Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, we are all saddened by the death of a police officer cut down in the line of duty, and our hearts go out to his family, friends, and…
Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, we are all saddened by the death of a police officer cut down in the line of duty, and our hearts go out to his family, friends, and coworkers. We all want to see justice for victims and for society for such a tragic loss. Yet, we must leave the search for justice to our courts to apply our constitutional system of administering justice.
There have been advocates and interested parties on both sides of the issue of the Mumia Abu-Jamal case from the beginning. Regardless of one's views of the merits or the lack of merits of this case, the contentions in the pending case, the Congress of the United States is not the proper forum to debate or determine the merits of this case. The existing appealable issues in the case are now pending before the United States Court of Appeals for the Third Circuit, and Congress should not attempt to wield the court's gavel or presuppose its decision. And this is not an automatic go-through-the-motions appeal. The Federal District Court upheld the conviction, though it did overturn the death penalty in the case. Abu-Jamal is appealing the part of the case upholding the conviction; the State is appealing the part overturning the death sentence. So there are clearly judicial issues on both sides, and Congress should not interject itself on a matter pending before a court of law established to resolve the merits of legal issues.
I thought we had learned from the Terry Schiavo case why Congress should not seek to serve as a judicial appeal arena on emotionally charged issues. Of course, the recent record reflects issues to strip Federal courts of jurisdiction to even hear cases related to emotion- laden issues, which would suggest that we have not learned our lesson. But I do remain hopeful. Let the judiciary do its job. Any suggestion that the legislative branch can or should fix or have a say in a pending case before the courts not only demeans the judicial branch, but it diminishes respect for the law.
Nor should Congress seek to respond to or otherwise address the actions of a municipality in a foreign sovereign nation, and certainly not in the matter contemplating holding the nation accountable for the ministerial actions of its subordinate jurisdictions, as this resolution attempts to do. We should not expect the United States to be urged by a foreign legislative body, as the resolution says, to take appropriate action against one of our municipalities when the foreign government disagrees with the action taken by one of those cities.
There are many advocates for overturning the death sentence in this case, here in the United States as well as other countries. I understand some of those advocates are planning a rally in Philadelphia on December 9, the anniversary of his arrest. The city of Philadelphia will undoubtedly approve a permit for that rally. Now, are we going to pass a resolution condemning the city of Philadelphia for approving a rally in favor of Abu-Jamal, or should we take Federal action appropriate against the city for taking that action?
We also know that the city of San Francisco has made Abu-Jamal an honorary citizen. Are we going to take Federal action against San Francisco because of that action?
And what standard are we setting by this resolution? Municipalities around the world and right here in the United
States take actions that many of us may disagree with. You would think that some in Congress would agree or disagree with many of the resolutions passed by municipalities expressing their opposition to the USA PATRIOT Act or their opposition to the war in Iraq. Are we going to urge the United States to take appropriate action against those cities for criticizing the United States and its military actions? And do we create the opposite effect of the apparent attempt of the resolution by calling even more attention to the otherwise obscure event that is the subject of this resolution? Frankly, I had never heard of the action of the city of St. Denis before I saw this resolution, and I suspect few people in the United States or anywhere else had ever heard of this action. By complaining about those giving attention to the case and the issues through this resolution, we are simply giving more attention to it.
The death penalty is a controversial issue in this country and around the world. It is an issue of conscience by many here as well as abroad, regardless of how heinous a crime for which someone may have been sentenced to death. The United States is one of few major countries in the world where the death penalty is still applied. Amnesty International and other human rights groups criticize the United States policies on the death penalty as inhumane and inconsistent with international human rights standards, and we encounter many difficulties in getting international cooperation because of it. When we try to have a captured capital crime defendant extradited from another country back to the United States, we routinely face opposition from countries of origin and other countries because we have the death penalty. In fact, a letter from St. Denis has mentioned their opposition to the death penalty as one of the reasons for their action.
And so we should not be shocked by those who are facing death penalties when they are designated as martyrs of what some consider to be a barbaric and archaic practice. Mr. Speaker, because we should not, as the resolution says, urge the Government of France to take appropriate action against the city of St. Denis, when we haven't even done the same against cities right here in the United States, and because this case is pending in the Third Circuit, we should reject this resolution.
Mr. Speaker, I include for the Record a letter provided by the French Embassy from the city of St. Denis from their mayor.
November 7, 2006.
Martin Bozmarov,
Attorney,
Issy-Les-Moulineaux,
Dear Mr. Bozmarov: On behalf of the Philadelphia City
Council, you informed me that a delegation from that council,
headed by its chairman, will be coming to Saint-Denis to ask
the City of Saint-Denis to reconsider naming one of our
streets ``Mumia Abu-Jamal.'' You also informed me that the
delegation would like to address the Saint-Denis City Council
meeting of November 30.
This request calls for an explanation of the reasons
underlying the city's decision to name one of its streets
after Mumia Abu-Jamal.
As you know, Mumia Abu-Jamal has proclaimed his innocence
for nearly a quarter century. He has always denied firing the
shots that resulted in the death of police officer Daniel
Faulkner on December 9, 1981. His defenders, as well as the
movements and associations that have rallied on his behalf,
have accumulated a considerable number of elements that
justify his request for a new trial.
These have largely highlighted the unfair nature of the
investigation: the lack of ballistics tests, the failure to
take fingerprints, the failure to secure the area and perform
other tests. It seems that important witnesses were bribed,
excluded or intimidated. Several police reports were
contradictory. And the American press itself asserted that
Judge Sabo had exerted pressure in demanding the death
penalty against Mr. Abu-Jamal on July 3, 1982.
Even more troubling, a man who acknowledged he was Mr.
Faulkner's killer never testified in court, on the pretext
that his confession did not come within the deadline for the
proceedings.
All of these aspects largely justify the doubts that exist
with respect to Mr. Abu-Jamal's guilt and the growing
movement supporting him, to which we wanted to contribute.
Our action also expresses our total opposition to the death
penalty, which threatens Mr. Abu-Jamal each day. For even
now, despite all the international agreements on human
rights, the death penalty continues to be handed down in a
majority of American states.
Several dozen American prisoners are on death row. There
are more than 60 in Texas alone. Executions are still taking
place, and it takes the courageous mobilization of a part of
U.S. public opinion to rescue certain convicts from this
barbarous practice.
It is in this context that Mumia Abu-Jamal has become one
of the emblematic figures in the fight for justice and for
the abolition of the death penalty in the United States and
throughout the world. And it is precisely this fight that we
wanted to support in naming one of our city streets after
him.
In this movement, the town of Saint-Denis is not alone. You
are aware that committees supporting this prisoner from
Philadelphia have been formed in many communities of France
and other European countries. You also know that Mumia Abu-
Jamal has been made an honorary citizen of Paris, that French
parliamentarians have visited him regularly in prison, and
that each year, concerts, demonstrations, marches and
assemblies are organized in his support.
In fact, this is not the first time that international
public opinion has rallied in support of American citizens
who appear to be unjustly accused in their own country. That
was the case for Nicola Sacco and Bartolomeo Vanzetti between
1920 and 1927, for Julius and Ethel Rosenberg, who were
executed by electric chair in 1953, and in 1973 for Angela
Davis, who was initially convicted of murder before being
fully acquitted.
In these circumstances, we are happy that the inauguration
of a Rue Mumia Abu-Jamal in Saint-Denis lends additional
support to this fight. We are proud of this act and have no
intention of reversing it.
As for the City Council session of November 30, I would
like to remind you that it is public and therefore open to
anyone who would like to attend. However, only members of the
City Council are authorized to take the floor.
Finally, I would like to mention that quite recently,
during a mission to the United States in the course of which
he met with Mumia Abu-Jamal, our deputy Patrick Braouezec was
not received by the mayor of Philadelphia, even though he had
an appointment.
Sincerely,
Didier Paillard.