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We're -- -- shift topics here real quick because we're gonna talk about the state of Oregon really compelling.
Case out of there was no executions under my watch this is that governor as saying that.
This is announcement -- wondering if this is going to be -- present president that's going to be Savvis for other states with Tom to be joining us former deputy assistant attorney general.
-- with his thoughts reflections on the set controversial.
Position a potential.
Precedent I think to being of the program Tom how are you.
Fine thanks Kimberly I can what do you make advances pretty bold and -- unconventional approach.
It's certainly as a bold approach no question about that.
The governor basically said that he has personal moral philosophical objections to the death penalty in -- way that is being administered in Oregon and says it categorical judgment that the death penalty is not gonna be applied in Oregon on his watch.
Are we -- a few other governors take a similar approach before.
And in many ways -- overriding the will of the Oregon voters -- right approved use of the death penalty some years back.
Now that's the thing you think if you taken note.
In an half an office whether you're -- district attorney whether -- of the city attorney and mayor.
The governor you're supposed to uphold the law as it is not sit there and legislate.
Based on your social -- personal position.
About what you -- you're violating the law by not enforcing it because it's not -- to just selectively to decide which laws you -- favorable.
And which aren't what can be done about that.
Well it's a good question there may not be anything you could do about it at least in the short term obviously in the long term.
The voters of -- obviously I had a say in whether or not they re elected governor.
In the short term it's a difficult question because there's no question that any governor historically.
Traditionally has the power to grant reprieve or to commute.
The sentences of people who have been sentenced to death -- -- about what we're seeing here is something quite different where the governor is not invoking his commutation power because he thinks there's been an injustice in this case right to Zemin who -- wrongfully convicted.
-- -- man who mitigating circumstances weren't properly taken into account.
What we're seeing here is a situation where the governor says no more categorical bar in any case on his watch in Oregon something quite different it is.
Very different because the voters there hey you know he's -- -- discussion about the definitely stepped up but they categorically he voted in favor of adopting the death penalty in the state of war again.
The people's will is being circumvented.
By the governor who is acting unilaterally.
I and I think getting in inappropriate.
Use -- his executive authority power so I think they should sue him.
Well it's very yeah.
It's very interesting in that.
The governor said that the reason for his action was he wanted to start and stimulate debate about the death penalty -- -- again.
And the fact that the voters of Oregon have already considered the question and voted in favor of the death penalty.
Really begs the question as to what the governor envisions it almost seems as though he -- to stimulate a debate that a debate that in his opinion to have only one correct outcome.
All right well you know you know about a lot of things I wanted to mention -- and that you played as substantial role in the successful representation of George.
W goes before the US Supreme Court and bush are vs gore.
And you are named that one of the top ten -- litigators in the US under the age of forty -- 360 so that's pretty exciting I wish I could do something about this.
I want to go home tonight of our guests.
-- -- -- Come up on an idea how did that yeah I think -- have a specific case meeting where perhaps family members or somebody -- thanks so -- you know someone is.
Killed and then there's the death penalty situation we'll -- -- back to talk about it except last Thursday Thanksgiving Day.
-- we're gonna take a quick break and we'll be right back after these past.
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