1
irsday • April 30, 1998
ipreme Court divided over delayed executions
Nation
ASHINGTON (AP) — Citing a
erfuland legitimate interest in
ihingthe guilty,” the Supreme
[signaled growing frustration
lesday over delays in executing
ation’s more than 3,000 death
amates.
lough the court was deeply di-
' the five-justice majority
emly in criticizing the post-
ment of a California murder-
secution last year,
lejustices ruled that the San
cisco-based 9th U.S. Circuit
t of Appeals was guilty of a
'e abuse of discretion” when it
Thomas Thompson’s life two
victed murderer
days before he was to die.
Justice David
H. Souter, writing
for the four dis
senters, said the
court was solving
a “problem that
does not exist.”
The appeals
court blocked
Thompson’s ex
ecution by re
calling, or
pulling back, its
previous rejec-
tion of one in a
long line of appeals by the con- ceedingly rare,
“ [The court had cheated]
the state and the victims
of crime alike.”
Supreme Court Justice
Anthony M. Kennedy
and rapist.
Writing for
the highest
court Wednes
day, Justice
Anthony M.
Kennedy said
the court had
cheated “the
state and the
victims of
crime alike.”
What the
appeals court
B did in Thomp
son’s case is ex-
and Wednesday’s
decision therefore will not directly
affect many death-penalty cases.
Kennedy’s 26-page opinion
was seemingly intended to put
lower federal courts on notice
that unnecessary delays will not
be tolerated.
Congress sought to speed up
the rate of executions when in
1996 it passed the Antiterrorism
and Effective Death Penalty Act.
But Kennedy said the 9th Cir
cuit court’s conduct in Thomp
son’s case was not covered by the
law because it had not been
sparked by a new appeal from
the inmate.
Ibright in China sets tone for Clinton's visit
BEIJING (AP) — Secretary of
te Madeleine Albright glossed
Tdifferences on human rights,
and technology exports
dnesday to emphasize a “strate-
partnership” with China and set
load for President Clinton’s up-
ning summit.
In more than five hours of pri-
enegotiations, however, Albright
ensivelydebated U.S. concerns
hsenior Chinese officials.
She will take her concerns to
sident Jiang Zemin and Premier
tiRonji on Thursday. They are
ekind of issues that take place
[ween two countries that have a
at deal in common,” Albright
atajoint news conference with
Foreign Minister Tang Jiaxuan.
Having released a string of not
ed dissidents, China still holds
some 2,000 political prisoners, by
U.S. estimate, and the Clinton ad
ministration is shifting its strategy
to push for wholesale releases, a se
nior U.S. official said after Albright’s
three-hour meeting with Tang and
a two-hour dinner conversation
with Vice Premier Qian Qichen.
Albright found the Chinese
sharing U.S. determination to
keep the Korean peninsula free of
nuclear weapons, eager to main
tain peace in the oil-rich Persian
Gulf and not challenging the huge
U.S. military presence in the Pa
cific, said a U.S. official, speaking
on condition of anonymity.
This growing common ground
dominated the
first day of a
two-day visit by
Albright, which
is keyed to
preparing for
Clinton’s state
visit in June.
Her stress
on common
interests res
onated with a
government
whose restric
tions on expression are begin
ning to ease nine years after the
brutal crackdown of a pro-
Albright
democracy movement.
“We shall achieve the objective
of building a country and also de
velop the country according to
law,” Tang replied.
Both the Chinese official and
Albright referred to a “strategic
partnership” between their coun
tries, thereby giving their growing
closeness far greater emphasis
than their differences.
There are some, Albright said,
referring to U.S. complaints
about China’s record on human
rights, its export of technology
that could help countries like
Pakistan and Iran develop potent
weapons and Chinese barriers to
U.S. exports.
lives
itw
MSi
WASHINGTON (AP) — As a
idjury in Arkansas watched first
Hillary
ham Clin-
videotaped
mony
Inesday, hei
fer con-
led she had
sed to an-
two ques-
$ in the
itewater in-
linton uses marital privilage to avoid questions
Clinton
on
mdsof marital privilege,
uestions in Saturday’s five-
iWhiteHouse session that Clin-
dedined to respond to dealt
“conversations that plainly fell
lerthe long-standing common
privilege for marital communi
cations,” attorney David Kendall
said in a statement.
After the grand jury gathered at
the federal courthouse in Little
Rock, Ark., Whitewater prosecutor
Kenneth Starr spent about 45 min
utes in the area of the building
where the grand jury meets.
Deputy Whitewater prosecutor
W. Hickman Ewing Jr., who con
ducted most of the questioning of
Clinton, declined to comment as he
entered the building carrying two
briefcases.
Clinton’s invoking the marital
privilege is the latest instance of
Whitewater prosecutors being un
able to get answers to questions in
the investigation.
Starr will speak on the issue of
executive privilege in a speech Fri
day to a convention of the Associa
tion of Defense Trial Attorneys in
San Antonio.
Clinton has invoked executive
privilege to protect the confiden
tiality of some conversations with
top aides in the investigation in
volving former White House intern
Monica Lewinsky.
The Justice and Treasury depart
ments argue that Starr can be
barred from questioning Secret Ser
vice officers about President Clin
ton’s relationship with Lewinsky.
The Whitewater probe “is a great
investigation for the law of evi
dence,” said New York University
law professor Stephen Cillers.
“We’ve got executive privilege, at
torney-client privilege, spousal
privilege, a brand-new Secret Ser-
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ire
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vice persons’ privilege, and all that’s
left” that hasn’t been invoked “are
clergyman’s privilege, physician-
patient privilege and the privilege
against self-incrimination.”
Gillers said that if Clinton had
answered the questions, that would
have risked loss of the marital priv
ilege covering all other conversa
tions with her husband.
Regarding conversations be
tween Clinton and her husband,
Starr was pressing into an area
where he should have expected to be
rebuffed, said Bruce Yannett, a
white-collar criminal defense
lawyer.
“I don’t think anyone should be
particularly surprised or offended”
by invoking the privilege, said Yan
nett, a former federal prosecutor .
t a u
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