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Friday, March 16, 2007 "Blame Bill: Once again, Republicans are using the Clinton dodge -- he did it too! -- to justify the Bush administration's unjustified firing of eight U.S. attorneys." Joe Conason has this essay today at Salon.com. At The American Prospect, Terence Samuel has an essay entitled "Going, Going, Gone: The White House bungling of the U.S. attorney firings shows how a once-fearsome administration has become a second-rate paranoid operation." And the April 2, 2007 issue of The Nation will contain an editorial entitled "The December 7 Massacre." "Accounts of Prosecutors' Dismissals Keep Shifting": This front page article will appear Saturday in The Washington Post. The New York Times on Saturday will report that "White House Delays Action in Inquiry on Attorneys." And McClatchy Newspapers provide reports headlined "Gonzales apologizes to prosecutors" and "Bedrock principle is at the center of U.S. attorneys controversy." Available online from law.com: An article reports that "Attorney Scandal Threatens Gonzales' Job; Attorney general tries to contain damage while new documents expose White House role in firings." In other news, "A New Headache for Courts: Blogging Jurors; Judges may have to warn about blogging in their jury instructions." And the brand new installment of my weekly "On Appeal" column is headlined "State of the Second Amendment: Does It Apply in the District of Columbia?" De minibus: Tonight's DVD feature (reviews available from The New York Times; RogerEbert.com; and Salon.com). Earlier entries in this blog's recurring "de minibus" feature can be accessed here; here; here; and here. Posted at 10:57 PM by Howard Bashman "Pennsylvania Courts Allowed to Order Cremated Remains To Be Divided": The Legal Intelligencer provides this news update (free access) about a ruling that the Superior Court of Pennsylvania issued earlier this week. Posted at 07:52 PM by Howard Bashman "A look at what's behind the U.S. attorney flap": McClatchy Newspapers provide this report. Posted at 07:45 PM by Howard Bashman "E-mails Tie Rove to Firings of U.S. Attorneys": This audio segment (RealPlayer required) appeard on today's broadcast of the public radio program "Here & Now." Posted at 07:44 PM by Howard Bashman "Senators Pay Heed to Prisoner Abuse Case": The Associated Press provides a report that begins, "Two senators who watched Khalid Sheikh Mohammed confess to planning the Sept. 11 attacks and other plots said Friday that his allegations of mistreatment by U.S. captors should be taken seriously." Posted at 07:42 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Justice Department in a State of Upheaval"; "Republicans Eye Fallout of Prosecutor Dismissals"; and "Method or Madness? Jury Decides Hamlet's Fate." And today's broadcast of "Day to Day" contained an audio segment entitled "U.S. Attorney Firings: Political Fallout." RealPlayer is required to launch these audio segments. "Scribes at the Marble Palace": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:40 PM by Howard Bashman "Neb. Court Says Bullying Was Stalking": The Associated Press provides a report that begins, "A teenager who called a schoolmate 'fat penguin' and other derogatory names in front of other students for months committed misdemeanor stalking, the state Supreme Court ruled Friday. The ruling overturned an appeals court finding that the 16-year-old's actions were intended only for his 'own juvenile amusement.'" You can access today's ruling of the Supreme Court of Nebraska at this link. "Sane or not, Hamlet a hit in Washington trial": James Vicini of Reuters provides a report that begins, "Sane or not sane? That was the question at Hamlet's trial presided over by a real U.S. Supreme Court justice late on Thursday, centuries after Shakespeare's fictional Prince of Denmark fatally stabbed the garrulous busybody Polonius." (Via "Above the Law"). Posted at 03:45 PM by Howard Bashman "US terror trial for 'Del Boy' Briton caught in FBI sting": On January 3, 2005, The Times of London published an article that begins, "The two men who stood in the presidential suite overlooking Newark airport gazed through the window at aircraft landing and taking off. They smiled at the prospect of blowing the aircraft out of the skies. Their conversation was conspiratorial and filled with hatred for the United States. 'The Americans are bastards,' said Hemant Lakhani, a Londoner who had flown in the night before from Heathrow. His host spoke of how he wanted to start a jihad (holy war) by blowing up passenger aircraft across America." And on September 13, 2005, the newspaper published an article headlined "OAP arms dealer jailed for 47 years." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a decision affirming Hemant Lakhani's conviction and 47-year sentence. In other press coverage of the case, CNN.com has previously provided reports headlined "Feds tell how the weapons sting was played" and "Man convicted of missile plot; Briton accused of trying to smuggle shoulder-held missiles." The Telegraph (UK) published articles headlined "Briton appears in US court accused of missile plot" and "My only crime is greed, says terror charge Briton." Time magazine published an article headlined "How Secure Are The Skies?" At Salon.com, Paul J. Caffera had an essay entitled "Terrorist threat or political hype? Top Bush administration officials called the bust of arms dealer Hemant Lakhani last week a major blow against terrorism; Security experts are skeptical." And the public radio program "This American Life" had a segment entitled "The Arms Trader." The U.S. Department of Justice's initial press release and criminal complaint are also available online. "White House Backs Off on Miers Scenario": The AP provides a report that begins, "The White House on Friday backed off its earlier contention that then-White House Counsel Harriet Miers first raised the idea of firing U.S. attorneys - an act that led to a firestorm of criticism of Attorney General Alberto Gonzales." Posted at 03:12 PM by Howard Bashman "'Bong' Banner Tests Student Free Speech": The Associated Press provides this report, along with a related item headlined "High Court to Hear Student Speech Cases." And Religion News Service provides a report headlined "'Bong Hits 4 Jesus' Case Finds Strange Legal Bedfellows" that begins, "It's not every legal conflict that brings together the American Civil Liberties Union, a gay rights group and conservative Christian law firms -- on the same side." "Appeals court rules UP doesn't have to cover contraceptives": The Associated Press provides a report that begins, "Union Pacific Railroad's policy of not covering contraceptives in its health plan didn't discriminate against women, the 8th Circuit U.S. Court of Appeals ruled Thursday. The railroad prevailed on appeal because its policy does not cover any contraceptives for men or women, so the court agreed Union Pacific did not violate the federal Civil Rights Act." My earlier coverage of yesterday's Eighth Circuit ruling can be accessed here. "Questions Build Over Lam's Ouster; Assessments of U.S. Attorney's Immigration Record Were Contradictory": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 10:32 AM by Howard Bashman "Cracks Grow in GOP Support for Gonzales": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:10 AM by Howard Bashman "[T]his raises the question of whether a lower court judge should base his ruling in an area of uncertainty on his prediction of how individual Justices currently on the Court would vote, rather than his own best judgment about what the law is or should be." So writes Law Professor Michael C. Dorf at "Dorf on Law" in a post titled "Raich, Pregerson & Prediction." I too have written on this interesting subject, most recently in the November 6, 2006 installment of my weekly "On Appeal" column for law.com headlined "Examining the 'Predictive' Model of Judging." "Death-row inmate can end his appeals": The Arizona Republic today contains an article that begins, "Arizona may be close to executing its first inmate in seven years. Death-row inmate Robert Charles Comer, 50, wants to die. On Thursday, a federal appellate court agreed that he should get his wish." And Reuters reports that "Court backs Arizona man's wish to be executed." My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here. "Rove may have had role in firings; E-mails show he raised questions early in 2005 about dismissing U.S. attorneys": The Los Angeles Times contains this article today, along with an article headlined "Cummins fears corruption investigation led to his firing." The Chicago Tribune today contains an article headlined "E-mails: Rove knew of mass firings plan; Early interest raises chance of subpoena." USA Today reports that "Rove inquiry on firing prosecutors raises questions; Plan's timeline increasingly murky." The newspaper also contains an editorial entitled "Calls for attorney general to resign miss real target." The Washington Times reports that "Funds sought after firings." The Washington Post contains an editorial entitled "'The Real Problem': How to get the full story on the dismissals of eight U.S. attorneys." In addition, columnist Eugene Robinson has an op-ed entitled "Memo to Gonzales." The Boston Globe contains an editorial entitled "Alberto Gonzales should go." The St. Petersburg Times contains an editorial entitled "Gonzales should go." And The New York Times contains an editorial entitled "Phony Fraud Charges." "School, family clash on teen's flashing folly; A mooner is fighting his punishment": This article appears today in The St. Petersburg Times. As I noted here in January 2007, appellate precedent teaches that flashing can have tragic consequences. "Aipac Judge Orders Open Arguments on Government Proposal": The New York Sun today contains an article that begins, "A federal judge in the trial of two former lobbyists for the American Israel Public Affairs Committee said yesterday that a government proposal for keeping classified information out of the public record has 'no precedent,' and he ordered open arguments on the matter." Posted at 08:07 AM by Howard Bashman "Judge cleared in accident that killed popular local cop": The New Haven Register today contains an article that begins, "A report by State's Attorney Michael Dearington found no reason to prosecute Senior U.S. District Judge John M. Walker Jr., who was driving the SUV that struck and killed police Officer Dan Picagli while Picagli was directing traffic Oct. 17 at Chapel and Academy streets. The report, delivered to the city and released Thursday night by Mayor John DeStefano Jr.'s office, concluded, 'It is the opinion of this office after considering all of the available information and pertinent statutes, there is nothing in the evidence to suggest intentional, negligent or reckless conduct on the part of Mr. Walker that would justify a criminal prosecution.'" And The Associated Press reports that "Bush cousin is cleared in officer's death." "Death penalty repeal fails; Senate panel's 5-5 vote ends bid to outlaw executions in Md." The Baltimore Sun contains this article today. In addition, columnist Jean Marbella has an op-ed entitled "Capital punishment holds shaky ground." And The Washington Post reports today that "Bid Fails To Repeal Death Penalty; Senate Committee Deadlocked in Md." "Two Senators Secretly Flew to Cuba for Alleged 9/11 Mastermind's Hearing": This article appears today in The Washington Post. The Los Angeles Times today contains articles headlined "9/11 mastermind says he killed Daniel Pearl; Khalid Shaikh Mohammed claims he cut off the head of the kidnapped American journalist" and "Was Khalid Shaikh Mohammed playing to the jury? Experts say the Sept. 11 mastermind's chatty testimony was intended to state his case to the American public." An editorial is entitled "From the terrorist's mouth: Khalid Shaikh Mohammed speaks candidly, and even regretfully, about masterminding 9/11, reminding us of the horrors of that day." And Rosa Brooks has an op-ed entitled "What impeccable timing, KSM! Khalid Shaikh Mohammed may have diverted attention from Alberto Gonzales, but the 9/11 plotter's testimony exposes the flaws in Bush's 'war on terror.'" USA Today reports that "9/11 mastermind says he beheaded reporter; Transcript change made after family of Pearl notified." The Washington Times reports that "Detainee admits beheading Pearl, plotting attacks." The Boston Globe contains an editorial entitled "Elevating a terrorist killer." And The Wall Street Journal contains an editorial entitled "KSM's World War: What his confession says about our enemy--and us" (free access). "Lawyer Who Demanded Payments From Wife's Lovers Convicted on 3 Counts; Attorney's wife, also a lawyer, awaits trial on the same charges": law.com provides this report. Posted at 07:44 AM by Howard Bashman "Lawyer Likely To Receive $3M From Holocaust Settlement": Today in The New York Sun, Joseph Goldstein has an article that begins, "In spite of opposition from a number of American Holocaust survivors, a law professor is likely to get $3.1 million in legal fees for his work in administering one of the largest World War II-related court settlements." And law.com reports that "$3 Million Fee Suggested for Neuborne for Work on Holocaust Survivor Issues." "The Supreme Court Denies Coloradans Standing to Challenge the State's Congressional Districting: Avoiding a Controversial Ruling Through a Jurisdictional Doctrine." Vikram David Amar has this essay today at FindLaw. Posted at 07:28 AM by Howard Bashman  
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