
But the court’s ruling was a huge loss for the Democratic Party in general, and for Biden in particular.
The 2020 Democratic Party Platform reasserted the DNC’s 2016 platform’s call for the abolition of the death penalty.
The party called and Biden answered. His campaign indicated that he "will work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government’s example."
His resolution, however, was out of sync with public opinion. A June 2021 Pew Research poll found that a strong majority of Americans — 59% — believe that the death penalty is appropriate for anyone convicted of a heinous crime such as murder.
During his first months in office, Biden signed a flurry of executive orders that primarily reversed the Trump administration’s energy and immigration policies, but he ignored his promise on the death penalty.
White House press secretary Jen Psaki was asked about the Supreme Court’s agreement to take up the Tsarnaev case at the behest of his Justice Department a year ago this month, in light of the president’s promise to eliminate the federal death penalty.
"President Biden made clear, as he did on the campaign trail, that he has grave concerns about whether capital punishment, as currently implemented, is consistent with the values that are fundamental to our sense of justice and fairness," Psaki said. "He's also expressed his horror at the events of that day and . . . Tsarnaev's actions."
On July 1, after Biden failed to push legislation to totally abolish the federal death penalty, Attorney General Merrick Garland imposed a moratorium on federal executions and the death penalty.
So the Biden administration’s Justice Department placed a moratorium on death penalties at the federal level, while it simultaneously successfully argued that the death penalty should remain intact.
The muddled messaging coming from the Biden administration is stunning. Luckily the Supreme Court provided the clarity that the odd situation called for.
Justice Clarence Thomas, the plain-speaking sole Black member of the court, who has become something of a hero to conservatives, delivered the court’s opinion.
Justice Thomas didn’t disappoint.
"Dzhokhar Tsarnaev committed heinous crimes," Thomas concluded. "The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one. The judgment of the United States Court of Appeals for the First Circuit is reversed."
The president’s duplicity and contradictory messaging indicates that he lacks the standards and convictions expected of world leaders. All he has is an ability to say whatever it takes for him to win the next election.
He’s the type of person who will promise that he "will hold accountable Saudi Arabia, China, and every nation that violates the human rights of their citizens" while campaigning.
And then 16 months later will beg that same Saudi Arabia for oil, as well as other countries "that violate the human rights of their citizens," including Iran and Venezuela, while financing Russia’s unprovoked invasion of Ukraine.
Biden’s vice president probably summed it up best late last month — although it was not her intention to do so.
"When folks vote, they order what they want, and in this case they got what they asked for," she said, adding, "I went off script a little bit." No kidding.
We asked for someone lacking conviction, consistency, and a moral compass — in other words an empty suit — and that’s what we got.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.
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