Perry's execution record outstrips Bush's

Rick Perry has overseen more executions than George "the Texecutioner" Bush.

The Republican presidential candidate hopeful, Rick Perry, has outstripped his gubernatorial predecessor, George W. Bush, in the number of executions he has overseen.

George Bush, the so-called "Texecutioner", who has been described as a "modern-day Pontius Pilate", oversaw the execution of 152 convicts over five years.

Perry, the current Governor of Texas, has overseen 234 executions, although he has held the office for 11 years, meaning he is overseeing a lower rate of execution.

If a Governor of Texas is to commute a death sentence, he or she must first be referred the commutation by a Board of Pardons and Paroles, and if the Board denies commutation, the Governor cannot act on this. However, the Governor appoints the Board of Pardons and Paroles him or herself. Perry has only commuted one sentence as Governor.

In 2002, Perry vetoed a bill that would have prevented the death penalty from being handing to mentally retarded inmates.

1,224 inmates have been executed in Texas since 1819 - more than any other state - and it is also the state with the second highest rate of execution, overtaken only by Oklahoma.

In "Fed Up!: Our Fight to Save America from Washington", Perry says "If you don't support the death penalty...don't come to Texas."

He also courted controversy when he refused to prevent the execution of Humberto Leal Garcia, a Mexican national who was not informed that he was entitled to access legal advice from the Mexican consulate, a move that some feared could provoke a diplomatic incident. The White House, and Obama himself, appealed to Perry to reprieve Garcia, noting that failure to do so could "have serious repercussions for United States foreign relations, law-enforcement and other co-operation with Mexico, and the ability of American citizens travelling abroad to have the benefits of consular assistance in the event of detention."

Perry has also been criticised for his decision to ignore forensic evidence relating to the case of Cameron Todd Willingham, a man convicted of killing his children by arson in 1994, and executed ten years later. An investigation into the case was launched in 2009, with one representative of the Texas Forensic Science Commission concluding that "a finding of arson could not be sustained".

The Chicago Tribune concluded that:

Over the past five years, the Willingham case has been reviewed by nine of the nation's top fire scientists - first for the Tribune, then for the Innocence Project, and now for the commission. All concluded that the original investigators relied on outdated theories and folklore to justify the determination of arson. The only other evidence of significance against Willingham was twice-recanted testimony by another inmate who testified that Willingham had confessed to him. Jailhouse snitches are viewed with scepticism in the justice system, so much so that some jurisdictions have restrictions against their use.

Perry dismissed the chair of the Texas Forensic Science Commission, along with two other board members, two days before it was due to review the case. The new chair cancelled the meeting.

Perry's rival Michele Bachmann says she is "100 per cent pro-life" and "believe[s] in the dignity of life from conception until natural death", although she has not made explicit comments on the death penalty.

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.