Category: Politics

Columns, Justice, Politics

Be Afraid, Very Afraid — The Bush Curse

Washington is all atwitter over who will replace outgoing Attorney General Alberto Gonzales. The more relevant question, however, is who would want to step over the chalk outlines of his two predecessors on the office rug to sit in that seemingly cursed chair.

Indeed, of all of the famous curses from King Tut’s tomb to the Hope Diamond to the Monkey’s Paw, the Bush Curse of the Juris Doctors (or the J.D. Curse) appears the most lethal. With John Ashcroft or Gonzales as the most vivid examples, bad things happen to attorneys who go to work for this administration. Continue reading “Be Afraid, Very Afraid — The Bush Curse” →

Congress, Politics

Sen. Craig Pleads Guilty to Criminal Charge for Disorderly Conduct in an Airport Bathroom

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” →

Justice, Politics

Chertoff to Replace Gonzales

It appears that Michael Chertoff may be the replacement for Alberto Gonzales. Chertoff would come with good national security credentials to signal that the administration is not going soft on terror. He is also a former judge. Notably, he once worked Rudolph Giuliani against the mob in New York. One problem for democratic and independent citizens is Chertoff’s role in drafting the Patriot Act. His nomination would also place the Administration’s record on terror in the spotlight.

Constitutional Law, Politics

California Electoral Vote Plan: A Worthy Proposal Made For Unworthy Purposes

The proposal to divide California’s electoral votes has served to remind citizens of the continued dysfunctional role played by the electoral college — which should be eliminated by constitutional amendment. The idea of passing state laws to divide votes between candidates is at least an improvement — moving away from the winner take all approach. In California, it is clearly be advanced for partisan reasons to help the next Republican nominee. Continue reading “California Electoral Vote Plan: A Worthy Proposal Made For Unworthy Purposes” →

Politics

Iraq Whistleblowers and Fighting to Preserve Corruption

Whistleblowers who have identified hundreds of millions of dollars have faced terminations and other forms of retaliation. The Bush Administration has allowed such retaliation while simultaneously campaigning against the United Nations for not dealing with corruption and not protecting whistleblowers. For the UN campaign, see this story .

It is one of the most disturbing stories to come out of this disturbing military intervention. First, the Administration allows massive levels of corruption despite on-going coverage of the problem. Second, when whistleblowers try to stop the corruption, the Administration allows them to be persecuted and then fights their efforts at receiving relief from the retaliation in some cases. With a projected 1 trillion dollars to be spent on Iraq, the conditions are ripe for a lot of people to make a lot of money in little time. There are many who do not want that bonanza to end. Yet, the public seems strangely quiet over the on-going corruption and enrichment at their expense.

For the article, click here

Congress, Politics

Mark Foley’s Computer and the Page Sex Scandal

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

Congress, Justice, Politics

Self-Doubt over Democracy in Iraq

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.

Congress, Constitutional Law, Politics, Supreme Court

COLAs, the Courts, and the Constitution

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” →

Columns, Congress, Politics

Bill Clinton and the Blanche DeBois Defense

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” →

Congress, Constitutional Law, Politics

Passenger Profiling and the Terrorist Lottery

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” →

Congress, Politics

Congressional Corruption and the Managing of the Enron Scandal

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” →

Academia, Congress, Politics, Supreme Court

Abner Mikva and Living in Constitutional Denial

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” →