Sen. Claire McCaskill (D., Mo.) has introduced legislation that would declare that any child born abroad to citizens serving in the United States military to be natural born citizens for the purposes of the constitution. It is a admirable bipartisan effort to resolve any questions about McCain’s eligibility under Article II. However, it is not the first time such legislation has been introduced and it is not clear if it would be sufficient. Continue reading “Legislation Introduced to Remove McCain’s Panama Problem in Seeking Presidency”
Category: Congress
Attorney General Michael Mukasey waited until late Friday to announce that he will block any prosecution of Bush officials for contempt of Congress. Mukasey’s protection of White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers could trigger a major inter-branch fight and advances yet another extreme legal interpretation of executive authority by the Bush Administration. It is not surprising, therefore, that he waited until late on a Friday to try to minimize media scrutiny of this controversial decision. Continue reading “Mukasey Blocks Any Prosecution of Bush Officials for Contempt of Congress”
John McCain’s possible election could trigger review under an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Due to the bar on advisory opinions, this issue might not be ripe for review until after the general election, triggering another Bush v. Gore moment in the high court. Ted Olson has even been retained for the possible fight to complete the scene for a Supreme redux. Continue reading “McCain’s Constitutional Dilemma: Native Son But Not Natural Born?”
The Connecticut Supreme Court has issued an interesting ruling that bars the widow of a judge from suing under a law designed to benefit her alone. It is like a reverse bill of attainder ruling: barring selective special benefits as opposed to punishment in legislation. Continue reading “No Special Compensation for Widow of Worked-To-Death Judge”
The expected nomination of John McCain has been eagerly anticipated by constitutional scholars, not because of political support but selfless academic interest. McCain’s election would trigger review of an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Continue reading “Does John McCain Have an Alexander Hamilton Problem? A Constitutional Challenge May Loom Over McCain’s Eligibility for President”
Roger Clemens’ decision to testify before Congress without immunity was a considerable risk designed to protect his legacy. He may now lose both his legacy and his liberty. House Oversight and Government Reform Committee chairman Henry Waxman and ranking Republican Tom Davis sent a letter to Attorney General Michael Mukasey asking for a criminal investigation into whether Clemens gave false information to Congress in the investigation in to the use of performance enhancing drugs. Continue reading “Congress Refers Clemens Matter to the Justice Department for Criminal Investigation”
A Tortured Defense;
The guessing game is over. We know the U.S. government OK’d and utilized waterboarding. So what — if anything — are we going to do about it? Continue reading “The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding”
Defense Department General Counsel William Haynes has resigned after a disclosure by the former chief prosecutor for the Guantanamo military commissions, Col. Morris Davis, involving Haynes’ view of the true function of the military trials: to blindly impose guilty verdicts. Davis revealed that Haynes insisted that the military tribunals only produce convictions and no acquittals — leading to the demand of various military lawyers to be transferred. Haynes is the very same person that the White House and GOP fought to be made a federal judge. Continue reading “Top Bush Official Resigns After Reports that He Demanded Only Convictions from the Military Tribunals”
After proclaiming that the nation’s security was in imminent danger due to the refusal to give telecommunication companies immunity, the Bush Administration has backed off the claim and now says that there has been no interruption in intelligence. Nevertheless, the Administration has continued to argue that that it is ultimately a choice between giving financial protection to corporations or risk a massive terrorist attack. Continue reading “Administration Backs Off Claim of Imminent National Security Threat in Bid to Get Immunity for Telecom Companies”
The fact that Jamie Lee Spears became pregnant as a minor is generally treated as an entertainment story rather than a case of child molestation for her adult boyfriend. However, even minors are now being subject to registration as sexual predators for fondling and other sexual acts with other minors under a federal law passed with the support of various members, including disgraced ex-Rep. Mark Foley (R. Fla). It is the called the Adam Walsh Child Protection and Safety Act of 2006 and various states are now being compelled to put juvenile names into the system over the objections of many child advocates. Continue reading “Federal Law Compels States to Register Minors on Sex Offender Registry”
U.S. District Judge suspended the trial date for U.S. Rep. William Jefferson pending his appeal. Jefferson has filed a novel challenge over the use of privileged material in the grand jury that led to his indictment on corruption charges. Continue reading “Jefferson Trial Suspended Pending Appeal”
Despite confirmation of waterboarding by the Administration and the existence of a torture program, Attorney Michael Mukasey continues to refuse to acknowledge that waterboarding is a crime and has blocked any criminal investigation that would implicate the President in the commission of a war crime. Now, Democrats are heralding an internal investigation that promises nothing beyond a low-grade ethics review with no likely action against individual lawyers. Continue reading “No Crime, Just Bad Counsel? Justice Department Conducts Internal Ethics Review on the Torture Memos”
An eleven-year-old boy may have just struck out pitching legend Roger Clemens. Photos have surfaced from a party given by Jose Canseco in 1998 — taken by one of the children. They purportedly show Clemens at the party, which Clemens vehemently denied in sworn testimony in hearings on the use of performance-enhancing drugs in baseball. Baseball legend Jose Canseco may also be at risk in this disclosure. Continue reading “Beware of 11-Year-Olds with Cameras: Pictures Reportedly Contradict Testimony of Roger Clemens”
GOP Rep. Rick Renzi (Ariz.) has been indicted on charges of fraud in questionable land deals as well as money laundering. The former member of the House Intelligence Committee faces a very stiff challenge given the specificity of this indictment. Continue reading “Arizona Rep. Rick Renzi Indicted for Fraud and Other Charges”
As the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption in torts in Riegel v. Medtronic. Continue reading “Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling”