How Appealing



Saturday, February 28, 2009

“Feds defy judge’s order in Islamic group case”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court rejected the Obama administration’s attempt Friday to stop a judge in San Francisco from reviewing a challenge to the wiretapping program ordered by former President George W. Bush. Hours later, President Obama’s Justice Department filed papers that appeared to defy the judge’s order to allow lawyers for an Islamic organization to see a classified surveillance document at the heart of the case. The department said the judge had no power to enforce such an order.”

Today in The Los Angeles Times, Carol J. Williams reports that “Wiretapping lawsuit may have its day in court; The Obama administration had tried to halt a case challenging Bush’s program of spying on terrorism suspects without first getting court approval.”

Marisa Taylor of McClatchy Newspapers reports that “Court rules that warrantless surveillance suit can proceed.”

And at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Appeals Court Allows Classified Evidence in Spy Case.”

You can view yesterday’s Ninth Circuit order by clicking here.

Posted at 11:59 PM by Howard Bashman



“Indefinite delay in Bonds perjury trial”: Lance Williams has this article today in The San Francisco Chronicle.

Today in The Los Angeles Times, Maura Dolan reports that “Barry Bonds trial to be delayed; Federal prosecutors’ appeal of judge’s ruling to exclude evidence is expected to delay the start of the perjury trial by several weeks, perhaps months.”

Howard Mintz of The San Jose Mercury News reports that “Barry Bonds trial postponed after prosecutors decide to appeal judge’s ruling.”

And The New York Times reports that “Prosecutors to Appeal Evidence Ruling; Bonds Trial Faces Delay.”

Posted at 11:58 PM by Howard Bashman



“Virginian retains disputed copy of Declaration of Independence”: Frank Green has this article today in The Richmond Times-Dispatch.

The Washington Post reports today that “Decision Signed, Sealed: Fairfax Man Owns Rare 1776 Copy of Declaration.”

And The Portland (Me.) Press Herald reports that “Maine loses fight for rare piece of history; Virginia’s high court allows a collector to keep a 1776 copy of the Declaration of Independence.”

You can access yesterday’s ruling of the Supreme Court of Virginia at this link.

Posted at 11:55 PM by Howard Bashman



“Illinois’ highest-security prison a study in isolation; The state’s most dangerous inmates live with sparse human contact, no jobs and little chance for education at Tamms”: This article appears today in The Los Angeles Times.

Posted at 11:50 PM by Howard Bashman



“Court rules to protect identities in online libel case; Decision Internet forum comments sets guidelines for future cases”: The Baltimore Sun today contains an article that begins, “Maryland’s Court of Appeals issued a decision yesterday protecting the identity of three anonymous Internet posters and, for the first time, offering guidelines for state courts to follow in libel cases before unmasking online commenters.”

And The Washington Post reports today that “Media Need Not Reveal Web Posters’ Identities; Ruling Applies 1st Amendment to Internet.”

You can access yesterday’s ruling of the Court of Appeals of Maryland — that State’s highest court — at this link.

Posted at 11:42 PM by Howard Bashman



“Obama facing tough decisions on Guantanamo; Defenders and detractors of the detention camps at Guantanamo Bay are bringing pressure to bear on the Obama administration to make some tough decisions”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 11:34 PM by Howard Bashman



“Lest Ye Be Judged: Does America need protection from its out-of-control judges?” Dahlia Lithwick will have this essay in the March 9, 2009 issue of Newsweek.

Posted at 10:24 AM by Howard Bashman



Friday, February 27, 2009

“‘Enemy combatant’ expected to be charged; The move in the case of Ali Saleh Kahlah Marri may be timed to avoid a showdown in the Supreme Court”: Josh Meyer and David G. Savage have this article today in The Los Angeles Times.

Today’s edition of The Washington Post contains an article headlined “‘Combatant’ Case to Move From Tribunal To U.S. Court.”

The New York Times reports that “U.S. Will Give Qaeda Suspect a Civilian Trial.”

And The Peoria Journal Star provides a news update headlined “Al-Marri indicted on terrorism-related charges; Justice Department seeks dismissal of complaint he filed.”

Posted at 10:02 PM by Howard Bashman



“Bonds’ perjury trial delayed indefinitely”: Lance Williams of The San Francisco Chronicle has a news update that begins, “Federal prosecutors indefinitely postponed Barry Bonds’ trial on perjury charges Friday while they appeal a judge’s ruling that put alleged positive steroid tests and other key evidence off limits. The move, announced three days before the trial was to begin, could delay the case for months, legal experts said.”

Posted at 9:40 PM by Howard Bashman



“No harm in Pa. pay raise, court rules”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “A panel of federal judges yesterday upheld a lower court decision dismissing claims that state lawmakers and top members of the judiciary conspired to enact the controversial 2005 pay raise.”

My earlier coverage of yesterday’s Third Circuit ruling appears at this link.

Posted at 9:37 PM by Howard Bashman



“U.S. would leave detention power unsettled”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Obama Administration asked the Supreme Court on Friday afternoon to end the case of an individual captured and held in the U.S. as a terrorism suspect, but did not tell the Court that it is abandoning the claim that it has power to do so.”

Posted at 6:55 PM by Howard Bashman



“Why Are Court Docs Still Behind Paid Firewall, Joe Lieberman Wants To Know”: This afternoon at Wired.com’s “Threat Level” blog, Ryan Singel has a post that begins, “The head of a powerful Senate committee wants the federal courts to explain why its online database still charges eight cents a page for court documents, and why many of those documents still contain social security numbers and other sensitive information.”

The Senator’s letter to the Chair of the U.S. Courts Committee on Rules of Practice and Procedure can be accessed here.

Posted at 3:57 PM by Howard Bashman



“Court rejects Obama bid to stop wiretapping suit”: The Associated Press has a report that begins, ” The Obama administration has lost its argument that the state secrets privilege is a good enough reason to stop a lawsuit over the government’s warrantless wiretapping program. A federal appeals court in San Francisco has rejected the Justice Department’s request for an emergency stay. The Obama administration, like the Bush administration before it, claimed that national security would be compromised if a lawsuit brought by the U.S. chapter of an Islamic charity was allowed to proceed.”

Posted at 3:47 PM by Howard Bashman



“Possible delay in Bonds’ perjury trial”: Lance Williams of The San Francisco Chronicle has a news update that begins, “The government may delay Barry Bonds’ trial on perjury charges to appeal a judge’s ruling that put key evidence off limits, a prosecutor said Friday.”

Howard Mintz of The San Jose Mercury News has an update headlined “Barry Bonds judge: Anderson will go to jail again if he refuses to testify.”

The Associated Press reports that “Feds to decide on appeal of Bonds evidence ruling.”

And earlier, law.com published an article headlined “Will Feds Swing at Bonds, or Run to Umpires?

Posted at 3:44 PM by Howard Bashman



“Va. Supreme Court says collector can keep Declaration of Independence copy”: Frank Green of The Richmond Times-Dispatch has a news update that begins, “A wealthy Fairfax County collector can keep a rare copy of the Declaration of Independence claimed by the small Maine town where it was sent in 1776, the Supreme Court of Virginia ruled this morning.”

And The Associated Press has a report headlined “Court: Va. man owns 1776 copy of Declaration.”

You can access today’s ruling of the Supreme Court of Virginia at this link.

Posted at 11:14 AM by Howard Bashman



“Pentagon report on Guantanamo detainees: incomplete? The Pentagon should have included more laws in its assessment of conditions, some experts argue.” Warren Richey has this article today in The Christian Science Monitor.

Posted at 10:34 AM by Howard Bashman



“Lawyer says Kent deserves pension”: Today in The Houston Chronicle, Mary Flood has an article that begins, “Judge Samuel Kent is a psychologically broken man who served well on the bench for 18 years and deserves mercy and his pension, his lawyer said Thursday.”

And today in The Times-Picayune of New Orleans, columnist James Gill has an op-ed entitled “Most likely to be impeached?

Posted at 7:45 AM by Howard Bashman



“The Supreme Court Decides an Important Case the Wrong Way: Why It Held that the Government Lacked the Power to Become a Trustee on Behalf of the Narragansett Tribe of Indians.” Edward Lazarus has this essay online at FindLaw.

Posted at 7:40 AM by Howard Bashman



Thursday, February 26, 2009

“Sources: Feds moving al-Marri to Illinois court.” The Peoria Journal Star has a news update that begins, “Nearly six years after he was whisked away after being named an enemy combatant, it appears Ali Saleh Kahlah al-Marri will come back to the land of Lincoln.”

Posted at 8:30 PM by Howard Bashman



“Appeals court declines to revive pay raise lawsuit”: The AP has a report that begins, “A federal appeals court Thursday declined to reinstate a lawsuit over how a state government pay raise law was rammed through the Pennsylvania Legislature nearly four years ago. The 3rd U.S. Circuit Court of Appeals upheld a Harrisburg-based district court judge’s decision in 2006 to throw out the lawsuit by Common Cause of Pennsylvania and others, saying the plaintiffs lacked legal standing to sue.”

My earlier coverage of today’s Third Circuit ruling appears at this link.

Posted at 8:25 PM by Howard Bashman



“Stevens: No White House oath needed for justices.” Jesse J. Holland of The Associated Press has a report that begins, “Justice John Paul Stevens said Thursday Supreme Court justices shouldn’t take their judicial oaths at the White House, calling it ‘inappropriate symbolism’ for an independent branch of government.”

Posted at 8:02 PM by Howard Bashman