As expected, the Supreme Court has turned down an emergency appeal from Leo Donofrio of East Brunswick, N.J. to intervene to bar President-elect Barack Obama from taking office due to the fact that he had British citizenship at birth.
Continue reading “Supreme Court Turns Down Donofrio Appeal”
Category: Congress

Nine-term Democratic Rep. William Jefferson has lost his reelection bid in a triumph for anti-corruption advocates. However, 47 percent of his district still wanted to send him back to Congress despite his well-earned indictment — almost the same percentage that wanted to send Sen. Ted Stevens back to Washington. The winner is Anh “Joseph” Cao, an attorney and community organizer, in the 2nd Congressional district. He will now be the first Vietnamese-American elected to Congress.
In an important vote, the Supreme Court has granted review in al-Marri v. Pucciarelli, 08-368. The case will return the issue of enemy combatants back before the Court with a new twist. The case would have to be argued by the Obama Administration, which will be given a clear opportunity to show whether all of the talk about change and civil liberties was just a pitch or true principle.
I will be discussing this case tonight on Rachel Maddow on MSNBC.
Continue reading “Supreme Court Grants Review in Al-Marri Enemy Combatant Case”


Attorney General Michael Mukasey has made new comments excusing both the unlawful surveillance program and the torture program. In his most recent statement, Mukasey dismisses the need for a pardon since “[t]here is absolutely no evidence anybody who rendered a legal opinion either with respect to surveillance or with respect to interrogation policy did so for any reason other than to protect the security of the country and in the belief that he or she was doing something lawful.” House Judiciary Committee Chairman Rep. John Conyers, D-Michigan, and Civil Liberties Subcommittee Chairman Jerrold Nadler, D-New York were irate and dashed off a letter demanding an explanation.

The Capitol Visitor Center has finally opened as a symbol of congressional over-runs and poor management. Years late and many millions over budget, the Center is a towering example of the inability of Congress to balance its own checkbook. The only problem may be stinking citizens and rotting souls. Senate Majority Leader Harry Reid has said that members will celebrate that they will no longer have to “smell the tourists” while Sen. Jim DeMint has denounced the building as being Godless.


With the unanimous vote of the bipartisan Minnesota Board of Canvassers against his demand for the counting of rejected ballots, Al Franken (D) is suggesting that he may ask the Senate (with a democratic majority) to simply order the counting of the ballots and hand him the victory over incumbent Sen. Norm Coleman (R-Minn.). It is the nuclear option in the Constitution and rarely used for obvious reasons.
Continue reading “Nuclear Option: Franken Lawyer Suggests He May Invoke Senate Option to Trump State Board”
Congratulations to everyone who regularly posts at this blog. Our blog has made the top 100 legal blogs in the annual survey by the ABA Journal. [OK, there is no trophy but I figured we needed something] The Journal is now taking votes on various categories from professor/legal theory blog (including this blog) and various other categories like crime and technology. This blog is in the top ten for professor/legal theory blogs and you can vote on the ranking by click vote now here.
Continue reading “Turley Blog Makes Top 100: Vote Now For Your Favorite Blogs”
Senator Ted Stevens (R. Alaska) appears to have avoided an expulsion vote in the Senate on Thursday by losing his seat in Alaska on Wednesday. The convicted felon had vowed to continue in office while challenging his federal conviction. The election, however, showed that roughly half of Alaskan remains pro-family and pro-felon.
Continue reading “Sen. Ted Stevens Loses in Alaska — Awaits Sentencing on Corruption Charges”
There was more speculation this weekend that Guantanamo Bay would be closed under President Barack Obama. However, there are also reports that some of this closest legal advisers are balking at the notion of serious investigations of abuses and torture under President Bush — a position previously voiced by close Obama adviser Professor Cass Sunstein during the campaign. I will be discussing the issue tonight on Countdown.
Jeffrey P. Rosato, a senior aide to Boxer and a senior policy adviser on the Senate Environment and Public Works Committee, was fired after his arrest for the distribution and receipt of child pornography. He is only the latest of government staffers to become entangled in such investigations.
Continue reading “Boxer Aide Arrested for Child Pornography”
There is growing speculation that President Bush will issue pardons for the unlawful domestic surveillance program and torture program in his waning days in office. Such a pardon would be welcomed not only by his allies but some Democrats who have previously blocked any serious investigation into alleged crimes by the Administration. The pressure for pardons may be increasing with some in the Democratic ranks are publicly talking about serious investigations. I discussed this with Rachel Maddow.
Continue reading “Will President Bush Issue a Blanket Pardon?”

Thank God the elections are finally heading to the courts — and legal commentators.
Sen. Norm Coleman (R-Minn.) has sued Democratic opponent Al Franken for defamation over Franken’s television ads claiming that Coleman is the fourth most corrupt senator in Washington. This would actually make for an interesting case.
Continue reading “Sen. Norm Coleman Sues Al Franken for Defamation”
For those who opposed the massive bailout, a report in the New York Times may be little surprise. A reporter was able to get into a telephone conference call with JPMorgan Chase to hear executives discuss the $25 billion it received from Congress. Just four days after the bailout, JPMorgan Chase’s chief executive, Jamie Dimon held the conference call during which an executive admitted that Chase has no intention to use the money to make new loans but instead will use it to try to take over other companies.
