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Protest at SCOTUS

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The anti-death-penalty crowd is planning a protest at the Supreme Court building regarding the Foster execution at 4:30 pm EDT today. Karl at Capital Defense Weekly is "expecting civil disobedience and potentially arrests at the action." This post also quotes in full the announcement for the event.

That announcement notes that Foster was not the triggerman and claims that he is innocent of the murder, a non sequitur. The inconvenient fact, conveniently omitted, is that Foster was a major and willing participant in a spree of gun robberies, in which the death of a robbery victim was an entirely foreseeable consequence. The Fifth Circuit opinion is here.

I doubt any Justices will see the protest. They take off for places such as Austria and Colorado this time of year. If you've been in D.C. in August, you know why.

Update: A live report from a reader of this blog:

I am at the anti-death-penalty protest that your website advertised. There are all of 16 protesters here in front of the court, along with one bullhorn -- and 4 TV cameras. None of the pedestrian traffic is stopping to pay attention -- everyone is just looking down and hurrying away. Just the usual daily DC gathering of lunatics. They have just started singing "we shall not be moved" -- as amplified by the bullhorn. So I am leaving now too.

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The inconvenient fact, i.e., Foster's participation in the robbery, points up an issue with deterrence. Texas' so-called law of the parties incentivizes partners in crime to rein each other. Perhaps, if Texas executes Foster, word will get down to the street level that you can be executed even if you aren't the triggerman. And maybe that will prevent some future murders. Let's hope so.

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