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“THE EXECUTION OF JUAN RAUL GARZA” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S6440-S6441 on June 19, 2001.
The publication is reproduced in full below:
THE EXECUTION OF JUAN RAUL GARZA
Mr. FEINGOLD. Mr. President, I rise to speak on the Federal Government's execution today of Juan Raul Garza.
This is a sad day for our Federal criminal justice system. The principle of equal justice under law was dealt a severe blow. The American people's reason for confidence in our Federal criminal justice system was diminished. And the credibility and integrity of the U.S. Department of Justice was depreciated.
President Bush and Attorney General Ashcroft failed to heed the calls for fairness. Instead, the Government put Juan Garza to death.
Now, no one questions that Juan Garza is guilty of three drug-related murders. And no one questions that the Government should have punished him severely for those crimes.
But serious geographic and racial disparities exist in the Federal Government's system of deciding who lives and who dies. The government has failed to address those disparities. And President Bush and Attorney General Ashcroft failed to recognize the fundamental unfairness of proceeding with executions when the Government has not yet answered those questions. No, the government put Juan Garza to death.
Today, most of those who wait on the Federal Government's death row come from just three States: Texas, Missouri, and Virginia. And 89 percent of those who wait on the Federal Government's death row are people of color. But President Bush and Attorney General Ashcroft failed to recognize the fundamental unfairness of executing Juan Garza, a Hispanic man from Texas, before the Government had answered why those disparities exist.
On December 7, President Clinton stayed the execution of Juan Garza
``to allow the Justice Department time to gather and properly analyze more information about racial and geographic disparities in the federal death penalty system.'' That day, President Clinton said, ``I have . .
. concluded that the examination of possible racial and regional bias should be completed before the United States goes forward with an execution in a case that may implicate the very questions raised by the Justice Department's continuing study. In this area there is no room for error.''
But today, the thorough study that President Clinton and Attorney General Reno ordered is nowhere near completion. Even so, the Government put Juan Garza to death.
It now appears that, until recently, this administration's Justice Department had no plans to proceed with this thorough study. We now see that, on June 6, the Justice Department released a report that contained no new analysis but nonetheless reached the conclusions that they wanted to reach.
Yes, after I called for a hearing and demanded that the thorough study resume, the Justice Department did agree to renew its thorough examination of racial and geographic disparities in the Federal death penalty system. But even so, the Government put Juan Garza to death.
Experts at that hearing of the Judiciary Subcommittee on the Constitution testified that the facts did not support the conclusions that the Justice Department reached in its June 6 report. Experts testified that more information is needed before the Justice Department could credibly conclude that racial bias is absent from the Federal death penalty system. But even so, the Government put Juan Garza to death.
The Justice Department now acknowledges that it has not conducted a complete review and that more study is needed. Before the Department completes that thorough review, and before it finishes that study, the Federal Government should not execute one more person.
I once again call on the President to implement a moratorium on executions by the Federal Government. I call for it in the name of the credibility and integrity of the Department. I call for it in the name of justice. And I call for it in the name of equal justice under law.
Mr. THURMOND. Mr. President, I rise today to discuss the Federal execution that was carried out earlier today.
I believe that the Justice Department did what was right today when it carried out the death penalty against drug kingpin and murderer Juan Raul Garza.
Steadfast death penalty opponents have tried to use Mr. Garza's case to justify a moratorium on the death penalty. It is puzzling why they would because his case in no way supports their arguments about innocence and racial disparity in the administration of the death penalty.
First, Mr. Garza was clearly guilty. He was convicted of murdering three people, one of who he shot in the back of the head, and he was tied to five other killings. Even his lawyers are not claiming innocence.
Second, there was no evidence that his race had anything to do with him receiving the death penalty. The judge and the main prosecutor in his case were Hispanic, as were all of his victims except one. The majority of the jurors had hispanic surnames, and all the jurors certified that race was not involved in their decision.
Moreover, there were six death-eligible cases in this district, the Southern District of Texas, all involving Hispanic defendants. Yet, Mr. Garza's was the only case for which the local U.S. Attorney recommended the death penalty, and the only one for which it was sought.
Mr. Garza was convicted under a law that Congress passed in 1988, which reinstated the death penalty and directed it at ruthless drug kingpins like Mr. Garza who commit murder as part of their drug trafficking. By following through with the death penalty in appropriate cases such as this, the Attorney General is simply enforcing the laws he has a duty to uphold.
Mr. Garza was treated fairly and had full access to the extensive protections of the criminal justice system. This execution is not a case study in injustice. It is a case study in how the system works properly.
I agree that continued study of the death penalty is worthwhile, but studies should not be used as an excuse to place a moratorium on the death penalty while opponents endlessly search for flaws in the system.
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