Saturday, January 28, 2006

Kerry's speech on Alito

Last night on CSPAN (yes, I've taken to watching CSPAN), I watched most of John Kerry's speech on why he's filibustering Alito; the speech was well-delivered and information-rich, and the full text is available online. Here's an excerpt:
"In 1984, for example, Judge Alito wrote a Justice Department memorandum concluding that the use of deadly force against a fleeing unarmed suspect did not violate the fourth amendment. The victim was a 15-year-old African American. He was 5 foot 4. He weighed 100 to 110 pounds. This unarmed eighth grader was attempting to jump a fence with a stolen purse containing $10 when he was shot in the back of the head in order to prevent escape. The Sixth Circuit Court of Appeals found the shooting unconstitutional because deadly force can only be used when there is 'probable cause that the suspect poses a threat to the safety of the officers or a danger to the community if left at large.' That is what we teach law enforcement officials.

"But Judge Alito disagreed. Judge Alito said: No, he believed the shooting was reasonable because 'the State is justified in using whatever force is necessary to enforce its laws'--even deadly force. That is his conclusion. That is the standard that is going to go to the Supreme Court if ratified. It is OK to shoot a 15-year-old, 110 pounds, a 5-foot-4-inch kid who is trying to get over a fence with a purse, shoot him in the back of the head.

...

"Perhaps Professor Liu of the Berkeley Law School put it best when he wrote this. He said:

'Judge Alito's record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse; where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance; where the FBI may install a camera where you sleep on the promise that they won't turn it on unless an informant is in the room; where a black man may be sentenced to death by an all-white jury for killing a white man, absent a multiple regression analysis showing discrimination; and where police may search what a warrant permits, and then some. This is not the America we know. Nor is it the America we aspire to be.'"

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