Thursday, May 10, 2007
"Democrats Push Gonzales on Attorney Dismissals": This article will appear Friday in The New York Times.
The Washington Post on Friday will report that "House GOP Stands Behind Gonzales; New Details of White House Pressure to Fire U.S. Attorneys Do Not Sway Republicans." The newspaper has also posted online this transcript of the Attorney General's testimony.
Available online from law.com: Shannon P. Duffy has an article headlined "Splenda's Not Equal, But Is It Separate From Sugar? Deliberations start today in battle of sweeteners."
And in other news, "Some Fla. Criminal Defense Lawyers Take Aim at Beleaguered Judiciary Via Web Log."
"House Panel Presses Gonzales on Attorney Firings": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:44 PM by Howard Bashman
Available online at "SCOTUSblog": Lyle Denniston has posts titled "An expansive interpretation of abortion ruling" and "New developments on detainees."
"Pentagon re-charges bin Laden's driver": Carol Rosenberg of The Miami Herald provides this news update. My earlier coverage appears at this link.
Posted at 08:30 PM by Howard Bashman
"Alberto Gonzales, Zen Master: The attorney general jiujitsus Congress with a smile." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:27 PM by Howard Bashman
"Police tricking man into giving up DNA is upheld": The Seattle Post-Intelligencer provides this news update.
And The Seattle Times provides a news update headlined "Court upholds murder conviction based on DNA from envelope."
"This morning at the CLE, Howard Bashman's name came up at least twice. The first speaker to mention him even said she started her morning with biscuits and Bashman." So writes "E. McPan" today in this post today at "The Dirty Life & Times of E. McPan."
Posted at 08:20 PM by Howard Bashman
"Democrats question Southwick's civil rights record": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "Leslie Southwick's nomination to a federal court seat ran into potential trouble today from congressional Democrats disturbed by his record on civil rights and gay rights. Southwick, a retired Mississippi Court of Appeals judge, is President Bush's choice for a seat on the 5th U.S. Circuit Court of Appeals. At a confirmation hearing today, Democratic members of the Senate Judiciary Committee focused on some of the decisions Southwick made during his dozen years on the state bench."
Posted at 06:08 PM by Howard Bashman
The Associated Press is reporting: Now available online are articles headlined "Democrats Grill Gonzales on Firings" and "Reporters Subpoenaed in Fla. Execution."
Posted at 06:05 PM by Howard Bashman
"Gonzales Goes Before Congress": This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now."
Posted at 05:15 PM by Howard Bashman
"Pentagon charges Hamdan, prepares terror trial": Reuters provides a report that begins, "The Pentagon on Thursday charged Salim Ahmed Hamdan, the Guantanamo prisoner whose lawsuit derailed the Bush administration's original terror trial plan, with conspiracy and material support for terrorism. The Defense Department said Hamdan served as Osama bin Laden's bodyguard and driver and that he transported and delivered weapons and other supplies to al Qaeda members and associates."
And The Associated Press reports that "U.S. Charges Suspected Bin Laden Driver."
"House Judiciary Committee Gets Its Turn With Gonzales Over Attorney Firings": law.com provides this news update.
Posted at 04:58 PM by Howard Bashman
"U.S. Labels 2003 Leaked Memo 'Sensitive'": The Associated Press provides this report about a case now pending before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 04:03 PM by Howard Bashman
"Paying the Judicial Piper": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:00 PM by Howard Bashman
"Gonzales Appears Before House Committee": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
The Washington Post provides a news update headlined "Gonzales Testifies on U.S. Attorney Firings."
The Los Angeles Times provides a news update headlined "Gonzales testifies before House Judiciary Committee."
And online today at National Journal, Murray Waas has an article headlined "Administration Withheld E-Mails About Rove."
C-SPAN has posted the video of Attorney General Alberto R. Gonzales' testimony from this morning before the House Judiciary Committee at this link (RealPlayer required). When his afternoon testimony becomes available online, I will link to that too.
"Literary Battle Fatigue: The Army can regulate soldiers' blogs and letters--but it shouldn't." Phillip Carter has this jurisprudence essay online at Slate.
Posted at 03:32 PM by Howard Bashman
"This appeal challenges a decision to apply Mexican law in a suit alleging tortious interference with a contract for the services of a Mexican soap opera star." So begins a decision that the U.S. Court of Appeals for the Eleventh Circuit issued today. The three-judge panel unanimously concludes that the federal district court should have applied Florida law, rather than Mexican law, to decide the dispute.
Posted at 03:23 PM by Howard Bashman
Doctor who pleaded guilty to providing anabolic steroids and human growth hormone to NFL players has his sentencing challenge rejected by the U.S. Court of Appeals for the Fourth Circuit: You can access today's ruling at this link.
In earlier coverage, NFL.com reported that "Carolina steroids doctor sentenced to one year" and "Doctor enters guilty plea in steroids case." And The Associated Press reported that "Doctor Defends Prescriptions for Steroids."
If you want to be able to vote to elect the President of the United States or be represented by voting members of the U.S. Congress, don't make your home in the U.S. Virgin Islands: A retired U.S. Marshal who worked in the continental United States before being transferred to work in the USVI thereafter became a permanent resident of that Territory. Today, in an opinion that you can access here, the U.S. Court of Appeals for the Third Circuit affirms the rejection of his various constitutional claims summarized in the title of this post.
The Third Circuit's ruling states that the court is adopting the attached ruling of the District Court of the Virgin Islands. However, in its current PDF format, the district court's ruling is not attached. Update: After this post originally appeared, the Third Circuit has re-posted the decision so that now the district court's ruling is in fact attached.
"Senator says he won't block Michigan judge from federal bench": The Detroit News provides an update that begins, "A Republican senator today questioned a nominee for an undermanned Michigan federal court over her attendance at a commitment ceremony for a lesbian couple. But the senator, Republican Sam Brownback of Kansas, said he would allow the nomination of Janet Neff to go forward."
The Detroit Free Press provides a news update headlined "Mich. judge's federal judgeship nomination allowed to go forward."
"New Questions for AG in Attorneys' Probe": The Associated Press provides this report.
Posted at 12:32 PM by Howard Bashman
"Despite Furor, Gonzales Likely to Stick Around": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:30 PM by Howard Bashman
U.S. Senator Sam Brownback (R-KS) is now questioning U.S. District Court nominee Janet T. Neff about her attendance at a same-sex commitment ceremony: You can view the Senate Judiciary Committee hearing live, online by clicking here (RealPlayer required).
Divided Supreme Court of the State of Washington affirms murder conviction of defendant tricked into providing DNA sample by police investigators who were impersonating lawyers: Today's ruling in State of Washington v. John Nicholas Athan consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).
In May 2003, The Associated Press published an article headlined "New Trick By Cops Closes Old Case" that begins, "Not long ago, John Nicholas Athan got an official-looking letter about a class-action lawsuit filed on behalf of people who had been overcharged on parking tickets. If he wanted to take part in the case, he was told, he had to sign and return the enclosed form. He licked the self-addressed envelope, sent it back and waited to hear if he would get any money. In truth, there was no lawsuit - but there was DNA. The letter was part of ruse devised by detectives to get a sample of Athan's DNA and connect him to a slaying that had gone unsolved for nearly 21 years."
In earlier coverage, The Seattle Post-Intelligencer published articles headlined "Police ruse case argued before state's highest court; Convicted murderer says officers broke law with DNA trick" and "Police ruse illegal, lawyer says; Murder suspect didn't know he was supplying a DNA sample." And in February 2004, John R. Muenster had an op-ed in The Seattle Times entitled "DNA-case ruses damage integrity of legal system."
"GOP Pushes Pace on Nominations": Roll Call today contains an article (subscription required) that begins, "Senators overwhelmingly voted Wednesday to confirm their third federal appellate court nominee of the 110th Congress, just days after Senate Minority Leader Mitch McConnell (R-Ky.) privately told Majority Leader Harry Reid (D-Nev.) that he might trip up the Democrats' floor agenda over stalled judicial nominations."
Posted at 11:18 AM by Howard Bashman
"McKay: White House had us fired." The Seattle Times today contains an article that begins, "Two former U.S. attorneys said Wednesday they believe the White House had them fired along with six other federal prosecutors, and that ongoing investigations into the dismissals could result in criminal charges against senior Justice Department officials."
And The Seattle Post-Intelligencer reports today that "Fired U.S. attorneys call for investigation; McKay, 2 others fear 'chilling effect.'"
View live, online today's testimony of U.S. Attorney General Alberto R. Gonzales before the House Judiciary Committee: You can access the live, online feed of the hearing, which is due to get underway at any moment now, by clicking here (RealPlayer required).
Posted at 09:35 AM by Howard Bashman
"Bush's 5th Circuit pick faces Senate scrutiny today": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Leslie Southwick, President Bush's latest choice to fill a seat on the 5th U.S. Circuit Court of Appeals, is likely to face tough questioning - and perhaps Democratic opposition - at his confirmation hearing today. That would be in line with the experience of two previous candidates for the seat, Judge Charles Pickering and Jackson lawyer Mike Wallace. Neither was confirmed, but Pickering got a one-year appointment to the job. That appointment expired in December 2004. Some of the same groups that opposed the nominations of Pickering and Wallace to the New Orleans-based appellate court are questioning Southwick's rulings on the Mississippi Court of Appeals, where he served nearly a dozen years before retiring last year."
Elsewhere, The Detroit Free Press today contains an article headlined "Gay marriage issue still clouds judge vote" that begins, "Her nomination blocked last year by a conservative senator, Michigan Court of Appeals Judge Janet Neff goes before a U.S. Senate committee today apparently facing the same issue that dogged her appointment to the federal bench a year ago. Republican Sen. Sam Brownback of Kansas told Congressional Quarterly for a story Wednesday that he still wants to know Neff's feelings regarding gay marriage when her confirmation for a western Michigan judgeship comes up before the Senate Judiciary Committee."
And The Grand Rapids Press reported yesterday that "Judicial nominee to face Senate committee."
Today's judicial confirmation hearing before the Senate Judiciary Committee for these judicial nominees is scheduled to get underway at 10 a.m., and once it begins you can view the hearing live, online by clicking here (RealPlayer required).
"ACLU challenges courtroom-oath rules; Group's attorney says Bible shouldn't be only religious text allowed": The Associated Press provides this report from North Carolina.
"Abortion ban case to reopen; Utah law has been on hold, but Supreme Court ruling likely to clear the way": Yesterday's edition of The Salt Lake Tribune contained an article that begins, "A federal judge agreed Tuesday to reopen a case that put Utah's ban on so-called partial birth abortions on hold. The move by Judge Paul Cassell comes just a few weeks after the U.S. Supreme Court issued a 5-4 decision upholding a nationwide ban on the rarely used late-term procedures."
Posted at 09:20 AM by Howard Bashman
"Pressure grows to prosecute Cuban exile; Dismissal of charge against admitted terrorist stirs outrage": This article appears today in The Los Angeles Times.
The San Francisco Chronicle reports today that "Charges dropped for Cuban militant; Critics see double standard on terrorism as U.S. judge tosses charges for man tied to airline bombing that killed 73."
And The Miami Herald reports that "Feds will let Posada return to Miami as a free man; U.S. immigration authorities chose not to detain Cuban exile militant Luis Posada Carriles, who is expected back in Miami by this weekend."
"A Stetson University law student was arrested after she drove over a man lying in the street Tuesday night and then headed home instead of calling for help, police said." So begins this article published today in The St. Petersburg Times. Sadly, the man lying in the street is dead, although the article is unclear whether the man died as a result of being run over by a Lexus SUV or was already dead before being run over by that automobile.
Posted at 08:50 AM by Howard Bashman
"Placating the anti-gun crowd": Today in The Washington Times, Bob Barr has an op-ed that begins, "The relationship between the Bush administration and the pro-Second Amendment community has been lukewarm, at best."
Posted at 08:45 AM by Howard Bashman
"Sides gear up for gay-marriage vote; Lawmakers stall ballot decision until next month": This article appears today in The Boston Globe.
The Republican of Springfield, Massachusetts reports today that "Gay-marriage vote postponed."
"Sampson's death sentence is upheld; Appeals court takes rare step to seal ruling": The Boston Globe today contains an article that begins, "A federal appeals court has upheld the death sentence of Gary Lee Sampson, an Abington man who confessed to killing three New England men during a weeklong murder rampage in July 2001. In an unusual step, the three-judge panel, which rendered its opinion on Monday, sealed the judgment for seven days to give prosecutors and defense lawyers the opportunity to redact any language both sides agree should be kept confidential."
Posted at 08:37 AM by Howard Bashman
"Judge in $65 Million Suit Might Keep Seat on Bench": Metro columnist Marc Fisher has this essay today in The Washington Post.
Posted at 08:25 AM by Howard Bashman
"A Good Fight: The District should ask the Supreme Court to save its gun law." This editorial appears today in The Washington Post.
Posted at 08:17 AM by Howard Bashman
"Giuliani, Mr. 9/11, Agonizes Over Abortion": Bloomberg News columnist Margaret Carlson has this essay online today.
Posted at 08:14 AM by Howard Bashman
"Crist to restart death penalty; The state's prison system changes clear the way for lethal injections": The St. Petersburg Times contains this article today.
Today's edition of The Tallahassee Democrat contains articles headlined "Crist ready for executions to resume" and "Official: Trained teams to perform lethal injection."
The Miami Herald reports that "Florida ready to resume executions."
The South Florida Sun-Sentinel reports that "State sticks with execution procedures; New training helps process, official insists."
The Palm Beach Post reports that "Changes to execution protocol won't include different drugs."
And Reuters reports that "Florida keeps drug cocktail for executions."
Meanwhile, in New Jersey, The Newark Star-Ledger reports today that "Senators weigh bill to outlaw execution; Case could be affected by Va. Tech, Fort Dix."
"Prominent city attorney, negotiator Alan Davis dies": This article appears today in The Philadelphia Inquirer.
Posted at 07:52 AM by Howard Bashman
"Parents and District Settle Dispute on Teacher's Religious Remarks": The New York Times today contains an article that begins, "The Kearny Board of Education in New Jersey and the parents of Matthew LaClair, a 17-year-old junior at Kearny High School, settled their dispute on Tuesday night about a teacher who proselytized in class."
Posted at 07:48 AM by Howard Bashman
"Gonzales Is Said to Seem Confident He Will Stay": This article appears today in The New York Times, along with an article headlined "Missouri Prosecutor Says He Was Pushed to Resign." The newspaper also contains an editorial entitled "U.S. Attorneys, Reloaded."
The Washington Post today contains a front page article headlined "Number of Fired Prosecutors Grows; Dismissals Began Earlier Than Justice Dept. Has Said."
The Los Angeles Times reports that "Gonzales likely to face new questions on firings; Lawmakers are expected to press him for details about the replacement of two other attorneys from key election states."
The Chicago Tribune reports that "Justice probe has a new target; Official has shaped response to uproar."
Bloomberg News reports that "Gonzales Is a Survivor as Bush Seeks to Minimize Political Risk."
And The Milwaukee Journal Sentinel contains an editorial entitled "Trust but verify: We believe Steven Biskupic's motives in prosecuting a state employee were aboveboard; But the Justice Department still should surrender pertinent documents."
"Death Penalty Is Barrier to Bench for Mauskopf": Today in The New York Sun, Joseph Goldstein has an article that begins, "The frequency with which the U.S. attorney in Brooklyn seeks the death penalty is emerging as an obstacle to her confirmation to the federal bench."
Posted at 06:47 AM by Howard Bashman
"An 'Independent Attorney General'? In the Wake of the Controversy over U.S. Attorney Firings, the Next President Will Need to Set Guidelines for White House/Justice Department Interactions." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman