How Appealing



Monday, February 6, 2006

“In Limelight at Wiretap Hearing: 2 Laws, but Which Should Rule?”: Adam Liptak will have this article Tuesday in The New York Times. The newspaper will also contain articles headlined “Top Aide Defends Domestic Spying” and “Balancing Act by Democrats at Hearing.”

The Washington Post on Tuesday will contain articles headlined “Gonzales Defends Surveillance; Senators From Both Parties Challenge Attorney General on Program” and “Activists on Right, GOP Lawmakers Divided on Spying; Privacy Concerns, Terror Fight at Odds.” Plus, Dana Milbank’s “Washington Sketch” column will carry the headline “In Quizzing a Reticent Gonzales, Senators Encounter a Power Shortage.”

James Kuhnhenn of Knight Ridder Newspapers reports that “Senate committee questions Gonzales on eavesdropping program.”

And Tuesday’s edition of The Times of London reports that “Bush under pressure as Senate sets its sights on wiretaps.”

Posted at 11:24 PM by Howard Bashman



“Moussaoui Ejected Four Times for Disrupting Jury Selection”: Neil A. Lewis will have this article Tuesday in The New York Times.

The Washington Post on Tuesday will report that “Moussaoui Repeatedly Ejected From Court; Outbursts Mark First Day of Jury Selection Process.”

Tuesday’s edition of Newsday will report that “Moussaoui defiant in courtroom; As jury selection in sentencing trial begins, ‘al-Qaida’ defendant renounces his lawyers, calls trial a ‘circus.’

The Times of London on Tuesday reports that “9/11 plot terrorist tells court ‘I am al-Qaeda.’

The Guardian (UK) on Tuesday reports that “Alleged 9/11 conspirator evicted from court.”

And Tuesday’s edition of The Telegraph (UK) reports that “‘Suicide pilot’ tells September 11 trial, I am al-Qa’eda.”

Posted at 11:12 PM by Howard Bashman



“Cowardly Lions: Congress talks tough to Gonzales–and then turns and runs.” Emily Bazelon has this essay online at Slate.

Posted at 9:45 PM by Howard Bashman



Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Moussaoui Disrupts First Day of Sentencing Trial“; “Gonzales Defends U.S. Wiretapping Program“; and “Assessing the Effectiveness of NSA Eavesdropping.”

Today’s broadcast of “Talk of the Nation” contained a segment entitled “Gonzales Defends Domestic Wiretapping in Hearings” featuring David G. Savage.

Today’s broadcast of “Day to Day” contained a segment entitled “Senate Grills Gonzales on Domestic Spying.”

And today’s broadcast of “Morning Edition” contained segments entitled “Senate Panel Holds Hearing on NSA Surveillance” (featuring Nina Totenberg); “The Law Behind NSA Eavesdropping“; and “Jury Selection Begins for Moussaoui Sentencing.”

RealPlayer is required to launch these audio segments.

Posted at 9:25 PM by Howard Bashman



Reader mail: A reader emails:

Would it be possible to put UTR’s link back on the right hand side of your blog where it used to be? Your loyal readers would appreciate this small kindness so much. It is difficult to keep scrolling thru the body of your blog threads to find the link, and UTR is so HOT!

As best as I can tell, the author of this email (unlike the author of “Underneath Their Robes“) is actually female.

Posted at 5:24 PM by Howard Bashman



“Lawsuit claims state lawmakers may have traded votes with justices”: The Associated Press provides this report from Harrisburg, Pennsylvania.

Posted at 4:33 PM by Howard Bashman



“So, will our Supreme Court be next?” Michelle Malkin has a post this afternoon noting that “One of the places where Muhammad has been memorialized is inside the U.S. Supreme Court on a north wall marble frieze.” The U.S. Supreme Court‘s web site provides this information about the courtroom’s north wall frieze.

Posted at 3:50 PM by Howard Bashman



Can a state court class action under state antitrust law toll the statute of limitations applicable to a federal antitrust claim arising from the same facts even though only a federal court can adjudicate the federal antitrust claim? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit answers “no” today in an opinion that you can access here.

Posted at 2:54 PM by Howard Bashman



“The Porn Identity — How Google gave me a new persona: porn star.” Eve Fairbanks has this essay (pass-through link) online today at The New Republic.

Posted at 2:45 PM by Howard Bashman



Ninth Circuit grants rehearing en banc in case presenting the question of which standard of review — abuse of discretion or de novo — to apply to ERISA administrator’s denial of plan benefits: You can access today’s order granting rehearing en banc at this link. The now-vacated ruling by a divided three-judge Ninth Circuit panel in the case can be accessed here.

Posted at 2:30 PM by Howard Bashman



The Associated Press is reporting: An article headlined “Del. Attorney Won’t Face Death Penalty” begins, “Prosecutors announced Monday they will not seek a new penalty hearing for convicted killer Thomas Capano, a once wealthy and well-connected attorney whose death sentence was overturned by the Delaware Supreme Court last month.”

And in other news, “N.C. Dad Indicted in Twins’ Deaths.” As I noted in this earlier post, before moving to North Carolina the family lived in California, where their next-door neighbor was Michael A. Newdow.

Posted at 2:24 PM by Howard Bashman



Congratulations to two long-time “How Appealing” readers: A post today at “Underneath Their Robes” begins, “Word on the street is that the Supreme Court’s latest member, Justice Samuel A. Alito, Jr., has hired two of Justice Sandra Day O’Connor’s clerks: Ben Horwich and Sasha Volokh.”

Update: Tony Mauro’s article today in Legal Times, headlined “Justice Alito’s Green Day; New Justice to Wade Into Clean Water Act Cases” (subscription required), reports that “[Justice Alito’s] staff is still in flux, but he has already picked up two O’Connor law clerks, Benjamin Horwich and Alexander Volokh.”

Posted at 2:14 PM by Howard Bashman



“Moussaoui: ‘I am al Qaeda’; Judge orders 9/11 defendant out of court as jury selection begins.” CNN.com provides this report.

Posted at 12:35 PM by Howard Bashman



“Asbestos-Bill Opposers Lose A Powerful Ally; Theodore B. Olson’s Removal Benefits His Firm’s Other Clients”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 12:30 PM by Howard Bashman



“Pa. Court Rules City Can’t Seize Home”: The Associated Press provides a report that begins, “A city agency violated the separation of church and state when it seized a woman’s home to help a religious group build a private school in a blighted Philadelphia neighborhood, a state appeals court ruled Monday. In a 4-3 ruling, the Commonwealth Court said the Philadelphia Redevelopment Authority should not have taken the property in 2003 to allow the Hope Partnership to build a middle school.”

Today’s ruling of the Commonwealth Court of Pennsylvania can be accessed at this link.

Posted at 11:55 AM by Howard Bashman



“Blood Trail Is Crux of Forensic Mystery”: Today in The Washington Post, Charles Lane’s “Full Court Press” column begins, “Paul Gregory House has been on Tennessee’s death row for 20 years. On Jan. 11, his lawyer told the Supreme Court that House is an innocent man, convicted by phony forensic evidence.”

Posted at 11:08 AM by Howard Bashman



“And Then There Were Eight”: Today in The Harvard Crimson, Daniel J. Hemel has an interesting op-ed that begins, “The Senate Judiciary Committee’s vetting of Samuel A. Alito Jr. left many key questions about the newest Supreme Court member’s judicial philosophy unanswered–and it left one key question about Alito’s new position unasked: do we even need a ninth justice?”

Posted at 10:18 AM by Howard Bashman