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During a recent campaign event in Phoenix, Arizona, Donald Trump mused about capital punishment. Weve never had [such] massive amounts of drugs pouring into our country, he said. And by the way, youll never solve the problem without the death penalty. Trump also said he had made a deal with Xi Jinping prior to the end of his term that would have seen China executing anyone found to be manufacturing fentanyl for sale in America, though the only verifiable fact related to this claim is that China cracked down on fentanyl sales to America under pressure from the Trump administration.
He then riffed on the same theme at a rally in Las Vegas, where he again announced that the United States would have no drug problem if this country, like China, captured, tried, and executed drug dealers all within a very short span of time. Trump declared that Xi told him that these almost instantaneous capital proceedings are known in his country as quick trials, and that theyve essentially resolved Chinas struggle against illegal narcotics. (According to fact-checkers at Politifact, Trumps description of Chinas liberal use of capital punishment is essentially correct, but evidence refutes his assessment that the method is as effective as he claims, or would be effective here.)
Trumps strange pontification on sharks and batteries attracts more attention than his criminal-justice designs, but these more substantive policy ideas are at least as disturbing. Theres something satisfying in the presumption that one simple fix could erase all American addiction. But its nonsense, and destroying the death-penalty appeals process would be both naive and intentionally cruel. Trump may be dreaming aloud when he offers up the possibility of sudden death for drug-related crimes, but enacting such a policy would significantly degrade American law and justice.
Trumps fixation is odd, in part because capital punishment has never eliminated any category of crime. Use of the death penalty in a particular jurisdiction does not even deter crime: Decades of research have consistently found that murder rates are lower in states that do not execute criminals. But for Trump, its the punishment frequently offered up in place of a credible plan to actually treat opioid addiction and other forms of drug abuse. He suggested its use in a 2023 Fox News interview, saying, I dont know that this country is ready for it. I just dont know, reflecting on how shocking it would be to introduce capital punishment for selling drugs. Its not easy to say the death penalty. (Drug trafficking is already a capital offense federally and in two states, a fact Trump appears to be unaware of.)
Trump is right that the death-penalty process is not quick, and the long period of time between a death-row prisoners sentencing and execution has expanded dramatically in the past several decades. Prisoners who once could have expected to spend only a few years awaiting death can now expect about 20, though some have waited nearly 40 years. The length of the capital-punishment processmainly the appeals that ensue after a capital sentence is handed downaccounts for most of this delay, though several other factors (including the length of capital trials) contribute. But the long timeline of the capital-appeals process is commensurate with the enormity of the punishment. Executions cannot be reversed. If supporters of capital punishment, frustrated with the length of prisoners appeals, want something approaching a fair and just death penalty, then careful, meticulous review of each sentence is a prerequisite.
Ronald Brownstein: Trumps stop-and-frisk agenda
Lets pause briefly for a primer on capital appeals. People sentenced to death in a given state may make a direct appeal (either automatically or at their discretion) up to their jurisdictions court of last resort, usually the states supreme court. Only issues related to the criminal trial and its accompanying death sentence can be litigated in this venue. Judges may reverse the death sentence and the conviction, just the sentence, or neither at all. Prisoners may then appeal the decision to the United States Supreme Court. During this stage of the appeals process, prisoners have the opportunity to litigate matters in state court that could be adjudicated only posttrialineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence, for example. The resulting decisions can then also be appealed to the Supreme Court. If the Court rules against the defendant at this stage, then their state appeals are exhausted, and they may file a habeas corpus petition in federal court, seeking review of federal issues introduced in the state appeals process. Prisoners may again appeal lower courts rulings all the way to the Supreme Court, though the justices rarely agree to hear such cases.
In order to be fair, Supreme Court Justice Harry Blackmun explained in a 1994 dissent, a capital sentencing scheme must treat each person convicted of a capital offense with that degree of respect due the uniqueness of the individual That means affording the sentencer the power and discretion to grant mercy in a particular case, and providing avenues for the consideration of any and all relevant mitigating evidence that would justify a sentence less than death. Reasonable consistency, on the other hand, requires that the death penalty be inflicted evenhandedly, in accordance with reason and objective standards, rather than by whim, caprice, or prejudice. In other words, there is no way to justly administer the death penalty without thorough review.
Ample opportunity for appeals also helps prevent the killing of innocents. Since 1973, 197 people have been exonerated and released from death row. Many others have been exonerated posthumously. The Equal Justice Initiatives founder, Bryan Stevenson, told me over email last week that the error rate in capital cases is extremely high The appeals process doesnt ensure no one innocent will be executed but its clear that without it we would have certainly executed scores of innocent people.
Even if Trump wins in the fall, hes unlikely to persuade enough lawmakers to enact his quick trial plan. But it isnt impossible. Laws governing the use of capital punishment in America have changed dramatically over time. If Trump succeeds, every flaw in the American death-penalty regime will be intensified and expanded. Of course, the simplest way to curtail appeals, save innocent lives, and eliminate the gap between sentencing and punishment is to do away with capital punishment altogether.
*Lead-image sources: James Devaney / GC Images / Getty; Tingshu Wang / Getty; georgeclerk / Getty; Bettmann / Getty.
Chancellor Rachel Reeves has dodged calls from her predecessor Anneliese Dodds for a wealth tax to be considered ahead of this autumn’s budget.
When Sir Keir Starmer became Labour leader in 2020, Ms Dodds was his first pick for shadow chancellor. However, she did not last long and was replaced by Ms Reeves, who then got the government job after last year’s election win.
She said: “I would hope the Treasury is considering that kind of evidence, as well as other changes that have been put forward.”
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‘Rachel Reeves would hate what you just said’
Asked today if about Ms Dodds’ intervention, Ms Reeves said: “Decisions around tax are decisions that are made at a budget and we’ll make those decisions in the appropriate way, but the number-one priority of this government is to grow the economy.
“And that means bringing more investment into Britain, creating more good jobs paying decent wages here in Britain.
Listen here to hear Ms Dodds’ full comments:
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“We’ve got to get the balance right on taxation because we want that investment, we want those jobs to come here.
“That’s why we’re reforming the planning system, secured three trade deals in the first year of this Labour government, cutting back on unnecessary regulation, and reforming our pension system to unlock money for businesses to be able to invest here in the UK.”
The government’s financial position is stretched ahead of the next budget, due at the end of autumn.
Ms Reeves has committed herself to not changing her fiscal rules, leaving little wiggle room to avoid tax rises or spending cuts.
This is due to the government’s inability to save money through policies like welfare reform, which were gutted due to a rebellion of backbench Labour MPs.
Last week, Business Secretary Jonathan Reynolds branded the suggestion of a wealth tax “daft” – but he has less influence over the writing of the budget than the chancellor.
Meanwhile, reports from the Daily Telegraph suggested that Deputy Prime Minister Angela Rayner backed increasing taxes, including reinstating the pensions lifetime allowance and a higher corporation tax level for banks.
Two Cambodian soldiers have been returned by Thailand ahead of a key meeting aimed at maintaining a ceasefire between the countries.
In Bangkok, Thai government spokesperson Jirayu Houngsub said on Friday that two Cambodian soldiers had been sent back, and the remaining 18 were being processed for violating immigration law.
“The Cambodian soldiers intruded on Thai territory and the army took them into custody, treating them based on humanitarian principles,” he said.
In a statement, the Cambodian defence ministry asked Thailandto return all the detained soldiers.
“Cambodiais actively engaging in negotiations to secure their release, and reiterates its firm call for their immediate and unconditional release in accordance with the international humanitarian law,” a ministry spokesperson said.
It follows days of deadly fighting along the Thai-Cambodian border which saw at least 43 people killed and left over 300,000 people displaced.
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July: Sky at scene of deadly rocket attack
The violence – the worst fighting between the neighbours in over a decade – ended with a truce reached on Monday following a push from Malaysia and calls from US President Donald Trump who threatened to hold off tariff negotiations with both countries until fighting ceased.
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Thailand and Cambodia previously faced tariffs of 36% for sending goods to the US, their largest export markets.
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Officials from both Thailand and Cambodia will be meeting in Malaysia next week for talks aimed at maintaining the ceasefire along the disputed border.
The two nations have been at loggerheads over border areas for decades, and simmering tensions escalated into an exchange of gunfire, shelling and rockets on last week, with both sides accusing one another of initiating the violence.
Both countries recalled their ambassadors, and Thailand closed its border crossings with Cambodia.
Relations between the pair deteriorated sharply after an armed confrontation in May that killed a Cambodian soldier. Nationalist passions on both sides have further inflamed the situation.
Tesla (TSLA) is not paying its bills, and this has led to at least two small American businesses going bankrupt. The automaker had over $110 million in liens with contractors over the last 5 years.
CNN released a new report that examines lien claims from contractors hired by Elon Musk’s companies in Texas, particularly Tesla.
In Texas, contractors have filed liens for more than $110 million against Tesla in the last five years. Over $24 million is still allegedly owed to dozens of businesses, according to the report.
In two cases, contractors, most often small American businesses, had to file for bankruptcy due to the unpaid bills.
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The report highlights the example of a small pipe welding business that landed a multi-million-dollar contract with Tesla to build the Gigafactory Texas in Austin in 2022.
The owner, Jennifer Meissner, dedicated her whole crew to the project for a year, hired more people, and bought new equipment for the project, including some with loans she guaranteed herself:
For the first seven years Meissner’s company was in business, she prided herself on not once being late to pay her workers, she told CNN. After securing the business deal with Tesla in 2022, she said her company’s annual revenue grew exponentially, and she hired even more employees. With business booming, she was also hopeful that she would finally be able to start setting aside money for her special needs daughter, whom she adopted at the age of seven.
Her dream quickly turned into a nightmare when Tesla stopped paying its bills. It started putting incredible pressure on Meissner’s company, leading her to take more loans, thinking that Tesla would eventually pay.
Eventually, it led to her inability to pay her own employees and subcontractors, and ultimately, it contributed to her own bankruptcy.
Tesla ultimately paid $650,000 to cover her subcontractors, but claimed it was “overbilled.”
Another local small business, Full Circle Technologies, found itself in a similar situation after Tesla didn’t pay them $600,000 for installing security systems at the factory:
In bankruptcy filings, Full Circle Technologies said Tesla owed it nearly $600,000 and that it was “forced to take on short term high interest loans to bridge the gap between performing the work for Tesla and the payment for its services.” When a creditor began to levy the company’s bank accounts, the company said it had no option but to file for bankruptcy. Tesla then made its own claim in the bankruptcy hearings, stating Full Circle actually owed the carmaker money for allegedly breaching its contract. The two companies ultimately settled, but Full Circle CEO Abheeshek Sharma told CNN that Tesla was released from its obligation without paying a cent.
Another case involved Sun Coast Resources, a company that delivered fuel to Tesla’s factory, claiming that the automaker wasn’t paying millions in bills.
In this case, Tesla never denied receiving the fuel or subpar service, but it provided a myriad of procedural reasons to explain why it did not pay.
The case was publicized a bit earlier this year, and it was reportedly solved following the publicity.
All these cases are linked to Tesla, but some are pointing out that it is Elon Musk’s modus operandi, as his other companies also have a lot of lien claims against them.
The report found seven companies that filed for bankruptcy after Twitter simply stopped paying their bills after Musk acquired the company.
One of Tesla’s subcontractors said about Musk:
“His goal is to run through everything now – he doesn’t care what or who that impacts – to save the future of the world,” said one entrepreneur about his impression of Musk. He spoke with CNN anonymously and said he remains a fan of Musk but that Tesla has a reputation in Austin of leaving contractors desperate to get paid – noting that his company had to take out extra lines of credit while awaiting payment from Tesla. “Tesla was probably one of the only companies we did business with where it just felt like they absolutely did not care about putting a company out of business.”
In one of the lien cases, Tesla’s own outside counsel agreed that Tesla is not great at paying on time. He said: “I don’t disagree that it does take Tesla some time to pay, that goes for legal bills, too … I know it full well.”
Electrek’s Take
It’s quite something for someone to say that a company “doesn’t care about putting another company out of business by not paying what you owe them” and “I’m still a fan” in the same breath.
The excuse of “saving the future of the world” doesn’t make sense if it also happens to “coincidentally” result in Musk becoming extremely wealthy while his contractors go bankrupt.
If that’s the case, the goal is not saving the future; it’s getting rich.
Regarding the claims in the report, Tesla has a reputation for poor payments. That much is clear when its own outside counsel complains about it in the middle of defending Tesla against claims of not paying its bills.
Some of that is simply due to things slipping between the seat cushions. At any given time, Tesla has about $13 billion in accounts payable.
But it seems to be its way of doing business also because over $100 million in liens in Texas alone is concerning and that’s just for Tesla. Musk has employed a similar approach at other companies, including telling Twitter contractors that they will only pay when forced to.
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