“Miers Rebuffs Senate Subpoena; Another Ex-Aide Says She Did Not Speak With Bush About Firings”: The Washington Post contains this article today, along with an article headlined “A Bush Aide’s Long Road From The White House.” And Dana Milbank’s “Washington Sketch” column is headlined “Against Claims of Executive Privilege, a Committee Comes Up Dry.”
The New York Times reports today that “Ex-White House Aide Says Bush Wasn’t Involved in Attorney Firings.”
The Los Angeles Times contains an article headlined “Disregard subpoenas, Justice Dept. says; The opinion raises questions over whether Bush officials would be prosecuted for not cooperating in probe of U.S. attorneys firings.”
McClatchy Newspapers report that “Bush halts Miers’ testimony, provoking threat from Congress.”
And in The Boston Globe, Law Professor Cass R. Sunstein has an op-ed entitled “Defining executive privilege.”
“Panel: Justice’s behavior improper; N.J. Supreme Court Justice Roberto Rivera-Soto intervened in his son’s dispute.” This article appears today in The Philadelphia Inquirer.
And The Newark (N.J.) Star-Ledger reports today that “Ethics panel wants N.J. judge censured; Report: Justice Rivera-Soto broke rules.”
My most recent earlier coverage appears at this link.
“The Lawsuit against a Lawyer Rating Service: Why the Suit Might Lead the Service to Improve, Becoming More Transparent.” Anita Ramasastry has this essay online today at FindLaw.
“Specter says Dems broke their promise”: The Hill today contains an article that begins, “Sen. Arlen Specter (Pa.), the ranking Republican on the Senate Judiciary Committee, has fired an early volley in what Senate Republicans and conservative activists predict will escalate into another pitched battle with Democrats on judicial nominees.”
“The Bush Court: President Bush has made good on his pledge to move the Supreme Court to the right; As a result, the Court could be more of an issue in the 2008 presidential race than it was in 2004.” William Schneider has this essay in this week’s issue of National Journal.
“A Crack in the System: For the fourth time in 20 years, the U.S. Sentencing Commission has asked lawmakers to reform mandatory cocaine sentencing policy; Might this be the year Congress listens?” Christopher Moraff has this essay online at The American Prospect.
“The President’s Strained Mercy: If Bush wants to correct unjust sentences, why stop with Scooter Libby?” Jacob Sullum has this essay online today at Reason.
“Scalia-Thomas Derangement Syndrome: A full-court press of illogic.” Matthew J. Franck has this essay today at National Review Online.
“Ethics panel: Rivera-Soto deserves censure.” The Newark (N.J.) Star-Ledger provides a news update that begins, “State Supreme Court Justice Roberto Rivera-Soto engaged in judicial misconduct and should be censured, a state judicial ethics committee said today.” You can access online both the committee’s presentment and the justice’s response.
Earlier. today’s issue of The Star-Ledger contains an article headlined “Papers detail Rivera-Soto school dispute.”
And The Philadelphia Inquirer reports today that “N.J. justice faces fallout after high school dispute; He is accused of ethical misconduct stemming from a school dispute.”
“DC Bar Panel on ‘The Supreme Court: The View From The Press Gallery.'” On Monday, the DC Bar hosted an event featuring Joan Biskupic, Robert Barnes, Tony Mauro, Mark Sherman, and Stuart Taylor Jr.
C-SPAN has posted video of the event online, and you can access the video by clicking here (RealPlayer required).
“Pants Suit Plaintiff Asks Judge to Reconsider”: The Washington Post provides this news update.
“Bush Orders Miers Not to Testify”: The Associated Press provides this report.
“Court Asked to Review Judge’s ‘Rape’ Ban”: The Associated Press provides a report that begins, “A woman who says she was raped has asked the Nebraska Supreme Court to review a judge’s ban on saying such words as ‘rape’ and ‘victim’ at the trial of the accused man.”
And The Lincoln Journal-Star provides a news update headlined “Judge throws out motion in Safi trial” that begins, “Lancaster County District Judge Jeffre Cheuvront Wednesday said a Boston law professor was not licensed to practice law in Nebraska, and he dismissed her court motion on behalf of a woman at the center of a sexual assault trial.”
“Ex-White House Official Testifies on Attorney Firings”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR’s “Day to Day.”
“Victim of collar bomb a participant in robbery plot”: CNN.com provides this report.
The Associated Press provides a report headlined “Indictment: Bomb Victim in on Bank Plot.”
And The Erie Times-News provides an update headlined “Feds: Roden murdered to conceal Wells plot; Indictments say pizza deliveryman was in on scheme.”
“Porn actress just liked classmate’s name; The real Syvette Wimberly isn’t too happy about the kind of attention that comes her way”: This article appeared yesterday in The Houston Chronicle. My earlier coverage of this lawsuit appeared at this link.
Update: As WSJ.com’s “Law Blog” notes here, you can access a copy of the petition initiating suit at this link (link destination features somewhat revealing photo), from “The Smoking Gun.”
“Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? — Part VI.” This morning’s Senate Judiciary Committee hearing is now underway, and you can view it live, online by clicking here.
In early news coverage, The Associated Press reports that “Senator Urges Ex-Bush Aide to Testify.”
“Disorder in the court: The 9th Circuit is overturned more than any other appeals court; Its size may be a factor.” Law Professor Brian T. Fitzpatrick has this op-ed today in The Los Angeles Times.
“Federal Court Skeptical of CIA Bid for Secrecy”: Today in The New York Sun, Josh Gerstein has this article about an oral argument that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
The page providing access to oral argument audio at the Ninth Circuit’s web site hasn’t yet been updated to add yesterday’s arguments, but when that page is updated I will update this post to add a link to the oral argument audio in this case.
Update: You can download the oral argument audio via this link (6.09MB Windows Media audio file).
“Judge who won libel lawsuit faces ethics charges; Commission says he tried to bully Herald”: This article appears today in The Boston Globe.
And The Boston Herald today contains articles headlined “Murphy faces ethics charge: Conduct board accuses judge of behavior unbecoming after libel verdict” and “State hearings against jurists a rarity.”
My most recent earlier coverage of this matter, including a link to the text of the charges and the judge’s initial response thereto, appears at this link.
“Woman convicted of perjury seeks a commutation”: The Boston Globe today contains an article that begins, “She has no friends in the White House. She describes herself as a regular, middle-class American who works, pays her taxes, and is devoted to her two young children. But Joanne ‘Jody’ Richardson, 41, of Tyngsborough, has plenty in common with I. Lewis ‘Scooter’ Libby, Vice President Cheney’s former chief of staff.”
“Gonzales Knew About Violations, Officials Say”: The Washington Post today contains an article that begins, “Two senior Justice Department officials said yesterday that they kept Attorney General Alberto R. Gonzales apprised of FBI violations of civil liberties and privacy safeguards in recent years.” The newspaper also contains an editorial entitled “Mr. Gonzales’s Inattention: Once again, new information raises questions about statements by the attorney general.”
“Former doctor admits scheme with law firm; Indictments may be nearer for two Milberg Weiss heavyweights”: This article appears today in The Los Angeles Times.
“Former Bush Aide Will Answer Some Questions”: The New York Times today contains an article that begins, “Sara Taylor, the former White House political director, has agreed to answer some questions as a ‘willing and cooperative private citizen,’ during testimony about the United States attorney firings last year when she appears before the Senate Judiciary Committee later today.” In addition, the newspaper contains an editorial entitled “Overprivileged Executive.”
The Washington Post reports today that “Ex-Aide to Respect Confidentiality Of White House in Hill Testimony.”
And The Los Angeles Times contains an editorial entitled “Privilege has its limits: It would behoove President Bush to compromise with Congress in its U.S. attorneys probe.”
“The Terrorists’ Court”: Today in The New York Times, Law Professors Jack L. Goldsmith and Neal Katyal have an op-ed that begins, “Nearly six years after 9/11, the government’s system for detaining terrorists without charge or trial has harmed the reputation of the United States, disrupted alliances, hurt us in the war of ideas with the Islamic world and been viewed skeptically by our own courts. The two of us have been on opposite sides of detention policy debates, but we believe that a bipartisan solution that reflects American values is possible.”
“First Amendment Claim in Cockfight Suit”: Adam Liptak has an article in today’s edition of The New York Times that begins, “A company that broadcasts cockfights on the Internet filed suit in federal court in Miami on Tuesday to challenge a largely untested federal law that makes it a crime to sell depictions of animal cruelty.” The article identifies the company’s lawyer as David O. Markus, who also happens to be the author of the “Southern District of Florida Blog.”
The article goes on to report that “[t]he constitutionality of the same law is at issue in a case before the federal appeals court in Philadelphia, in which a Virginia man was sentenced to three years in prison for selling videotapes of dog fights.” My most recent coverage of that appeal can be accessed here.
And in other coverage, The South Florida Sun-Sentinel reports today that “Hollywood company sues for right to webcast cockfights from Puerto Rico.”
Update: I have posted online at this link the complaint initiating suit filed yesterday in the Florida federal district court.
“Transferring Up”: Today in The New York Times, Jonathan Kozol has an op-ed that begins, “Last month’s Supreme Court ruling on school integration came as a blow to those who have been watching the gradual dismantling of Brown v. Board of Education with despair. There is, however, some cause for hope.”
“Student journalists’ right to expression expanded; ‘Landmark’ Oregon law shields from censorship”: This article appears today in USA Today.
“What Proponents of the ‘Rape Exception’ Teach Us About Abortion”: Sherry F. Colb has this essay online today at FindLaw.
“Membership of New Guantanamo Review Panel May Be Challenged”: Jess Bravin had this article (pass-through link) yesterday in The Wall Street Journal.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Government defends war crimes case; Court rules issued.”
“Charges Near in Pa. Collar-Bomb Case”: The Associated Press provides a report that begins, “A woman might be charged in the nearly four-year-old case of a pizza deliveryman who, after he robbed a bank, was killed by a bomb locked around his neck, her lawyer said Tuesday.”
The Pittsburgh Post-Gazette provides a news update headlined “Charges may be announced in bomber case.”
And The Erie Times-News provides an update headlined “Diehl-Armstrong, Barnes to face charges in Wells case; Feds to make ‘significant announcement’ on Wednesday.”
“House votes to halt automatic raises for Pa. judges”: The Pittsburgh Post-Gazette provides this news update.
“[T]he federal sentencing guidelines treat shoplifting hundreds of times from different outlets of one store as less serious than shoplifting once from a dozen different stores”: The “Sentencing Law and Policy” blog has this post noting a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.
“Under legal attack in Pa., Nader smells political payback”: McClatchy Newspapers provide this report.
Should the U.S. Court of Appeals for the Sixth Circuit grant rehearing en banc to repudiate earlier three-judge panel decisions holding that a plaintiff must show reliance to maintain a civil RICO claim based on mail or wire fraud? A three-judge Sixth Circuit panel today issued this decision, in which each of the three judges wrote an opinion.
