Sen. Craig emerged today to declare “I am not gay. I never have been gay.” There is now an indication that he is thinking of pursuing efforts to throw out his plea — after finally speaking with lawyers that he failed to find before his plea. The press conference adds a bizarre twist to an already bizarre story.
For details, click here
For the video, click here
According to Roll Call, Sen. Craig’s insistence that he would not have pleaded guilty if he had consulted an attorney is a dubious defense. Craig had days before his guilty plea in June and during that period, documents indicate that he asked for a contact at the airport for his lawyer to call. It is not clear that his lawyer actually made that call, but clearly Craig had the time and inclination to do so.
Ironically, I believe Craig could have benefitted from counsel. Continue reading “Sen. Craig and the Right to Counsel”
Sen. Craig is not viewed as one of the legislators who routinely raises civil liberties and protections for the criminal accused. However, after pleading guilty to criminal charges in Minneapolis, he insists that he should have consulted with an attorney. Continue reading “Sen. Craig Pleads Guilty to Criminal Charge for Disorderly Conduct in an Airport Bathroom”
Associated Press is reporting that the House is refusing access to Mark Foley computer as congressional work product. This is part of the debate over the Jefferson raid that I testified on in the House Judiciary Committee. For the testimony, click here. The House is saying that it is up to Foley to release the papers, which I think is only partially true. There are other options and the House could release the computer records under some circumstances. It is a crime in Florida to engage in sexually explicit communications or solicit sex with a minor. One possibility is for the House to use a congressionally approved filter team — something Foley could agree to.
For the story, click here
CNN is reporting that American officials are rethinking whether democracy can work in Iraq. What is more interesting if the failure to try a true Madisonian approach in that country. As in Afghanistan, officials yielded to traditional notions of government rather than advocate the system that has lead to the most successful and stable democracy in history. The problem in Iraq is that we attempted to create the appearance of a democratic system without the necessary static elements.
<a href=”“>For the CNN story, see this link.
Published May 2002
Constitutional scholars and weatherman share an unstated fascination with the worst conditions; the freak storms that join together to release fantastic energy and fireworks. A fight is brewing in Washington this week that may produce such a perfect constitutional storm. All three branches of government are now colliding over the question of who controls access to presidential papers. The outcome of this fight, however, may also redefine aspects of executive privilege as well as core principles of open government.
Continue reading “Bush, Presidential Records Act, and History”
Published April 12, 2002
One of the most interesting facts about George Orwell, author of 1984 and Animal Farm, is that he was not George Orwell. The man who created a society of total transparency and observation chose to conceal his own name, Eric Blair. Authors like Blair, Mary Ann Evans (George Eliot) and Samuel Clemens (Mark Twain) adopted nom-de-plums for a variety of reasons ranging from persecution to prejudice to privacy. Continue reading “Anonymity and the Constitutional Right to be Nameless”
Published April 5, 2002
This month, Associate Justices Stephen Breyer, Anthony Kennedy, and Antonin Scalia faced a challenge that any union field organizer could well appreciate. In a little reported opinion, these three justices lamented the failure of their colleagues to join them in taking a case over judicial compensation and reinforcing their position vis-à-vis their employer. In a case filed by federal judges, these three justices saw the case as a challenge to judicial independence by Congress but faced deafening silence from their other six colleagues. Writing a rare dissent in the Court’s declination of review in Williams v. United States, Justice Breyer revealed a solid core of support for reviewing, and possibly reshaping, a fundamental clause in Article III. Continue reading “COLAs, the Courts, and the Constitution”
Published March 18, 2002
Like Blanche DuBois in A Streetcar Named Desire, former President William Jefferson Clinton is someone that has “always depended on the kindness of strangers.” This certainly seems to be the case with Independent Counsel Robert Ray who, back in January 2001, cut Clinton a deal to avoid criminal charges in the Lewinsky matter. Now, with the release of his final report, it turns out that career prosecutors in the Ray’s office concluded that Clinton could not only be charged on the evidence but could have been convicted on the basis of that evidence. What is most troubling is that the report seems to confirm Clinton’s belief that his position, and not the evidence, would dictate the outcome of any criminal investigation. Continue reading “Bill Clinton and the Blanche DeBois Defense”
Published March 11, 2002
LOTTERY systems are simply irresistible for many citizens. While most people realize that playing a lottery is more recreational than rational, it is a small sum to enjoy the fleeting possibility of a windfall fortune. But what if the stakes were increased to play for your life? As bizarre as this suggestion might seem, millions of travelers participate in precisely that type of lottery each month. After Sept. 11th, the airlines decided to rely a random search program rather than using a comprehensive profile selection system. As a result, 40 million air travelers each month, participate in a system that has as low a chance of success as a state lottery with their lives in the balance. Continue reading “Passenger Profiling and the Terrorist Lottery”
Published Feb. 28, 2002 /
IN watching the Enron hearings, it seems a shame that we do not have a live analyst like Olympic skating events to describe the sheer brilliance of some of the moves of the members. Without a guide, a viewer is often unaware of the level of difficulty of previously Enron-sponsored members performing demonstrations of public interest. For these members, the transformation from Enron advocates to public advocates is akin to a triple-axel jump while holding an over-stuffed bank bag. Continue reading “Congressional Corruption and the Managing of the Enron Scandal”
Published Feb. 14, 2002
A YEAR after the presidential election, some liberal Democrats still appear to be slowly moving through the stages of loss first defined by psychiatrist Elizabeth Kubler-Ross: denial, anger, bargaining, depression, and acceptance. A recent proposal from former Clinton White House Counsel Abner Mikva would suggest that some Democrats remain mired somewhere between denial and bargaining. Continue reading “Abner Mikva and Living in Constitutional Denial”
Published Feb. 5, 2002
AFTER months of “daisy cutters,” B-52 bombings and lightning special operation raids, the United States has deployed its most destructive weapon: The lawyers have landed in Afghanistan. Continue reading “Wartime Compensation: The New Bomb and Buy Policy”
Published an. 25, 2002
THIS week marked the return of America’s most curious prodigal son. The long-waited transfer of John Walker Lindh to federal custody has focused the nation’s attention on what to do with the 20-year-old jihadi from Marin County. Regardless of Lindh’s potential criminal liability, there remains the question of his right to be called an American citizen, a son of the nation that he abandoned. Continue reading “John Walker Lindh and the Right to Citizenship”