Monthly Archives: April 2007

Bruce Schneier Tribute Site

I know Bruce Schneier, but this Bruce Schneier Facts website is full of amazing facts about him that I never even suspected.

Posted in Cryptography | Comments Off on Bruce Schneier Tribute Site

Two Pieces of Very Good Legal News From Florida

He was once known as “Chain Gang Charlie” Crist for his tough law and order stands, but in the face of strong troglodyte opposition from Florida Attorney General Bill McCollum, Florida Governor Charlie Crist has pushed through a set of reforms to Flordia's felon disenfranchisement rules. Now, instead of making it virtually impossible for felons to get their right to vote (and to hold state licensees for a wide variety of trades), it will merely be slow (15 years!) for non-violent offenders, and slow and difficult for violent offenders. This is a major issue as the state has almost a million persons who have been found guilty of felonies, and about half of them are black (although blacks are about 14% of our total population). That a Republican governor would do this, because it's the right thing, is amazing. Florida still remains well behind states with more civilized penal policies, but this is a huge step in the right direction. Details at the Miami Herald, Felon rights on faster track.

Also in today's news, a welcome and very powerful ruling by our Supreme Court. In Re: Amendments To Florida Rule Of Judicial Administration 2.420—Sealing Of Court Records And Dockets. (April 5, 2007) says in the strongest terms that state courts must not “superseal” civil cases in trial courts — ever. “Supersealing” was a procedure that removed any trace of a matter from the public docket, even its docket number and title. As the court notes, it was a set of practices “that, however unintentional, were clearly offensive to the spirit of laws and rules that ultimately rest on Florida’s well-established public policy of government in the sunshine.” The Court's decision does not prevent the sealing of substantive civil case records in appropriate cases after appropriate process. Also, the issue of criminal and appellate cases is left for another day, pending study by the appropriate committees (in criminal cases there are additional issues relating to protecting informants, for example).

A great day for the State of Florida! (And if the last election were held today, I'd vote for Crist.)

[Bonus good news: Condo tenant wins fight to keep mezuzah.]

Posted in Florida, Law: Civil Procedure, Law: Criminal Law, Law: Privacy | 4 Comments

More Fallout From Gonzales 8 Scandal

The Gonzales 8 scandal has two sides: the improper firings and the improper hirings. So far, most of the heat and light has been on the firings. That may change in light of what we are learning about the people parachuted in to US Attorney jobs without Senate confirmation — and about the people retained.

There have been reports that Little Rock’s interim U.S. Attorney J. Timothy Griffin may have seriously exaggerated his prosecutorial experience,

The 38-year-old Griffin claims on his official Web site that he prosecuted 40 criminal cases while at Ft. Campbell, where he was stationed from September 2005 to May 2006. But Army authorities say Ft. Campbell’s records show Griffin only serving as assistant trial counsel on three cases, none of which went to trial.

Griffin didn’t agree to be interviewed about his claim of 40 criminal prosecutions versus the Army’s confirmation of three cases, all of which were settled as plea bargains. But Cherith Beck, a Griffin spokeswoman, suggested that Griffin’s higher number might refer to all cases he worked on in any capacity.

“Just wanted to clarify, make sure you had an understanding that prosecuted means it’s a case he handled while he was there; it doesn’t mean that it went to trial necessarily,” Beck said. “Prosecuted means he handled those cases in one form or another.”

Sorry, but few if any lawyers would equate touching the case file with the claim that someone “prosecuted” a case.

[updated] And now we learn this about the interim recently-confirmed, leading to a controversial swearing-in US Attorney in Minneapolis, via Firedoglake (collecting sources from around the net),

four top assistants to U.S. Attorney Rachel Paulose have stepped down from their [administrative] positions.

…. First Assistant Attorney John Marti, Criminal Division Chief Jim Lakner, Civil Division Chief Erika Monzangue, and Administrative Officer Tim Anderson all left their posts Thursday.

Political insiders have criticized Paulose's rise to the U.S. Attorney's position as a political favor to the Bush Administration. She is just 34-years old and has worked directly for the same justice department officials who are currently under fire as part of the national U.S. Attorney's office scandal.

Paulose was a special assistant to Alberto Gonzales and apparently big buds with none other than 5th amendment invoker Monica Goodling.

Meanwhile, Gonzales is stonewalling on the release of the less sanitized documents.

This week also saw the very rare, even stunning, action by the 7th circuit ruling from the bench to free a defendant from what many claim was fallout from a political prosecution against a prominent Democrat based on very scant evidence. Rather than try to quote you all the details, read about it at Figure in Travelgate ordered released by end of business today: Fed Appeals Court Unimpressed by Biskupic's Politically Motivated Prosecution. Note that the US Attorney in this case, Steven M. Biskupic, was not. as far as we know, on the DOJ/Rove short list for removal — a “loyal Bushie” perhaps?

Posted in Politics: US: GW Bush Scandals | 2 Comments

Lower than Low

How loathsome is Fox's totemic Bill O'Reilly? Bill O'Reilly is so loathsome that he's too disgusting even for Geraldo Rivera.

Warning: if you watch the video you will never again be able to feel as smug about Geraldo. He has a name for what O'Reilly does, and it's one of the right ones.

Posted in The Media | 4 Comments

The Five Stages of Rightist Iraq Commentary

Sadly, No! brings us a modified Kübler-Ross process, Iraq edition:

1. Denial: “The media doesn’t show the good news in Iraq.”

2. Anger: “The treasonous far-left-liberals and their media lapdogs are making us lose in Iraq.”

3. Bargaining: “If we send x-thousand more troops to Iraq, victory will be ours.”

4. Depression: “Did you catch 300 yet? [munch-munch-burp] God, it made me hate liberals even more. [channels flipping] They wouldn’t last a day in ancient Sparta.”

5. Advanced Literary Theory: “The hegemonic binary of ’success’ and ‘failure’ traumatizes the (re)interpretive possibilities of an ethos of jouissance regarding the War in Iraq.

Posted in Iraq | 2 Comments

Koh for SCOTUS!

I was a student of Harold Koh's about 20 years ago. We have not kept in close touch since, although I do see him at the occasional conference or alumni event.

The Harold Koh I knew was a pretty cautious and conservative guy. He generally took the conservative view in his national security law class, and tended to praise the people who expressed right-wing views (e.g. on judicial inability to interfere with the executive), much more than the left. If he harbored many views even a hair to the left of center, he kept them well hidden while tearing into the paper of mine he supervised. I admired him as a serious, disciplined scholar, and have tried to model one or two of my habits on what I saw of his.

Watching him from a distance, it has seemed that he has gradually become a bit more liberal politically as the country has been in the grip of a kleptocratic gang masquerading as conservatives, and has been particularly forceful on traditional issues such as being against torture and for decency. Really radical stuff. And he's certainly been a tremendous Dean for Yale Law School.

Thus it's shocking to learn about The Scary Prospect of Harold Koh as Potential SCOTUS Nominee from none less than ProfessorBainbridge.com®.

“There can be no doubt,” writes ProfessorBainbridge.com®, “but that Koh would be a liberal activist of a stripe we haven't seen since Brennan and Marshall. The personal policy preferences of elite left-liberal salons would rule, rather than the rule of law.”

Now, I'm as unwilling as the next guy to have the country run by any salon, even SALON®. But really, Harold Koh as a wild liberal activist? I don't think so. Much as I like him.

Posted in Law: The Supremes | 3 Comments