“Waterboarding Is Torture, Holder Tells Senators; Justice Dept. Nominee Rejects Bush-Era Policies but Stresses Bipartisanship”: This article will appear Friday in The Washington Post.
Friday’s edition of The New York Times will report that “Nominee Wants Some Detainees Tried in the U.S.”
The Los Angeles Times provides a news update headlined “Holder calls waterboarding torture, vows Justice reforms; Obama’s nominee for attorney general tells confirmation hearing he will counter political interference; Holder says he is trying to figure out what to do with Guantanamo detainees.”
McClatchy Newspapers report that “Obama’s attorney general pick calls waterboarding torture.”
The Christian Science Monitor reports that “Holder denounces waterboarding, other forms of ‘torture’; Says an assessment of past political interference with the Justice Department ‘has to be done.’”
law.com reports that “Holder Sets Tone as Confirmation Hearings Begin.”
From National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Holder Calls Waterboarding Torture.” Today’s broadcast of “Day to Day” contained an audio segment entitled “What’s Holding Up Eric Holder?” (featuring Dahlia Lithwick). And yesterday’s broadcast of “All Things Considered” contained an audio segment entitled “Holder May Face Grilling At Confirmation.” RealPlayer is required to launch these audio segments.
Finally, online at Slate, Dahlia Lithwick has an essay entitled “Holder Steady: The Senate confirmation hearings prove bruising chiefly for Al Gonzales.”
“Outgoing CIA director defends detainee interrogation program”: Jonathan S. Landay of McClatchy Newspapers provides this report.
And in related news, The Associated Press reports that “Gitmo detainee lawyers raise torture allegations.”
“Modesty and Power: The Problem With Judicial Review.” In the current issue of The New Republic, Seventh Circuit Judge Richard A. Posner has this review of Philip Hamburger‘s new book, Law and Judicial Duty.
“Judge dismisses spring break smut suit”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “When Julie Amanda Tilton went to Daytona Beach during spring break, she competed in a number of risque contests at a local motel before hundreds of observers, some taking photos. The Florida woman eventually filed a federal lawsuit after learning that footage of the contests had been posted on the Internet. But on Thursday, the federal appeals court in Atlanta ruled against Tilton, effectively ending her suit seeking damages from the hotel, the owner of a video company and others.”
Circuit Judge William H. Pryor, Jr. wrote today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel.
The appellate court’s opinion begins, “This appeal concerns whether videos and photographs of Julie Amanda Tilton participating in activities during spring break in Daytona Beach, Florida, when she was seventeen years and ten months old, involve ‘sexually explicit conduct.'”
“Jackson To Serve as Acting Dean of Harvard Law School”: The Harvard Crimson provides a news update that begins, “Howell E. Jackson, the former vice dean for budget at Harvard Law School, will serve as the acting dean of the Law School upon the United States Senate’s confirmation of Dean Elena Kagan as U.S. Solicitor General, University President Drew G. Faust announced today.”
Harvard’s official announcement can be accessed here.
One interesting tidbit from the Kozinski-Lat podcast that I linked to last night: At twenty-three minutes and forty seconds into the recording (56.1MB mp3 audio file), Chief Judge Alex Kozinski observes that the U.S. Court of Appeals for the Ninth Circuit is not only the westernmost, northernmost, and southernmost circuit, but it’s also the easternmost circuit.
So take that, U.S. Supreme Court — you may get to have the last word on legal issues, but the Ninth Circuit’s got you surrounded!
“More Charges Sought in Wone Murder Investigation”: This post appears this afternoon at “The BLT: The Blog of Legal Times.”
“Appeals court sides with J&J in stent dispute”: The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
“You got it wrong,” the Seventh Circuit tells the First, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits: Today the U.S. Court of Appeals for the Seventh Circuit refuses to become the eighth circuit to hold that a federal district court may sentence someone to serve time in a “residential reentry center” as a discretionary condition of his supervised release in disregard of the plain language of 18 U.S.C. sec. 3583(d), which, at the relevant time, specifically omitted this condition from a list of permissible discretionary conditions.
Because the federal government is on the losing side of today’s ruling, this case appears to be quite cert.-worthy should U.S. Supreme Court review be sought.
“Smiling Photos from Inside the Supreme Court”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
Update: The web site of the Office of the President-Elect has posted high-resolution photos from yesterday’s visit here, here, and here.
“One of Minnesota’s largest law firms is before us, requesting that we overturn judgments that it committed legal malpractice and breached fiduciary duties owed to a client.” So begins a lengthy opinion that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
“Intelligence Court Rules Wiretapping Power Legal”: Eric Lichtblau of The New York Times has a news update that begins, “A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans’ private communications may be involved, according to a person with knowledge of the opinion.”
Update: You can now access online the redacted opinion (for alternate download source click here) and the order (for alternate download source click here) making the opinion public. Senior First Circuit Judge Bruce M. Selya, in his capacity as Chief Judge of the United States Foreign Intelligence Surveillance Court of Review, is the author of the opinion.
“Bush allies take aim at Guantanamo Bay detainee policies; Guantanamo Bay detainee policy suffered several setbacks from Bush appointees and allies as the administration winds down”: Carol Rosenberg has this article today in The Miami Herald.
“Appeals court weighs Manuel Noriega’s challenge of extradition order; The fate of Panama’s jailed general, Manuel Antonio Noriega, is now in the hands of a federal appeals court”: Jay Weaver has this article today in The Miami Herald.
“Tribes want more American Indians on federal bench”: The Associated Press provides a report that begins, “Leaders of California’s politically powerful Indian tribes are pressing the incoming Obama administration to appoint more American Indians to the federal judiciary. Nearly 900 judges sit on the federal bench throughout the country, but government records show only one claims American Indian ancestry: Frank Howell Seay, a senior district judge in Oklahoma.”
“Evidence Is Valid, Despite Police Error; Rights Were Not Violated, Justices Rule”: Robert Barnes has this article today in The Washington Post.
Today in The Los Angeles Times, David G. Savage reports that “Supreme Court loosens law on illegal searches; The high court rules in a 5-4 opinion that evidence from an illegal search can be used if an officer makes an innocent mistake.”
And in USA Today, Joan Biskupic reports that “Court OKs using evidence from search arising from error.”
“Let some Guantanamo Bay detainees live in U.S., advocates say; For countries to feel comfortable taking prisoners off American hands, the U.S. has to show it is OK by taking some itself, human rights advocates say; The Obama team is considering the move”: The Los Angeles Times contains this article today.
The Washington Post reports today that “Citing Weak Evidence, Judge Orders Guantanamo Detainee Freed.”
And The New York Times contains a news analysis headlined “Torture Acknowledgment Highlights Detainee Issue.”
“Anaheim ends legal battle over renaming of Angels; The city had sued after owner Arte Moreno changed that name to Los Angeles Angels of Anaheim but lost rounds in Superior Court and state appellate court; The fight cost the city $4 million”: This article appears today in The Los Angeles Times.
And The Orange County Register reported yesterday that “Anaheim decides to end fight over Angels name; Council member says vote was unanimous to stop pursuing legal case.”
“Of Judges, By Judges, For Judges”: Today in The Washington Post, columnist George F. Will has an op-ed that begins, “In November, 13,402,566 California voters expressed themselves for or against Proposition 8, which said that their state’s Constitution should be amended to define marriage as a relationship between a man and a woman.”
“Obama and Biden Visit Supreme Court”: Robert Barnes has this article today in The Washington Post.
And today in The Los Angeles Times, David G. Savage reports that “Obama, Biden make pre-inaugural visit to the Supreme Court; Not all justices appear at the get-acquainted session: Absent is Samuel A. Alito Jr., who has voiced lingering anger over Senate Democrats who opposed his confirmation in 2006.”
“Webcam to cover music suit; High-interest case gets first court OK”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “In the first such ruling in the federal judiciary in Massachusetts, a judge in Boston agreed yesterday to allow video cameras in the courtroom to provide live Internet coverage of a high-interest lawsuit against a Boston University graduate student accused of downloading music illegally.”
“Parties Brace for a Fight on Justice Dept. Choice”: Eric Lichtblau has this article today in The New York Times. The newspaper also contains an op-ed from various notable contributors entitled “Questions of Justice.”
USA Today reports that “Holder is likely to face tough questions today; Republicans focus on pardon role.” The newspaper also contains an editorial entitled “Can Holder restore Justice?”
The Boston Globe reports that “Grilling expected at AG nominee hearing; Fight over Holder illustrates division on Senate panel.”
The Associated Press reports that “Holder to face Senate, admit past mistakes.”
The Washington Post contains an editorial entitled “Mr. Holder and Pardons: The attorney general nominee must explain his role.”
And today in The Wall Street Journal, Arlen Specter and Edwin Meese III have an op-ed entitled “Even Businessmen Deserve a Lawyer: How Eric Holder enabled federal prosecutors to bully defendants.”
Today’s U.S. Senate Judiciary Committee confirmation hearing for Attorney General nominee Eric Holder is scheduled to begin at 9:30 a.m. eastern time and will be shown on C-SPAN3 (click here to view live using RealPlayer; click here to view live using Windows Media Player).
“3 Victims’ Families Ask Judge to Release Trove of Documents on 9/11 Attack”: The New York Times contains this article today.
“Religious Groups Seek Swift Ban From Obama on Torture”: This article appears today in The New York Times.
“The Minnesota Recount Was Unconstitutional: There’s still plenty of time for the state to get it right.” Law professor Michael Stokes Paulsen has this op-ed today in The Wall Street Journal.
Too clever by half? After winning a noteworthy victory in the Eleventh Circuit against federal prosecutors, crime victims now seek to twist the knife. Law professor Paul Cassell posted this motion to strike the prosecution’s rehearing petition yesterday here at “The Volokh Conspiracy.”
“US court nixes state sex offender’s registration”: The Associated Press provides a report that begins, “A man who sent obscene material to minors over the Internet is not required to register as a sex offender because his particular crime was not on the list in the federal statute mandating registration, a three-judge federal panel ruled Wednesday. In a 2-1 decision, the 11th U.S. Circuit Court of Appeals panel overturned an order by U.S. District Judge Callie V.S. Granade of Mobile, Ala.”
At issue in the case is whether, under the Sex Offender Registration and Notification Act (SORNA), a man who transmitted obscene material to persons he believed to be minors thereby engaged in conduct that constitutes a “sex offense against a minor.”
Given the composition of yesterday’s divided three-judge panel, and the fact that a federal district judge sitting by designation cast the deciding vote, I would not be surprised if the U.S. Court of Appeals for the Eleventh Circuit granted rehearing en banc in the case.
You can access yesterday’s Eleventh Circuit ruling at this link.
“Georgia’s voter ID law upheld in federal appeals court ruling; Lawsuit dismissed: Panel says state needn’t prove fraud exists, citing U.S. Supreme Court decision on Indiana voter ID law.” Bill Rankin has this article today in The Atlanta Journal-Constitution.
Circuit Judge William H. Pryor, Jr. wrote yesterday’s opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
“The California Supreme Court Holds that Good Samaritans Providing Nonmedical Aid Can Be Held Liable If They Act Negligently”: Anthony J. Sebok has this essay online at FindLaw.
