The Corner

You Have The Right to Remain Silent

Few people have paid attention to the latest campaign by the post-Americans (and the Mexican government) to undermine American sovereignty. A New York Times story Friday reported on the case of one of several dozen Mexican murderers on death row whose lawyers are trying to use Article 36 of the Vienna Convention on Consular Relations to get them off. The article requires police in one member state who arrest the national of another member state to notify the arrested person that he can contact his country’s consulate for assistance. This is a perfectly reasonable measure — I call it the Midnight Express provision — but in the case of mass Mexican immigration it subverts our sovereignty. It is being used by attorneys to create a kind of super-Miranda right for non-U.S. citizens (and perhaps dual citizens), so that statements and evidence gathered before the consular warning was given would be excluded. Given the huge disproportion in the number and characteristics of Mexicans in this country vs. Americans in Mexico, this lays the groundwork for Mexican government co-management of much of our criminal justice system. As it is, the Times story says that Oklahoma’s attorney general asked his state’s appeals court to stay the Mexican murderer’s execution until the International Court of Justice in the Hague decides what to do. I’m open to suggestions on how to stop this, but I don’t see one other than permanent reductions in immigration.