All Blog Posts from Courtwatch
Pelosi Palaver
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Let's assume the worst about House Speaker Nancy Pelosi and her rough re-entry into the national debate over Bush Administration torture tactics. Even though she vigorously disputes this, let's assume that she knew back in 2002 that the Central Intelligence Agency was performing water-boarding and other "enhanced" interrogation tactics upon terror suspects. Let's assume Rep. Pelosi said nothing for years even as those policies crumbled under the weight of their own illegalities and immoralities.
This makes her a hypocrite, a coward and probably a liar (not exactly a new or rare trifecta in Washington). It neutralizes her as a weapon the Democrats may choose to employ as some (but not all) Republicans eagerly seek to distance themselves from the disastrous policy. It paints her as part of the problem and not part of the solution, which is the kinder way of saying what many GOP leaders were saying about Pelosi as the week wore on. It also helps educate us all about the routine interaction between parties on sensitive intelligence matters.
But what Pelosi's complicit silence does not do is exonerate the men who drafted the torture memos and the men and women who authorized them to do so. Their degree of culpability for this mess is an order of magnitude more profound than is Pelosi's. She did not conjure up the dangerous legal theories used by John Yoo, Jay Bybee, Alberto Gonzales, and Steven Bradbury to justify the shift in policy. She didn't decide to call off FBI interrogators (whom we now know were successful) and replace them with dark CIA operatives (whom we now know were not).
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Let's assume the worst about House Speaker Nancy Pelosi and her rough re-entry into the national debate over Bush Administration torture tactics. Even though she vigorously disputes this, let's assume that she knew back in 2002 that the Central Intelligence Agency was performing water-boarding and other "enhanced" interrogation tactics upon terror suspects. Let's assume Rep. Pelosi said nothing for years even as those policies crumbled under the weight of their own illegalities and immoralities.
This makes her a hypocrite, a coward and probably a liar (not exactly a new or rare trifecta in Washington). It neutralizes her as a weapon the Democrats may choose to employ as some (but not all) Republicans eagerly seek to distance themselves from the disastrous policy. It paints her as part of the problem and not part of the solution, which is the kinder way of saying what many GOP leaders were saying about Pelosi as the week wore on. It also helps educate us all about the routine interaction between parties on sensitive intelligence matters.
But what Pelosi's complicit silence does not do is exonerate the men who drafted the torture memos and the men and women who authorized them to do so. Their degree of culpability for this mess is an order of magnitude more profound than is Pelosi's. She did not conjure up the dangerous legal theories used by John Yoo, Jay Bybee, Alberto Gonzales, and Steven Bradbury to justify the shift in policy. She didn't decide to call off FBI interrogators (whom we now know were successful) and replace them with dark CIA operatives (whom we now know were not).
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Yoo Who? Inquiring Minds Fail
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There is no justice in the world. John Yoo, the disgraced architect of the Bush Administration's odious torture policies, has been rewarded for his infamy with a job writing columns for the Philadelphia Inquirer. There are a dozen other people, journalists and scholars alike, who have covered the legal war on terror with dignity and candor and insight and integrity. But the Inky instead chose Yoo to continue to spew his twisted vision of the Constitution.
Like other former officials who drafted Office of Legal Counsel memos legalizing "water-boarding" and other torture methods, Yoo is the subject of a pending Justice Department investigation into whether he violated "professional ethics." Because there is little political will now to pursue criminal charges against former officials, Yoo will not be prosecuted for the illegal and improper "advice" he gave to his bosses at the White House and Defense Department.
Harold Jackson, editorial page editor at the Inquirer, defending his choice to hire Yoo. "He's a Philadelphian," Jackson said, "and very knowledgeable about the legal subjects he discusses in his commentaries. Our readers have been able to get directly from Mr. Yoo his thoughts on a number of subjects concerning law and the courts, including measures taken by the White House post-9/11. That has promoted further discourse, which is the objective of newspaper commentary."
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There is no justice in the world. John Yoo, the disgraced architect of the Bush Administration's odious torture policies, has been rewarded for his infamy with a job writing columns for the Philadelphia Inquirer. There are a dozen other people, journalists and scholars alike, who have covered the legal war on terror with dignity and candor and insight and integrity. But the Inky instead chose Yoo to continue to spew his twisted vision of the Constitution.
Like other former officials who drafted Office of Legal Counsel memos legalizing "water-boarding" and other torture methods, Yoo is the subject of a pending Justice Department investigation into whether he violated "professional ethics." Because there is little political will now to pursue criminal charges against former officials, Yoo will not be prosecuted for the illegal and improper "advice" he gave to his bosses at the White House and Defense Department.
Harold Jackson, editorial page editor at the Inquirer, defending his choice to hire Yoo. "He's a Philadelphian," Jackson said, "and very knowledgeable about the legal subjects he discusses in his commentaries. Our readers have been able to get directly from Mr. Yoo his thoughts on a number of subjects concerning law and the courts, including measures taken by the White House post-9/11. That has promoted further discourse, which is the objective of newspaper commentary."
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Finally! Terror Trials That Might Work
Can it be that they are finally going to get it right? The Washington Post this morning reports that the Obama Administration is going to re-start military commissions to process and prosecute many of the remaining terror detainees currently held at Guantanamo Bay, Cuba.
Here's the nut graph from the piece by the Post's Peter Finn:
The Bush Administration was unable to convict the men via military trials because officials were unwilling to give the detainees much in the way of fair trial rights (like the ones identified above). It was a penny-wise, pound-foolish argument that now, thankfully, appears to have been replaced with a constructive, practical approach to the defendants.
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Here's the nut graph from the piece by the Post's Peter Finn:
"The rules would block the use of evidence obtained from coercive interrogations, tighten the admissibility of hearsay testimony and allow detainees greater freedom to choose their attorneys, said the officials, who spoke on the condition of anonymity because they were not authorized to speak publicly."If this is true, we may finally see productive military trials for terrorists like Khalid Sheik Mohammed and Ramzi Binalshibh, two of the main planners of the terror attacks upon America.
The Bush Administration was unable to convict the men via military trials because officials were unwilling to give the detainees much in the way of fair trial rights (like the ones identified above). It was a penny-wise, pound-foolish argument that now, thankfully, appears to have been replaced with a constructive, practical approach to the defendants.
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You Decide Who Will Be Picked To The Supreme Court
Below are my top 10 contenders for the Supreme Court vacancy created by Justice Souter's retirement. Take a look and then vote for your top prediction. Or let me know who I forgot in the comments.
Jennifer Granholm: Michigan's governor is bright, has a ton of experience in politics, and has the Harvard Law School connection. It's hers to lose.
Christine O. Gregoire: Another female governor from Democratic state (Washington) but she's not as experienced in the law as Granholm. Long, longshot.
Elena Kagan: Obama's Solicitor General may be too liberal, and might not have enough experience, to be considered seriously this time around. But after some seasoning before Court she might get to go behind the bench down the road.
Pamela S. Karlan: Brilliant Stanford Law Professor would be first openly gay Justice. Is the president ready for that fight at this time? And, if so, doesn't Sullivan (see below) get first nod?
Leah Ward Sears: The Chief Justice of Supreme Court of Georgia is the first black woman ever in that role—will get a close look but I'm not sure she is as brilliant intellectually as some of these competitors.
4993195Sonia Sotamayor: Morning line favorite on 2nd U.S. Circuit Court of Appeals has faded a bit as possibility after scrutiny of firefighter-affirmative action decision, questions about working style.
Kathleen Sullivan: Former Stanford Law School Dean, first amendment expert, and she shares Harvard Law School tie with the President. She is probably on short list and she should be.
Cass Sunstein: Would be odds-on-favorite if president were not predisposed to selecting a woman or minority nominee for more balance on the Court. Check back on him for next appointment or one after that.
Kim Wardlaw: 9th U.S. Circuit Court of Appeals judge is probably on the shortest of short lists. An Hispanic female, with decent track record, she doesn't bring the same baggage that Judge Sotomayor carries.
Diane Wood: 7th U.S. Circuit Court of Appeals Judge is smart, seasoned and comes with only minor baggage (already tagged by conservative groups). But she's a sitting federal judge and the White House keeps talking about "diversity" of experience.
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(AP)
(AP)
(AP)
Pamela S. Karlan: Brilliant Stanford Law Professor would be first openly gay Justice. Is the president ready for that fight at this time? And, if so, doesn't Sullivan (see below) get first nod?
(Emory University )
4993195Sonia Sotamayor: Morning line favorite on 2nd U.S. Circuit Court of Appeals has faded a bit as possibility after scrutiny of firefighter-affirmative action decision, questions about working style.
(stanford.edu)
(Harv. Law Record)
(AP)
(AP)
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Following Souter: Non-Lawyers Need Not Apply
(AP)
It is nice, bordering on quaint, to think that President Barack Obama would be able to successfully select a "regular person" (i.e. a non-lawyer) to replace Justice David H. Souter on the United States Supreme Court. It's certainly laudable that he would want to change the experiential makeup of the Court—all nine current Justices, including the soon-to-be-retired Justice Souter, came from federal appeals courts, which are almost as isolated from the rest of the world as is the Supreme Court itself.
(AP Photo/Mark J. Terrill, file)
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Welcome (Again) To CourtWatch
Hello and welcome to the third (or maybe the fourth) incarnation of CourtWatch, an online column at cbsnews.com that began in the good old days, a decade ago, right after Al Gore invented the Internet, when Arlen Specter was a Republican, Al Franken was a comedian, and Susan Boyle was just a nice Scottish lady.
Today, CourtWatch moves from being a regular feature in the Opinion section of the website to being a stand-alone blog that will be updated daily (the Good Lord willing) with analysis and commentary on breaking legal news and events. We'll try to find you good links to the best law pieces around—we'll trawl through the papers and blogs to do so-- and hopefully we'll generate interesting conversations and debates about topics you care about. And if there is something you'd like to see covered by CourtWatch by all means let us know.
-Andrew Cohen
More From Andrew Cohen:
CourtWatch Columns Before Today
Andrew Cohen's Posts In Hotsheet
Today, CourtWatch moves from being a regular feature in the Opinion section of the website to being a stand-alone blog that will be updated daily (the Good Lord willing) with analysis and commentary on breaking legal news and events. We'll try to find you good links to the best law pieces around—we'll trawl through the papers and blogs to do so-- and hopefully we'll generate interesting conversations and debates about topics you care about. And if there is something you'd like to see covered by CourtWatch by all means let us know.
-Andrew Cohen
More From Andrew Cohen:
CourtWatch Columns Before Today
Andrew Cohen's Posts In Hotsheet
Welcome To CourtWatch
Check out Andrew Cohen's new blog with analysis and commentary on breaking legal news and events here - http://www.cbsnews.com/courtwatch.
