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Friday, September 28, 2007

For the Record: 2007 Hate Crimes Vote

TIME TO TURN UP THE HEAT ON HATE CRIMES, IN VIEW OF VETO THREAT

For the record, you can read the 2007 record of the "most deliberative body in the world" give an hour or so of time to hate crimes legislation, with Republican senators opposed alternating between calling it "not thought through" and the same thing for 10 years.

Senator Kennedy, whatever his faults, is such a lion on a lot of these issues, that the Senate Chamber won't be the same without him.

Rising to speak in favor: Kennedy, Smith (co-sponsor), Feinstein, Levin, Kerry.

Rising to speak against: Hatch, Graham, Cornyn, Sessions.

I have yet to read all of Hatch's latest escape-hatch legislation, that was also put up and approved.

HATE CRIME REDUCED TO MURDER IN MINDS OF REPUBLICANS

Almost all of those speaking against the bill tried to reduced hate-crimes to murder, or murder-one, at some point in their speech. This way, they can point to the stiff (Texas) penalties and a trial record that might include state of mind of the defendant. Of course, the beatings and assaults that occur more frequently, they seldom, if ever, mention in the same breath.

  • Mr. HATCH. Mr. President, I agree with 80 percent of what the distinguished Senator has said during this debate. The fact is, the very name of this bill makes the very point I am making. It is the ``Matthew Shepard Act,'' a heinous crime committed against him where both people were prosecuted and sentenced to life; in the Byrd case, sentenced to death. We are taking care of these problems. ["We"? Not you Senator, not you.]
  • Mr. SESSIONS: What I want to say to my colleague is that a murder in Utah, a murder in Massachusetts, a murder in Alabama is not a Federal crime unless certain other events occur, unless it is related to some other event. [ignoring the fact that the bill is called the Local Law Enforcement Act ... d'oh ... and that busting up Church property is a 'federal offense' (one that he likely voted for, I'd guess)]
  • Mr. CORNYN: Thus, James Byrd's killers [in infamous Texas case] were convicted under State law, and according to a jury verdict, after exhausting all appellate remedies, were ultimately executed. If the same individuals committing those heinous acts back then were charged by a Federal prosecutor under this bill, they could not be given the death penalty by the jury. That is only one example of how this particular provision has not been thoroughly thought out or the consequences thoroughly vetted.
ADMINISTRATION OF JUSTICE IS 'SOCIAL LEGISLATION'

For two of the GOP, matters of crime and apt punishment are "social legislation".
  • Mr. McCONNELL. There are too many important Defense provisions in the bill that are at risk because of a controversial, nongermane amendment dealing with social policy. [on the Senate floor]
  • Mr. GRAHAM: The President is not going to agree to this social legislation on the Defense authorization bill, ...
HATCH IS OUT OF TOUCH WITH HIS OWN PARTY, THESE DAYS

Compare the lofty rhetoric:

SENATOR HATCH: I have said for years [???] in this Chamber that violence motivated by bias against a particular group is abhorrent. Everybody in this body believes that. There is no issue here. We believe that. I believe such conduct must and should be made a crime and punished differently from other crimes. I know all of my colleagues share my conviction about hate crimes.

With the low-down truth:

SENATOR CORNYN: It is a mistake, in my judgment, to begin to treat people unequally based on the same conduct because of notions that some crimes are simply more despicable than others based upon the individual against whom they are perpetrated.


REST OF THE SENATE SILENT IN DEBATE

At least we have what record there is for history.

/filed Gay Equality: Hate Crimes Legislation