Executions and the call from the Governor..who would call for McVeigh?

[BiblioCat]

Okay, maybe I’ve seen too many movies, but you know how there is (supposedly) a phone in the execution chamber, so the Governor can call at the last minute and stop an execution?
Is there one for a federal prisoner?
Who would make that call in McVeigh’s case? The President?
I assume Oklahoma’s Governor wouldn’t have any jurisdiction over it, since he is a federal prisoner, right?
(not that I hope anyone calls of course, just wondering…)

[BobT]

The President does have the authority to pardon prisoners convicted of Federal crimes. Or has everyone forgotten about Marc Rich?

I would assume that the President has the authority to commute sentences.

I wouldn’t expect any last minute calls given Bush’s track record in Texas.

[zev_steinhardt]

Correct. The President has the authority to stop the execution… which he isn’t likely to do.

Zev Steinhardt

[BiblioCat]

But is that last-minute phone call to pardon a prisoner or is it to commute the death sentence? Or could it be either one?
Does anyone else besides Bush have the authority to call and stop the execution?

[BiblioCat]

Thanks, by the way.
Both BobT and zev.

[zev_steinhardt]

Darn! BobT beat me again!!

Zev Steinhardt

[zev_steinhardt]

*Originally posted by Kinsey *
**But is that last-minute phone call to pardon a prisoner or is it to commute the death sentence? Or could it be either one?
Does anyone else besides Bush have the authority to call and stop the execution? **

The president could do either could be either.

To my knowledge, he is the only person who can do this. The AG had discretion not to fight McVeigh’s appeal, but once ordered by the court, I believe he no longer can delay/stop the execution. (N.B. IANAL).

Zev Steinhardt

[bibliophage]

I don’t expect a stay of execution to be ordered in this case, but as far as I know, any federal court with jurisdiction has the power to do so under the right circumstances:

1. U.S. District Judge Richard Matsch
2. The U.S. Court of Appeals for the Tenth Circuit
3. Supreme Court Justice Stephen Breyer, acting in his capacity as the Circuit Justice of the Tenth Circuit
4. The Supreme Court as a whole

The first two have already indicated their unwillingness to let it drag on, and McVeigh has indicated his unwillingness to take it any higher.

[pkbites]

*Originally posted by Kinsey *
**I assume Oklahoma’s Governor wouldn’t have any jurisdiction over it, since he is a federal prisoner, right?
**

Probably not, especially seeing Tim is in Indiana.

[hermn8r]

The Attorney General of the US could stay the execution. In fact, he has done this once already. He unilaterally delayed the execution until the documents that were mishandled by the FBI could be reviewed.

I do not think the courts could act on their own. They must be ‘asked’ by motion by one party.

The telephone line in the execution chamber is a direct line to “an office in the Justice Department.” This is from this MSNBC website story:

   At 5 a.m. on Monday, he will no longer be allowed contact with his attorneys — or even his family, who have already said their goodbyes and won’t be present when he dies. Everyone but essential prison personnel and witnesses will be barred from what the bureau refers to as the “Execution Facility.” An open phone line will be established with a Justice Department office in Washington, just in case a last-minute stay is granted.

From here: http://www.msnbc.com/news/584658.asp?0cb=-41a1737

[Northern_Piper]

I believe that only the Prez could pardon him. The presidential power is set out in Article II, § 2 of the U.S. Constitution:

Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Just like there’s only one commander-in-chief, I assume that he’s the only one who can permanently pardon someone, as opposed to a stay of the execution.

[BiblioCat]

*Originally posted by pkbites *
**Probably not, especially seeing Tim is in Indiana. **

Well, I know, but I figured OK’s governor would have more say then IN’s, since the crime took place in Oklahoma. I just wondered if anyone other than the Prez could somehow stop it.
Thanks for all your answers.