The Senate Democrats have again caved on the issue of torture, unanimously confirming
Chicago federal Judge Mark Filip to be the second-in-command at the Justice Department despite his refusal to answer the simple question whether waterboarding is torture — a fact established by U.S. and international courts. As with the telecom immunity controversy, the Senate delayed the vote to suggest that they were actually taking a stand on torture and then voted with the White House to avoid a final confrontation on the question. Continue reading “Senate Unanimously Confirms Filip for No. 2 Position at Justice Depsite His Refusal to Answer Torture Question”
Category: Constitutional Law
Mukasey’s Paradox;
On further review, his manipulations on torture and contempt are a beautiful, twisted thing. Continue reading “Mukasey’s Paradox”
According to Amnesty International, the good people in the Iranian justice system are about to add another outrage from their prehistoric legal system. The group says that two gay men, Tayyeb Karimi and Yazdan, will soon be killed by throwing them off a cliff. The group estimates that 4000 lesbians and gay men have been executed since the Iranian revolution. Continue reading “Iran to Kill Two Gay Men By Throwing Them Off Cliffs”
Civil libertarians are alarmed by Sunday’s interview with the House Intelligence Committee chairman Rep. Silvestre Reyes, suggesting that the House may surrender on the telecom immunity question. For a short period of time, it appeared that for once members of Congress would actually stand on principle and refuse immunity. Now, Reyes is saying that he is open to “compromise” and that a deal may be close. Continue reading “House Intelligence Chairman Indicates that House May Capitulate on Telecom Immunity”
A divided Virginia Supreme Court upheld the conviction Jeremy D. Jaynes under the state’s 2003 Anti-Spam Act. While many of us hate to admit it, he may have a point that the law is constitutionally flawed. This is one that may be heading to the Supreme Court. Continue reading “Spam and the First Amendment: Virginia Supreme Court Upholds Anti-Spam Law”
All of the major candidates – including Clinton, Obama, McCain, and Huckabee – have made plays for the religious vote by voicing positions on faith and seeking the endorsement of religious leaders. However, they are also discovering that mixing politics and religion is a risky business. This week, both McCain and Obama face some serious baggage that came with religious allies. Continue reading “Getting Entangled in Church-State Relations: Faith-Based Politics Causes Problems for the Leading Presidential Candidates”
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”
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?”
To say the least, I am getting a bit of flack for suggesting that John McCain could have a constitutional problem under Article II’s eligibility provision. In the interest in lightening up the discussion, I offer the following as a possible rallying song for Panamanian and Panamanian-born friends alike. It appears that with a little tweaking and the indulgence of our Canadian neighbors, O Canada seems remarkably apropos. Continue reading “O Panama, We Stand On Guard For Thee”
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”
Michael Ray, a federal inmate, could rightfully claim some confusion. A “jailhouse lawyer,” Ray convinced the United States Supreme Court to accept an important prisoner case this term — an achievement unmatched by the vast majority of practicing lawyers. Now, however, the South Carolina State Attorney General is reportedly investigating Ray for possible charges of practicing without a license. What is particularly curious is that this is the same state that recently admitted well-connected applicants for the bar after they flunked the exam. South Carolina appears to have entered some parallel universe where success in the law is failure while failure in the law is success. Continue reading “South Carolina Moves Against Successful Jail House Lawyer While Allowing Unsuccessful Bar Applicants to Become Lawyers”
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”