WASHINGTON: The US Supreme Court on Friday reinstated convicted Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence for his role in the 2013 attack that killed three people and wounded more than 260 others, ruling in favor of the federal government.
In a 6-3 decision, the justices sided with the Justice Department’s challenge to a 2020 federal appeals court ruling that had upheld Tsarnaev’s conviction but overturned his death sentence.
The Supreme Court faulted the Boston-based 1st US Circuit Court of Appeals on its findings both that Tsarnaev’s right to a fair trial under the US Constitution’s Sixth Amendment was violated and that the trial judge wrongly excluded certain evidence about a separate crime.
“Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one,” conservative Justice Clarence Thomas wrote for the court.
The court’s six conservative justices were in the majority, with its three liberals dissenting.
President Joe Biden as a candidate promised to work to pass legislation in Congress to eliminate the death penalty at the federal level and set incentives for states to do as well, instead endorsing life sentences without probation or parole. But his administration last year opted to proceed with an appeal initially launched by the Justice Department under his predecessor Donald Trump to defend Tsarnaev’s death sentence.
In a dissenting opinion, liberal Justice Stephen Breyer agreed with 1st Circuit that evidence about the separate crime, a 2011 triple murder in Waltham, Massachusetts linked to Tsarnaev’s older brother Tamerlan, was improperly excluded.
Lawyers for Tsarnaev, who is 28 now and was 19 at the time of the attack, have argued that Tsarnaev played a secondary role in the marathon bombing to his brother, who they called “an authority figure” with “violent Islamic extremist beliefs.” As such, the evidence about another crime Tamerlan allegedly committed would be relevant, they argued.
“This evidence may have led some jurors to conclude that Tamerlan’s influence was so pervasive that Dzhokhar did not deserve to die for any of the actions he took in connection with the bombings, even those taken outside of Tamerlan’s presence,” Breyer wrote.
“And it would have taken only one juror’s change of mind to have produced a sentence other than death, even if a severe one,” added Breyer, who in the past has questioned the constitutionality of the death penalty.
The primary source of the evidence about the other murders, a man named Ibragim Todashev, was killed by an FBI agent in 2013 when he attacked officers during an interview.
The Supreme Court also found that US District Judge George O’Toole, who presided over the trial, did not violate Tsarnaev’s right to a trial in front of an impartial jury by failing to properly screen jurors for potential bias following pervasive news coverage of the bombings.
CONVICTED ON ALL COUNTS
The Tsarnaev brothers detonated two homemade pressure-cooker bombs at the marathon’s finish line on April 15, 2013, and days later killed a police officer. Tamerlan Tsarnaev died after the gunfight with police.
Jurors convicted Dzhokhar Tsarnaev in 2015 on all 30 counts he faced and determined he deserved execution for a bomb he planted that killed Martin Richard, 8, and Chinese exchange student Lingzi Lu, 23. Restaurant manager Krystle Campbell, 29, was killed by the second bomb.
Marc Fucarile, who lost his right leg in the second blast, said the Supreme Court “did the right thing” and that the three justices who dissented “should be ashamed.” But Fucarile said he has no confidence that the death sentence would ultimately be carried out, especially under the Biden administration.
“He got what he deserves,” said Fucarile, 43. “I think we need to send a message, you can’t just kill innocent people and set off bombs in crowds of people.”
No federal inmates were executed for 17 years before Trump oversaw 13 executions in the last six months of his term. Biden’s attorney general, Merrick Garland, last July imposed a moratorium on federal executions while the Justice Department reviews the death penalty.
White House Press Secretary Jen Psaki said in March 2021 that Biden continues to have “grave concerns about whether capital punishment, as currently implemented, is consistent with the values that are fundamental to our sense of justice and fairness.”
US Supreme Court reinstates Boston Marathon bomber’s death sentence
https://arab.news/jxv9f
US Supreme Court reinstates Boston Marathon bomber’s death sentence
- The court's six conservative justices were in the majority, with its three liberals dissenting
- Lawyers for Tsarnaev have argued that he played a secondary role in the marathon bombing to his brother
US House Republicans seek to kill EV tax credit, loan program
- The US Treasury in 2024 awarded more than $2 billion in point-of-sale rebates for EVs
WASHINGTON: Republicans in the US House of Representatives on Monday proposed killing the electric vehicle tax credit and repealing fuel efficiency rules designed to prod automakers into building more zero-emission vehicles as part of a broad-based tax reform bill.
The proposal, which is set for a House Ways and Means Committee hearing on Tuesday, would repeal a $7,500 new-vehicle tax credit and a $4,000 used-vehicle credit on Dec. 31, although it would maintain the new-vehicle credit for an additional year for automakers that have not yet sold 200,000 EVs.
The president of the Electric Drive Transportation Association, Genevieve Cullen, criticized the proposal, saying that plans “to abandon US leadership in energy innovation by gutting federal investment in electrification are catastrophically short-sighted.”
The proposal, she said, would deliver “an enormous market advantage” to competitors like China and threaten US manufacturing and jobs.
The US Treasury in 2024 awarded more than $2 billion in point-of-sale rebates for EVs.
The proposal leaves in place a key battery production tax credit for automakers and battery makers, but a new provision would bar the credit for vehicles produced with components made by some Chinese companies or under a license agreement with Chinese firms.
The provision, which would take effect in 2027, could bar credits for cars powered by Chinese battery technology licensed by American companies such as Ford Motor or Tesla .
House Republicans also propose to kill a loan program that supports the manufacture of certain advanced technology vehicles. It would rescind any unobligated funding and rescind corporate average fuel economy standards and greenhouse gas emission rules for 2027 and beyond. That portion will be taken up by the Energy and Commerce Committee.
Among outstanding loans finalized in President Joe Biden’s last weeks in office are $9.63 billion to a joint venture of Ford Motor and South Korean battery maker SK On for construction of three battery manufacturing plants in Tennessee and Kentucky; $7.54 billion to a joint venture of Chrysler-parent Stellantis and Samsung SDI for two EV lithium-ion battery plants in Indiana; and $6.57 billion to Rivian for a plant in Georgia to begin building smaller, less expensive EVs in 2028.
US military replaces B-2 bombers that were sent amid Middle East tensions
- Experts say that this had put the B-2s in a position to operate in the Middle East
WASHINGTON: The US military is replacing its B-2 bombers with another type of bomber at a base in the Indo-Pacific that was seen as being in an ideal location to operate in the Middle East, US officials told Reuters on Monday. The Pentagon deployed as many as six B-2 bombers in March to a US-British military base on the Indian Ocean island of Diego Garcia, amid a US bombing campaign in Yemen and mounting tensions with Iran.
Experts say that this had put the B-2s, which have stealth technology and are equipped to carry the heaviest US bombs and nuclear weapons, in a position to operate in the Middle East.
The officials, speaking on the condition of anonymity, said the B-2 bombers were being replaced by B-52 bombers.
The Pentagon said it did not comment on force posture adjustments as a matter of policy.
Fresh talks between Iranian and US negotiators to resolve disputes over Tehran’s nuclear program ended in Oman on Sunday, with further negotiations planned. The fourth round of talks took place ahead of President Donald Trump’s planned visit to the Middle East. Trump, who has threatened military action against Iran if diplomacy fails, has restored a “maximum pressure” campaign on Tehran since returning to the White House in January.
Tehran is willing to negotiate some curbs on its nuclear work in return for the lifting of sanctions, according to Iranian officials, but ending its enrichment program or surrendering its enriched uranium stockpile are among what the officials have called “Iran’s red lines that could not be compromised” in the talks. Additionally, Trump announced last week that a deal had been reached to stop bombing Yemen’s Houthi group. The B-2 bombers had been used to carry out strikes against the Iran-backed group.
UN chief warns of ‘painful’ reforms, including staff cuts
- The proposed restructuring within the Secretariat includes merging units from the Department of Political and Peacebuilding Affairs (DPPA) with the Department of Peace Operations (DPO)
UNITED NATIONS, United States: United Nations chief Antonio Guterres on Monday said reforming the global body will require “painful” changes, including staff reductions, to improve efficiency and deal with chronic budget constraints exacerbated by Trump administration policies.
In March, the secretary-general launched the UN80 initiative to streamline operations.
“Our shared goal has always been to make our organization more efficient, to simplify procedures, eliminate overlaps, and enhance transparency and accountability,” Guterres said Monday during an update to member states.
“The liquidity crisis we now face is not new. But today’s financial and political situation adds even greater urgency to our efforts.”
He warned “we know that some of these changes will be painful for our UN family.”
The proposed restructuring within the Secretariat includes merging units from the Department of Political and Peacebuilding Affairs (DPPA) with the Department of Peace Operations (DPO).
“I believe we’ll be able to eliminate 20 percent of the posts of the two departments,” he said, adding that the level of reduction outlined for DPPA and DPO “must be seen as a reference for the wider UN80 exercise.”
Guterres also raised the possibility of relocating positions from New York and Geneva to less expensive cities.
Member states will have to decide on their own changes.
The internal workload has also stretched the capacity of the UN system “beyond reason,” Guterres said.
“It is as if we have allowed the formalism and quantity of reports and meetings to become ends in themselves. The measure of success is not the volume of reports we generate or the number of meetings we convene,” he said.
Guterres called on member states to make tough decisions.
“Many of you have agreed that this must be the moment to be bold and ambitious. That is what our Organization needs — and that is what our times demand,” he said.
“Make no mistake — uncomfortable and difficult decisions lie ahead. It may be easier — and even tempting — to ignore them or kick the can down the road. But that road is a dead end.”
In a memo seen recently by AFP, an internal working group in charge of the UN80 initiative suggested some major reforms, including merging UN agencies.
Guterres did not directly address those changes but indicated that “clusters” working on similar issues would propose reforms, and potentially some structural changes.
Trump administration welcomes 59 white South Africans as refugees
- South Africa’s government says the US allegations that the white minority Afrikaners are being persecuted are “completely false,” the result of misinformation and an inaccurate view of the country
DULLES, Virginia: The Trump administration on Monday welcomed a group of 59 white South Africans as refugees, saying they face discrimination and violence at home, which the country’s government strongly denies.
The decision to admit the Afrikaners also has raised questions from refugee advocates about why they were admitted when the Trump administration has suspended efforts to resettle people fleeing war and persecution who have gone through years of vetting.
Many in the group from South Africa — including toddlers and other small children, even one walking barefoot in pajamas — held small American flags as two officials welcomed them to the United States in an airport hangar outside Washington. The South Africans were then leaving on other flights to various US destinations.
A group of 49 Afrikaners had been expected, but the State Department said Monday that 59 had arrived.
“I want you all to know that you are really welcome here and that we respect what you have had to deal with these last few years,” Deputy Secretary of State Christopher Landau said.
President Donald Trump told reporters earlier Monday that he’s admitting them as refugees because of the “genocide that’s taking place.” He said that in post-apartheid South Africa, white farmers are “being killed” and he plans to address the issue with South African leadership next week.
That characterization has been strongly disputed by South Africa’s government, experts and even the Afrikaner group AfriForum, which says farm attacks are not being taken seriously by the government.
South Africa’s government says the US allegations that the white minority Afrikaners are being persecuted are “completely false,” the result of misinformation and an inaccurate view of the country. It cited the fact that Afrikaners are among the richest and most successful people in the country.
The view from South Africa
Speaking at a business conference in Ivory Coast, South African President Cyril Ramaphosa said Monday that he spoke with Trump recently and told him his administration had been fed false information by groups who were casting white people as victims because of efforts to right the historical wrongs of colonialism and South Africa’s previous apartheid system of forced racial segregation, which oppressed the Black majority.
“I had a conversation with President Trump on the phone and he asked me, ‘What’s going on down there?’ and I told him that what you are being told by those people who are opposed to transformation back in South Africa is not true,” Ramaphosa said.
Afrikaners make up South Africa’s largest white group and were the leaders of the apartheid government, which brutally enforced racial segregation for nearly 50 years before ending it in 1994. While South Africa has been largely successful in reconciling its many races, tensions between some Black political parties and some Afrikaner groups have remained.
The Trump administration has falsely claimed white South Africans are having their land taken away by the government under a new expropriation law that promotes “racially discriminatory property confiscation.” No land has been expropriated.
Trump has promoted the allegation that white farmers in South Africa are being killed on a large scale as far back as 2018 during his first term.
Conservative commentators have promoted the allegation about a genocide against white farmers, and South African-born Trump ally Elon Musk has posted on social media that some politicians in the country are “actively promoting white genocide.”
South Africa has extremely high levels of violent crime, and white farmers have been killed in rural Afrikaner communities. It has been a problem for decades. The government condemns those killings but says they are part of the country’s problems with crime.
“There is no data at all that backs that there is persecution of white South Africans or white Afrikaners in particular who are farmers,” South African Foreign Minister Ronald Lamola said Monday. “White farmers get affected by crime just like any other South Africans who do get affected by crime. So this is not factual, it is without basis.”
Trump administration says white South Africans have been targeted
Landau said many of those who arrived Monday experienced “threatening invasions of their homes, their farms and a real lack of interest or success of the government in doing anything about this situation.”
They all had met stringent vetting standards, including the ability to assimilate into American culture, Landau said. Critics of the refugee program suggest that refugees aren’t properly vetted, though supporters say they go through some of the strictest vetting of anyone seeking to come to America.
Trump indefinitely suspended the refugee resettlement program — which historically had widespread bipartisan support — on his first day in office. A month later, he announced a plan to resettle white South African farmers and their families as refugees.
Supporters of the refugee program question how the administration can justify admitting this small group while keeping out others from conflict zones around the world.
Sen. Jeanne Shaheen, a New Hampshire Democrat, called it an effort to “rewrite history.”
“The Administration must clarify why these individuals qualify for refugee status and resettlement in the US and why they have been prioritized over refugees like Afghans, Burmese Rohingya and Sudanese who have fled their homes due to conflict and persecution,” she said in a statement Monday.
Who can come from South Africa under Trump’s order
According to the US Embassy in South Africa, applicants have to be South African citizens who are of Afrikaner ethnicity or a member of a racial minority, and they have to be able to show a history of or a fear of persecution.
Afrikaners, who are the descendants of mainly Dutch and French colonial settlers, number around 2.7 million among South Africa’s population of 62 million, which is more than 80 percent Black.
The US refugee program was created by Congress in 1980, and groups have sued to restart it after Trump’s halt.
Traditionally, to qualify as a refugee, applicants must demonstrate a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Refugees are distinct from asylum-seekers because refugees must be outside of the US to qualify.
A network of resettlement agencies generally helps refugees settle in their new homes, and they get 90 days of federal assistance for things like rent. The Episcopal Church’s migration service, however, is refusing a directive from the federal government to help resettle the white South Africans, citing the church’s longstanding “commitment to racial justice and reconciliation.”
Five European defense ministers to meet in Rome on Friday
- Defense ministers to discuss support for Ukraine
- They will also discuss ways to strengthen European defense
ROME: Defense ministers from five major European military powers will meet in Italy on Friday to discuss support for Ukraine, the host country said.
Italian Defense Minister Guido Crosetto will host his counterparts from Britain, France, Germany and Poland, his ministry said Monday in a statement.
The announcement came after Ukrainian leader Volodymyr Zelensky said he was ready for direct talks with his Russian counterpart Vladimir Putin in Istanbul on Thursday.
US President Donald Trump said Monday he was “thinking” about flying to Turkiye for the talks but Russia did not indicate whether Putin would take part.
Aside from Ukraine, the European ministers will also discuss ways to strengthen European defense — a priority for them following Russia’s invasion of Ukraine in 2022.
The five will hold a joint press conference at the end of their meeting at 1245 GMT on Friday, the Italian statement said.
Kyiv and its European allies called on Saturday for a 30-day ceasefire starting Monday — calling it a prerequisite for direct peace talks between the two countries.
Moscow rejected their call on Monday, despite threats of “massive sanctions” in case of refusal.
Kremlin spokesman Dmitry Peskov said during his daily briefing that “the language of ultimatums is unacceptable to Russia.”
He later said that Moscow wanted “serious” negotiations to achieve peace in the conflict, which has left tens of thousands of people dead.
