Texas government being idiots

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Lanyap

Elite Member
Dec 23, 2000
8,301
2,397
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Has anyone found a good link summarizing what happened regarding the police investigating his nationality, and when they learned of it?

If he misled the police and claimed to be American for an extended period, then that could influence my view on the situation.

I do not expect the police to go to great efforts to find out when they're being lied to about nationality, when it comes to their obligations under the treaty.

(They might do so for their own reasons to find illegals, but are not obligated to IMO.)

Once the government learns of his nationality, it should then follow the treaty, but if that was late in the process, I think it has a bearing on the issues.


I agree. I would like to know if there is a link with more details also. They say he has been here since age 2 and that was back in the seventies. For all we know he may not have even known he was a Mexican citizen until recently.
 

Craig234

Lifer
May 1, 2006
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I just look at my current US passport and it says: "while in a foreign country, you are subject to its laws".

The naive idea of US embassy personnel will bail you out if/when you are in trouble = pipe dream. And some of the rights we taken for grant in the US are big no no in a few countries, such as assemble, speech, question the authority, etc.

You can request/demand to see the US consul but if the local cops won't let you, you are in deep doodoo.

<<------have been to a few countries and continents and always careful with oversea trips.

Come on, get a little informed before posting.

I could go do your research for you and get a nice summary of what the embassy will and will not do, but why shouldn't you do it yourself?

The embassy is not there to call the foreign head of state and say 'you have our citizen, we have guns and money, we can make a deal'.

It is there to monitor the situation, and sometimes to provide some communications assistance, to get more involved possibly if your rights are violated, and other things.

You think the embassy does nothing for, say, the Americans held in Iran?

There is speculation inside Iran that Mr. Bauer and Mr. Fattal will eventually be released after back-door negotiations with the United States.

Who do you think is doing those 'back-door negotiations'?

People keep posting things that are correct - 'the embassy doesn't avoid their laws, it doesn't get you special deals' - but missing what it does do.

For most cases, people are simply defendants in the foreign justice system, however much it is worse than the US system, and there's little for the embassy to do but keep a record.

But it can protest problems - not ones based on 'the foreign laws violate your rights if you were in America', but typically if they violate your rights under the foreign laws.

They might be able to help you understand some law, to help refer you to a lawyer, etc.

Where there are more politics, they might get more involved - and for Mexico, these Mexican defendant who are not getting their Vienna treaty rights are more political.

That's why Mexico went to the ICC about 51 of them including this case. It's why they are pushing the issue diplomatically - with the US State Department and Presidents agreeing.

When a country doesn't even have capital punishment for its own worst criminals, watching a foreign nation violate a treaty and execute people with suspicion they had a half-ass defense is probably going to upset them. Imagine if we had a treaty to protect Americans from, say, torture, and then the other government tortured them saying, 'sorry, the treaty only binds our federal government, not the local government, a 5-4 court ruling decided, and we asked them not to but they didn't listen. What can you do, darn states'.

'Oh, we had a federal bill to enforce the treaty, but our federal legislature voted it down twice. So, ya, the treaty promise we made is pretty worthless. Oh well.'

'Oh, and the fact the ICC, the international court for this, ruled that our government had to follow the treaty? Well, we agree, but our court said they don't get to tell us that.'

Ya, it's pretty shaky ground for following our agreements at that point. It's easy to see why they and other countries are upset.

If Texas had not refused to notify embassy when they learned this defendant was a Mexican citizen, probably nothing would have changed as far as his being found guilty, and possibly even the sentence; and if it had changed, it would only been for the right reasons that our system found it should, because the embassy helped with resources of some sort that gave him a fair trial. Either way, it's nothing for us to complain about.

It's sad how many people are so clueless about why countries should have contact with their citizens in other countries, and simply seem to 'hate illegals' so they say 'screw em'.

Any rights violations get the same response - 'he was a bad murderer so screw his rights'.

Like our right to convict and execute him isn't enough - where is the line drawn on how we can violate his rights? No lawyer? Torture him? Have guards rape him with objects? (Hey, he raped that girl, so that's justice). Why not put his family in jail too? (He hurt that girl's family, so we'll hurt his). That mentality could justify all these things.

There isn't going to be 'justice' whatever is done, because justice is for the crime not to have been committed. Nothing provides 'justice' in response, including execution.

But they can try to have some part of 'justice' - and that includes some rights on both sides.

While these Iranian hikers are getting more embassy assistance, there are plenty of Americans sitting in foreign jails with almost none - because they did not have their rights under the foreign laws violated. Some are even executed in those few countries who still kill people. The embassy doesn't prevent that, unless it feels their rights under that country's laws, and that includes treaties, are violated, in which case it can do anything from a diplomatic complaint to suggesting we go to war over it.

Hasn't happened, but it's theoretically possible, in an egregious case. Think the American hostages in Iran under Carter, who the new Iranian government could view as 'criminals'.

They had served in ways supporting the Shah, a dictator, who tyrannized the people, who had been put in place by the US in the first place - we've certainly treated people like criminals for far less. When we've had 'regime change' in places like Iraq or Afghanistan, simply having served in the government for the previous leaders - the Taliban, the Baath party - was enough to put you at risk for punishment.
 
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Svnla

Lifer
Nov 10, 2003
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Come on, get a little informed before posting.

I could go do your research for you and get a nice summary of what the embassy will and will not do, but why shouldn't you do it yourself?

The embassy is not there to call the foreign head of state and say 'you have our citizen, we have guns and money, we can make a deal'.

It is there to monitor the situation, and sometimes to provide some communications assistance, to get more involved possibly if your rights are violated, and other things.

<snip the rest of incoherent ramblings>

Yes, you and anyone could google and figure out what US consular/embassy could do (on paper or in theory).

Have you ever been out of the US and in a third world country or two or three like I did a few times?

You could request/demand to see personel from the US embassy/consular until you turned blue in the face but if the local cops did not want you to, you are shit out of luck. Unless you have a nice handshake with a few US dollars or local currencies hidden inside.

Nope, they would not beat you up or mistreat you (speaking from my own experience only). They would just "retain" you for a "undetermine period of time" while they checked on your paperwork just to be sure....and while you just sat there for hours and hours...and hours.... do you see my point? Good luck with showing them the printout of the US embassy "to do list".

It is easy to sit at home in the US and demand your "rights" as a US citizen but it ain't working like that in the real world, at least the one that I encountered with many times. From my experience of traveling around the world, best way = dress and behave as much as possible as a local, don't stand out (vocal/visual) to the local authority, have fun and enjoy the trip.


One more thing, why you and liberals/progressives still haven't answer my post (#48) in this thread - suddendly now he is Mexican national? LOL.
 
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blackangst1

Lifer
Feb 23, 2005
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Yes, you and anyone could google and figure out what US consular/embassy could do (on paper or in theory).

Have you ever been out of the US and in a third world country or two or three like I did a few times?

You could request/demand to see personel from the US embassy/consular until you turned blue in the face but if the local cops did not want you to, you are shit out of luck. Unless you have a nice handshake with a few US dollars or local currencies hidden inside.

Nope, they would not beat you up or mistreat you (speaking from my own experience only). They would just "retain" you for a "undetermine period of time" while they checked on your paperwork just to be sure....and while you just sat there for hours and hours...and hours.... do you see my point? Good luck with showing them the printout of the US embassy "to do list".

It is easy to sit at home in the US and demand your "rights" as a US citizen but it ain't working like that in the real world, at least the one that I encountered with many times. From my experience of traveling around the world, best way = dress and behave as much as possible as a local, don't stand out (vocal/visual) to the local authority, have fun and enjoy the trip.


One more thing, why you and liberals/progressives still haven't answer my post (#48) in this thread - suddendly now he is Mexican national? LOL.

In my personal experience, I agree. 100% correct. I personally requested to speak with the US embassy when I was detained, and was told "you can when we release you." And that was that. I have also spoken to a couple of ex pats (one in the Philippines one in Columbia) who at some point were held by local authorities for various reasons, and requests for an embassy representitive fell on deaf ears.

I understand Craig's post. I also understand what our embassies can, and in very very rare cases have done, but in the real world, foreign countries arent required to give you anything. Nor will they. Its like the lottery. Sure, SOMEONE will win it, but odds are, its not going to be you.
 

a777pilot

Diamond Member
Apr 26, 2011
4,261
21
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So much for the long enshrined view of presumption of innocence. Suspected of a certain crime? The incarcerating authority can employ its chosen course of justice and ignore legislated rights upon a whim.

An accused rights were thwarted. In what ended up being state level political grandstanding to appeal to perverse patriotism and revenge, the ills committed long ago were not to be recognised. A political immature point that can be set as an internationally disruptive precedent.

Many here cannot sit back and practically look at this case, from start to closure. The short take for'em is of the end justifying the means. Feel it, so be it. If one is perceived to be guilty of such a crime then criminals not just don't, but never did deserve the legal accordance available from the start. If corruption of due accordance is committed by the state/law enforcement then with satisfaction of successful revenge, such masses will applaud them along. No rectification of the legal ills will be fairly resolved. The precedent of isolating the alien is victorious and will continue.

Such it goes in a land with the warped sense of a mostly elected judiciary and local law enforcement leadership. Tyranny of the masses. Mob rule and lynching. A history of the USA, sadly infamous points within that history that some desire to maintain.

Except for the fact that he, the guy with the needle in his arm, admitted to his crime and apologized for it. So, bye-bye and enjoy eternity.
 

Craig234

Lifer
May 1, 2006
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Yes, you and anyone could google and figure out what US consular/embassy could do (on paper or in theory).

The issue was you getting informed.

Have you ever been out of the US and in a third world country or two or three like I did a few times?

Mostly first world, but I've been to Mexico - and interacted with their police. Paid one, in fact. I also found the Tijuana police department and saw something that struck me as spooky. The shift of police officers gathered outside and formed a circle, I think holding hands in the middle, and did some sort of 'morale chant' it seemed like Wal-Mart.

I've dealt with other countries' police as well. For example, in France a couple interactions were my being grabbed by undercover police and taken to the station - along with the gypsy mother and children who had just tried to pickpocket me I hadn't noticed; and I had an ATM machine eat my card, more than once, and got fed up and when the bank said 'we can't send someone, it's Sunday', I told them I'd file a police report as theft of it, and did, and the bank had someone come out and get my card.

Not sure what the point of this is, though, we're talking about the embassy.

You could request/demand to see personel from the US embassy/consular until you turned blue in the face but if the local cops did not want you to, you are shit out of luck. Unless you have a nice handshake with a few US dollars or local currencies hidden inside.

And you would have grounds for a complaint they violated the treaty, which the US embassy should act on.

Nope, they would not beat you up or mistreat you (speaking from my own experience only). They would just "retain" you for a "undetermine period of time" while they checked on your paperwork just to be sure....and while you just sat there for hours and hours...and hours.... do you see my point? Good luck with showing them the printout of the US embassy "to do list".

A delay while you wait is a far cry from the execution in this case.

It is easy to sit at home in the US and demand your "rights" as a US citizen but it ain't working like that in the real world, at least the one that I encountered with many times. From my experience of traveling around the world, best way = dress and behave as much as possible as a local, don't stand out (vocal/visual) to the local authority, have fun and enjoy the trip.

Well, other countries' police can suck. The Tijuana police kept me waiting for hours wanting to file a stolen property report, until one decided to be very helpful by typing it up - and then asking for a cash payment it was clear I 'owed' at that point for the service he just gave me, which he promptly put in his top desk drawer, not any cash drawer.

That's a mild story of what can often happen.

I haven't seen the US respond to these protest much though that other countries are also violating the treaty, which I think they would if it were happening.
 

blackangst1

Lifer
Feb 23, 2005
22,902
2,360
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The issue was you getting informed.



Mostly first world, but I've been to Mexico - and interacted with their police. Paid one, in fact. I also found the Tijuana police department and saw something that struck me as spooky. The shift of police officers gathered outside and formed a circle, I think holding hands in the middle, and did some sort of 'morale chant' it seemed like Wal-Mart.

I've dealt with other countries' police as well. For example, in France a couple interactions were my being grabbed by undercover police and taken to the station - along with the gypsy mother and children who had just tried to pickpocket me I hadn't noticed; and I had an ATM machine eat my card, more than once, and got fed up and when the bank said 'we can't send someone, it's Sunday', I told them I'd file a police report as theft of it, and did, and the bank had someone come out and get my card.

Not sure what the point of this is, though, we're talking about the embassy.



And you would have grounds for a complaint they violated the treaty, which the US embassy should act on.



A delay while you wait is a far cry from the execution in this case.



Well, other countries' police can suck. The Tijuana police kept me waiting for hours wanting to file a stolen property report, until one decided to be very helpful by typing it up - and then asking for a cash payment it was clear I 'owed' at that point for the service he just gave me, which he promptly put in his top desk drawer, not any cash drawer.

That's a mild story of what can often happen.

I haven't seen the US respond to these protest much though that other countries are also violating the treaty, which I think they would if it were happening.

Craig, what treaty are you speaking of?
 

Svnla

Lifer
Nov 10, 2003
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The issue was you getting informed.

Hummm, look like you that were having problems with getting informed and continue living in La La land because we all know theory and reality are NOT the same. Even your posts (and people that had been to third world countries) supported my statements about how cops in third world countries behaved.


And you would have grounds for a complaint they violated the treaty, which the US embassy should act on.

Yeah, sure, go ahead and file a complain. I am sure the embassy/consular staff members have nothing better to do and will get right on it and punish the evil doer. LOL.


A delay while you wait is a far cry from the execution in this case.

That's why I never intend to rape and kill anyone while I visit other countries. Very simple: no felony crime = no execution. See my previous post about how to blend in and enjoy the trip while a person is in another country.

Third time request: anyone from the progressive/liberal camp is going to answer my post (#48)? Come on guys/gals, don't be shy.
 
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Craig234

Lifer
May 1, 2006
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Yeah, sure, go ahead and file a complain. I am sure the embassy/consular staff members have nothing better to do and will get right on it and punish the evil doer. LOL.

Show me evidence to back up your assertion of Americans having their Vienna treaty rights denied and the US Embassy doing nothing about it.

That's why I never intend to rape and kill anyone while I visit other countries. Very simple: no felony crime = no execution. See my previous post about how to blend in and enjoy the trip while a person is in another country.

Whatever your point is, thanks for confirming that no one innocent is ever charged with crimes in foreign countries. Like the IMF head charged with rape.

It's kind of pointless to talk with you when you limit it to what you do.
 

Craig234

Lifer
May 1, 2006
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Third time request: anyone from the progressive/liberal camp is going to answer my post (#48)? Come on guys/gals, don't be shy.

Really, you think that deserves more answer?

So, if you commit any crime, you deserve no rights, is your position, it seems.

We can disagree.

But you ignore the possibility, as I said in the post above, of any chance you ever are suspected of a crime you did not commit.

I'm sure glad no one could plant some drugs on you! How convenient.
 

Svnla

Lifer
Nov 10, 2003
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Show me evidence to back up your assertion of Americans having their Vienna treaty rights denied and the US Embassy doing nothing about it.

Quote me if I ever said anything about Vienna treaty violation and US embassy doing nothing about it. Point it out. What I said were my own experience in third world countries, in reality and not in "perfect world" theory and others that had been there agreed.

Whatever your point is, thanks for confirming that no one innocent is ever charged with crimes in foreign countries. Like the IMF head charged with rape.

Again, quote me if I ever said "no one innocent is ever charged with crimes in foreign countries". Point it out. IMF Head accusation of rape or not, the court will decide, not you or me.

It's kind of pointless to talk with you when you limit it to what you do.

You quoted me to start this debate, I did not quote you. It is pointless to debate with you when you are unable to read and understand my posts and put words in my mouth, suggest something that I never said, implied or expressed.

So, if you commit any crime, you deserve no rights, is your position, it seems.

Again, you put words in my mouth. I did not say anything about his guilt or innocent in my very first post in this thread (post #48). This is what I said:

Funny how those ILLEGALS that sneak into the US and then scream "we are US citizens now cuz our parents brought us here when we were young, we could not help it, not our fault and if you don't agree with it, you are soooo racist/xenophobia/etc.".

But now that bastard and people like him suddendly scream.."but..but..but....we are Mexicans". Talk about speaking out loud on both sides of the mouth. LOL.

Nice try, Craig.
 
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Craig234

Lifer
May 1, 2006
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Quote me if I ever said anything about treaty violation. Point it out.

Here you insinuate other countries violate the Vienna treaty rights of Americans:

Have you ever been out of the US and in a third world country or two or three like I did a few times?

You could request/demand to see personel from the US embassy/consular until you turned blue in the face but if the local cops did not want you to, you are shit out of luck. Unless you have a nice handshake with a few US dollars or local currencies hidden inside.

Nope, they would not beat you up or mistreat you (speaking from my own experience only). They would just "retain" you for a "undetermine period of time" while they checked on your paperwork just to be sure....and while you just sat there for hours and hours...and hours.... do you see my point? Good luck with showing them the printout of the US embassy "to do list".

Here you allege that when they violate Americans' Vienna treaty rights, the US embassy will do nothing:

Craig234: And you would have grounds for a complaint they violated the treaty, which the US embassy should act on.
Yeah, sure, go ahead and file a complain. I am sure the embassy/consular staff members have nothing better to do and will get right on it and punish the evil doer. LOL.

Stop wasting my time demanding I repeat what you wrote to you, and back up your allegations with evidence as I already asked.

Again, quote me if I ever said "no one innocent is ever charged with crimes in foreign countries". Point it out.

You claimed that if you just 'behave' in other countries, then you won't have any problems.

That implies no one innocent is ever suspected, or charged.



You quoted me, I did not quote you. It is pointless to debate with you when you are unable to read and understand my posts and put words in my mouth, insuniate something that I never said, implied or expressed.



Again, you put words in my mouth. I did not say anything about his guilt or innocent in my post #48. This is what I said:

You can't even quote yourself right. You 'demanded 3 times your post #48 be answered', here is the ONLY question you asked in that post, not quoted by you here:

Well, if you won't committ horrible crimes such as rape and murder like that bastard, then why should you worry about it?

<<----travel to many locations and continents and not worry about execution because he won't committ felony crimes and follow the law of that country that he visit.

So your answer to the Vienna treaty rights being violated is, 'don't break the law and you won't have a problem'.

I pointed out you are implying:

So, if you commit any crime, you deserve no rights, is your position, it seems.

Since you have nothing to say about someone who commits a crime having their rights violated, other than 'don't break the law', implying it's fine with your to violate their rights if they do break it.

You are not discussing what you said honestly.
 
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Svnla

Lifer
Nov 10, 2003
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Here you insinuate other countries violate the Vienna treaty rights of Americans:

Here you allege that when they violate Americans' Vienna treaty rights, the US embassy will do nothing:

Stop wasting my time demanding I repeat what you wrote to you, and back up your allegations with evidence as I already asked.

You claimed that if you just 'behave' in other countries, then you won't have any problems.

That implies no one innocent is ever suspected, or charged.

You can't even quote yourself right. You 'demanded 3 times your post #48 be answered', here is the ONLY question you asked in that post, not quoted by you here:

So your answer to the Vienna treaty rights being violated is, 'don't break the law and you won't have a problem'.


I pointed out you are implying:


Since you have nothing to say about someone who commits a crime having their rights violated, other than 'don't break the law', implying it's fine with your to violate their rights if they do break it.

You are not discussing what you said honestly.

Craig, how many imply, allege, etc. are you going to use? I said quote me, not implying, allegeing, insinuating, I do not know how to make it any clearer than that. I can't help it about your brain tells you what to think but I know what I said (based on my OWN experience as I already stated in my post).

You know full well that I was asking about post #48, the top part of my original statement, about how hypocrite the ILLEGALS and their liberal/progressive cohorts are. The bottom part was the edited reply to her204. Nicely done with cherrypicking there.

Look like you are not discussing about things honestly.
 
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Craig234

Lifer
May 1, 2006
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Craig, how many imply, allege, etc. are you going to use? I said quote me, not implying, insinuating, I do not know how to make it any clearer than that.

You know full well that I was asking about post #48, the top part. The bottom part was the edited reply to her204.

Look like you are not discussing about things honestly.

No, I looked at post 48 trying to figure out what you want answered, and there's only one thing with a question mark. If you wanted something else, you should have clarified.

Your attack that it's not an honest interpretation of what you asked is baseless and offensive, and reason alone to not discuss further.

Frankly I'm tired of you just denying you say what you said. I don't think you are discussing the issues in good faith. You respond to points about the implications of what you are saying with false attacks. Frankly, you are wasting my time repeatedly with this sort of dodging. So, I've made my points, and not caring to waste more time, I'll say, I'm done responding.
 
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Svnla

Lifer
Nov 10, 2003
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No, I looked at post 48 trying to figure out what you want answered, and there's only one thing with a question mark. If you wanted something else, you should have clarified.

Your attack that it's not an honest interpretation of what you asked is baseless and offensive, and reason alone to not discuss further.

Frankly I'm tired of you just denying you say what you said. I don't think you are discussing the issues in good faith. You respond to points about the implications of what you are saying with false attacks. Frankly, you are wasting my time repeatedly with this sort of dodging. So, I've made my points, and not caring to waste more time, I'll say, I'm done responding.

I know what I said based on my own experience as I stated in previous post.

I am wasting your time? How about you wasting my time because you quote my post and I have to reply/clarify because you were trying to put words in my mouth with a bunch of "allegeing", "implying". You were saying something about "baseless"? ^_^