Playing Politics With Executions : Limits on death row appeals should be removed from bill

Just days before the sad anniversary of last year’s horrendous Oklahoma City bombing, Congress seems finally intent on passing anti-terrorism legislation. Tougher measures, such as some of the provisions in this bill, are indeed needed to thwart terrorist activities in the United States. But Congress would have a better bill if it removed language limiting the ability of death row inmates to appeal their sentences. Opportunistic legislators have engaged in political gamesmanship on this issue.

President Clinton is pressing the Republican-controlled Congress to support the legislation. But the GOP is taking advantage of the situation to include curbs on habeas corpus appeals in the bill. The GOP knows that Clinton is not likely to veto the legislation even if it contains the appeals amendments. But a responsible Congress would strip away these provisions.

The habeas corpus amendments will have far greater and more troubling ramifications than clauses in the bill applying strictly to terrorism. Supporters say they would stop what they regard as endless, frivolous appeals by convicted killers and speed their executions.

The capital punishment appeals process can certainly be lengthy, but speed is not its object. The process is designed to ensure that the state does not mistakenly execute an innocent person.

Habeas corpus reform has already gone far enough. The Supreme Court, in a series of decisions in recent years, has limited the number of federal habeas corpus petitions that death row inmates can bring. Further curbs by Congress threaten to affect the balance between the state’s interest in determining the guilt of defendants and the right of each defendant to a fair trial, tipping it toward the state.

The main provisions of the anti-terrorism legislation would expand the ability of federal law enforcement authorities to tap telephone conversations by suspected terrorists and to mark, or “tag,” at least some explosives that can be used in bombs, which would making tracing the source easier.

Congress wants to pass the legislation by Friday, the first anniversary of the massive explosion that killed 168 people at the Alfred P. Murrah Federal Building. The country needs a narrow, thoughtfully drawn anti-terrorism bill, free of political machinations on the death penalty. It is not too late for the GOP to get the message.