How Appealing



Tuesday, March 13, 2007

“‘Mistakes’ Made on Prosecutors, Gonzales Admits”: This article will appear Wednesday in The New York Times, along with articles headlined “‘Loyalty’ to Bush and Gonzales Was Factor in Prosecutors’ Firings, E-Mail Shows” and “A Favorite Fallback for Foulups: ‘Mistakes Were Made.’

And McClatchy Newspapers provide reports headlined “Emails detail plans for firing U.S. attorneys” and “E-mail excerpts show interest in preserving new powers.”

Posted at 10:25 PM by Howard Bashman



“Constitution Clash Looms in Virginia; Government wants to introduce secret Aipac evidence”: Josh Gerstein of The New York Sun provides this news update.

Posted at 7:20 PM by Howard Bashman



“ISO Supreme Court ruling”: Today at “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “It’s not the sexiest or newsiest case of the Supreme Court’s term, but there are those who are anxiously awaiting a decision in the telecom case of Global Crossing v. Metrophones. And awaiting and awaiting. The case, which asks whether pay-phone providers can sue long-distance carriers over compensation for coinless pay-phone calls, was argued last Oct. 10, and a decision has still not emerged. The last time that a case argued that early was this late in being decided was five years ago, in another telecom case.”

Posted at 5:24 PM by Howard Bashman



“Top general: Remarks on gays were ‘personal moral views.'” CNN.com provides a report that begins, “The top U.S. military officer, Gen. Peter Pace, said Tuesday he should have focused more on military policy and less on his own opinion when he told a newspaper homosexual acts are immoral.”

My earlier coverage appears at this link.

Posted at 5:10 PM by Howard Bashman



“The case sub judice arises at this intersection of scientific advance and enduring constitutional values. In it, we are asked to determine whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction DNA testing.” A New York State prisoner who is seeking, by means of a federal civil rights lawsuit, access to DNA testing that he claims would establish that he did not commit the crime of attempted murder, for which he now stands convicted, today received some good news from the U.S. Court of Appeals for the Second Circuit. A unanimous three-judge panel of that court, in an opinion by Circuit Judge Guido Calabresi, reinstated the prisoner’s lawsuit and sent it back to the federal district court for further proceedings.

Posted at 5:04 PM by Howard Bashman



News releases issued today by the Administrative Office of the U.S. Courts: A news release headlined “Federal Judiciary Says New Judgeships Needed” begins, “The Judicial Conference of the United States today voted to ask Congress to create 67 new federal judgeships–15 for the courts of appeals and 52 for the district courts.” A chart listing the new recommended judgeships can be accessed here. The federal appellate courts slated to receive additional authorized judgeships under the proposal are the First, Second, Third, Sixth, Eighth, and Ninth Circuits.

A second release issued today is headlined “Fiscal Year 2006 Caseloads Remain At High Levels.” A considerable amount of additional, related information regarding 2006 federal court caseloads can be accessed via this link.

Posted at 1:45 PM by Howard Bashman



“Attorney General Alberto Gonzales abruptly canceled travel plans Tuesday amid growing calls for his ouster over the firings of eight federal prosecutors during a White House-directed housecleaning of U.S. attorneys.” So begins this report from The Associated Press.

Posted at 1:15 PM by Howard Bashman



“Law students behaving badly: Students should be responsible on public forums, since slanderous information online can affect job offers.” Ernest Gomez has this op-ed today in The Daily Pennsylvanian.

Posted at 10:40 AM by Howard Bashman



“Passenger in deadly crash not guilty; Court rules she was a victim, not accomplice, in fatal crash”: The Seattle Post-Intelligencer today contains an article that begins, “The sole survivor of one of the state’s deadliest single-car wrecks can’t be guilty of encouraging her friend to drive drunkenly because she was a victim of the crime, the state Court of Appeals ruled Monday.”

And The Associated Press reports that “Court Reverses Crash Victim’s Conviction.”

You can access yesterday’s ruling of the Washington State Court of Appeals, Division One, at this link.

Posted at 10:25 AM by Howard Bashman



“Make the FBI follow the law”: This editorial appears today in The Boston Globe.

The Chicago Tribune today contains an editorial entitled “Betrayed by the FBI.”

And USA Today contains an editorial entitled “Confirming predictions, FBI abuses law aimed at terrorists; Carelessness can’t even begin to excuse abuse of ‘security letters.’” In response, John Miller has an op-ed entitled “We’re correcting our errors; But audit found no deliberate misuse of power by the FBI.”

Posted at 8:44 AM by Howard Bashman



“Don’t drop ‘don’t ask, don’t tell,’ Pace says”: The Chicago Tribune today contains an article that begins, “Gen. Peter Pace, chairman of the Joint Chiefs of Staff, said Monday that he supports the Pentagon’s ‘don’t ask, don’t tell’ ban on gays serving in the military because homosexual acts ‘are immoral,’ akin to a member of the armed forces conducting an adulterous affair with the spouse of another service member. Responding to a question about a Clinton-era policy that is coming under renewed scrutiny amid fears of future U.S. troop shortages, Pace said the Pentagon should not ‘condone’ immoral behavior by allowing gay soldiers to serve openly. He said his views were based on his personal ‘upbringing,’ in which he was taught that certain types of conduct are immoral.”

Posted at 8:35 AM by Howard Bashman



“Fake snow out for Snowbowl; Appeals court overturns ruling that OK’d treated effluent to extend skiing”: This article appears today in The Arizona Republic.

The Arizona Daily Star reports today that “Court blocks effluent on sacred peaks.”

The New York Times reports that “Court Blocks Snowmaking at Indian Sites.”

The Denver Post reports that “Plan for snow from sewage struck down; The 9th U.S. Circuit Court of Appeals ruled that the Arizona resort’s project for peaks held sacred by tribes was a violation.”

The Associated Press provides a report headlined “Appeals court: No fake snow at Arizona Snowbowl.”

And Reuters reports that “Court backs native tribes on sacred mountain.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 8:30 AM by Howard Bashman



“Supreme Court TV: The Supreme Court should televise its oral arguments; But Congress can’t force it to make the change.” The Los Angeles Times contains this editorial today.

Posted at 8:11 AM by Howard Bashman



“Secret hearings for top 9/11 suspects; Review tribunals have been held for Khalid Shaikh Mohammed and at least two other Guantanamo detainees”: This article appears today in The Los Angeles Times.

Posted at 8:10 AM by Howard Bashman



“Justices to Hear Landmark Free-Speech Case; Defiant Message Spurs Most Significant Student 1st Amendment Test in Decades”: Robert Barnes has this article today in The Washington Post.

Posted at 7:48 AM by Howard Bashman



“White House Said to Prompt Firing of Prosecutors”: This article appears today in The New York Times, along with an article headlined “Fast-Riser’s High Hopes and Sudden Fall.”

The Washington Post today contains a front page article headlined “Firings Had Genesis in White House; Ex-Counsel Miers First Suggested Dismissing Prosecutors 2 Years Ago, Documents Show.”

The Los Angeles Times reports that “Key figure in Justice Dept. to step down; Gonzales’ chief of staff may have played a role in the firing of seven U.S. attorneys.”

And in The Boston Globe, Donald K. Stern has an op-ed entitled “Dismissing eight US attorneys.”

Update: The Seattle Times today contains an article headlined “McKay ‘stunned’ by report on Bush.”

Posted at 7:44 AM by Howard Bashman