• Politics,  Supreme Court

    SCOTUS WATCH: LUTTIG vs. ALITO?

    October 29, 2005 /

    Reuters has Luttig, Alito contenders as Bush mulls court pick.

    President George W. Bush on Saturday was narrowing his choices of Supreme Court nominees to replace Harriet Miers as Republicans said the short list consisted of highly credentialed, solidly conservative judges.

    Among the candidates most talked about were appeals court judges Michael Luttig and Samuel Alito. Bush, who is spending the weekend at his Camp David retreat, was expected to unveil his choice within days.

    A source close to the selection process who spoke on condition of anonymity said avoiding a battle with Democrats, who have warned Bush about picking a right-wing activist, would not be the president’s top priority.

    “What we know from the Miers nomination is that people on all sides of the political spectrum wanted the highest quality, and that’s what the president will deliver,” the source said.

    “I think it will be extremely difficult for Senate Democrats to oppose someone who is extraordinarily well qualified and who shares the president’s judicial philosophy,” the source added.

    Previously on Flapsblog, SCOTUS Watch: A NEW Short List.

    Samuel Alito, a 3rd U.S. Circuit Court of Appeals judge from Philadelphia.

    J. Michael Luttig of the 4th Circuit Court of Appeals, considered one of the most conservative judges on the federal bench.

    Luttig, 51, a judge on the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, worked as a clerk for Scalia when Scalia was an appeals court judge.

    He helped in the effort to get Thomas and Supreme Court Justice David Souter — both nominated to the high court by Bush’s father — confirmed by the Senate. Luttig also has worked in the Justice Department and private practice.

    Alito, 55, is sometimes given the nickname “Scalito” — a comparison to Scalia, who shares his Italian heritage as well as his reputation for conservatism and a strong intellect. He is a judge on the 3rd U.S. Circuit Court of Appeals in Philadelphia.

    Both men are fine judges on the federal court of appeals.

    President Bush could not go wrong with either of them.

    In addition to Luttig and Alito, Bush is also said to be looking at appeals court judges Michael McConnell, Edith Jones and Alice Batchelder.

    Priscilla Owen and Janice Rogers Brown are also possibilities, although the two judges — who were named to the appellate court by Bush — were initially blocked by Senate Democrats before making it through on a compromise deal.

    Flap handicaps the following choices in order of probability:

    1. Samuel Alito

    2. J. Michael Luttig

    3. Priscilla Owen

    4. Janice Rogers Brown

    5. Michael McConnell

    6. Edith Jones

    All six of these judges would make excellent nominees for the Supreme Court.

  • CIA Leak Case,  Politics

    CIA Leak Case Watch: Lack-Of-Memory Defense for Libby?

    October 29, 2005 /

    Vice President Dick Cheney’s chief of staff, I. Lewis ‘Scooter’ Libby walks from the White House on crutches, Friday, Oct. 28, 2005, to the Eisenhower Executive Building on the White House compound. Libby was indicted Friday on charges of obstruction of justice, perjury and making false statements in the CIA leak investigation, a politically charged case that could cast a harsh light on President Bush’s push to war.

    The ASSociated Press has Libby Lawyer Outlines Defense in Leak Case.

    The lawyer for Vice President Dick Cheney’s former top aide is outlining a possible criminal defense that is a time-honored tradition in Washington scandals: A busy official immersed in important duties cannot reasonably be expected to remember details of long-ago conversations.

    Friday’s indictment of I. Lewis “Scooter” Libby alleges that as Cheney’s chief of staff he lied to
    FBI agents and a federal grand jury. The case has been assigned to U.S. District Judge Reggie Walton, a nominee of
    President Bush in 2001.

    Libby, who resigned as soon as the indictment was handed up, was operating amid “the hectic rush of issues and events at a busy time for our government,” according to a statement released by his attorney, Joseph Tate.

    This case is a disgrace to the federal justice system – just like the Martha Stewart case. 22 Months and over $70 million for these crap charges and no charge in ANY underying crime of leaking Valerie Plame’s CIA cover.

    Ambassador Joseph Wilson and CIA Agent Valerie Plame Wilson hawking Wilson’s book

    Flap recommends that Scooter Libby take this case to trial and beat Fitzpatrick and the rest of the over-prosecutorial gang at the Department of Justice.

    “We are quite distressed the special counsel (Patrick Fitzgerald) has not sought to pursue alleged inconsistencies in Mr. Libby’s recollection and those of others and to charge such inconsistencies as false statements,” Tate continued.

    “As lawyers, we recognize that a person’s recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred.”

    The lack-of-memory defense has worked with varying degrees of success in controversies from
    Iran-Contra to Whitewater.

    Only one person went to prison in the Iran-Contra affair, although several people pleaded guilty to making false statements. President Clinton and his wife, Hillary, were cleared in the Whitewater investigation of fraudulent land deals in Arkansas, a subject well-suited to a lack-of-memory defense. The land deals took place a decade before they came under criminal investigation.

    Tate referred to another possible line of defense, saying that “for five years, through difficult times, Mr. Libby has done his best to serve our country.” That argument worked in the administration of President George H.W. Bush in 1992, though not in court.

    Bush pardoned those in government who had been implicated in the Iran-Contra criminal investigation. Among others, the pardons went to former Defense Secretary Caspar Weinberger, whose trial was scuttled

    Flap handicaps that there will be no plea bargain and no conviction here after a showcase trial.

    Unfortunately, Libby’s career in government has been tainted and dishonored but he will not be labelled a criminal or a liar like Fitzpatrick and others on the LEFT so eagerly wish to portray him.

    After all, why would Libby release N.Y. Times reporter Judith Miller while in jail for contempt (for not releasing Libby’s name as a source) from her journalistic promise (not to release the nameof her sources) to later have her testimony before the grand jury hang him with a perjury charge? This makes NO sense at all.

    And neither does the government’s prosecution…….

    Stay tuned……..

  • Arnold Schwarzenegger,  Bear Flag League,  California,  Politics,  Proposition 74,  Proposition 75,  Proposition 76,  Proposition 77,  Proposition 78,  Special Election 2005

    California Special Election Watch: Does California Assembly Speaker Fabian Nunez Support Violence and Thuggery?

    October 28, 2005 /

    CBS Channel 2 and KCAL News Los Angeles television Channel Nine has this video clip depicting a single Schwarzenegger supporter (Genevieve Peters) struggling to hold her ground in a rally against the governor’s special election initiatives. The rally was held at Los Angeles Pershing Square yesterday. Schwarzenegger opponents tried to hit her with their signs, tried to steal her hat and some blocked news cameras as she argued her point. The crowd turns quickly, grabbing her signs and tearing them up. Even a woman wearing an orange security vest rips up the “Vote Yes” signs.” (CBS 2 News, October 28, 2005).

    Check out the video clip here.

    Check out the thugs as they assault Ms. Peters.

    Now, California Assembly Speaker earlier had whipped up the union crowd to a frenzy. As a former union organizer shouldn’t he know better and urge restraint?

    Shouldn’t he now APOLOGIZE to Ms. Peters on behalf of the UNION THUGS that control him?

    Call his office and let him now how you feel! Remind the Speaker this is America and not a third world country – violence is not acceptable for political dissent.

    Sacramento Office: (916) 319-2046

    Los Angeles Office: (213) 620-4646

    Flap knows you will be glad you did.

    Thanks to The Political Teen for help with the graphics.

    Technorati Tags: , , , , , , ,

    Cross-posted to the Bear Flag League Special Election Page

    Michelle Malkin has UNION THUGS UNHINGED

  • CIA Leak Case,  Politics

    CIA Leak Case Watch: Charges Don’t Directly Address CIA Leak

    October 28, 2005 /

    Special Prosecutor Patrick Fitzgerald speaks during a press conference regarding the CIA leak criminal investigation at the Justice Department in Washington, Friday, Oct. 28, 2005. I. Lewis ‘Scooter’ Libby, Vice President Dick Cheney’s chief of staff, was indicted on charges of obstruction of justice.

    The ASSociated Press has Charges Don’t Directly Address CIA Leak.

    Special Counsel Patrick Fitzgerald’s first charges in the White House leak case don’t get to the heart of his two-year probe: the leak.

    The indictment of vice presidential adviser I. Lewis “Scooter’ Libby Jr. is built on charges of obstruction of justice, making false statements and perjury — and it will rest primarily on testimony from a handful of Washington reporters.

    The charges in the Friday indictment are similar to the ones used inMartha Stewart’s criminal case. She was convicted last year for obstructing justice and lying about why she sold ImClone Systems stock, just before a negative government decision on an ImClone drug. She served a five-month prison term followed by home confinement.

    “Very rarely do obstruction of justice cases and perjury cases come as neatly tied as Martha Stewart’s … it is by no means a slam dunk,” said Viet Dinh, a law professor at Georgetown University and former Justice Department lawyer in the Bush administration.

    The prosecutor must prove beyond a reasonable doubt that Libby “knowingly and willfully” made false statements and lied to the grand jury. He could claim that any misstatements were not intentional.

    22 Months and over $70 million…… worth it?

  • CIA Leak Case,  Politics

    CIA Leak Case Watch: Libby Resigns After Indictment

    October 28, 2005 /

    I. Lewis ‘Scooter’ Libby, Vice President Dick Cheney’s chief of staff, testifies on Capitol Hill in this March 1, 2001 file photo. Libby was indicted Friday, Oct. 28, 2005, on charges of obstruction of justice, making a false statement and perjury in the CIA leak case.

    The ASSociated Press has Cheney Adviser Resigns After Indictment

    The vice president’s chief of staff, I. Lewis “Scooter” Libby Jr., was indicted Friday on charges of obstruction of justice, perjury and making false statements in the CIA leak investigation, a politically charged case that will throw a spotlight onPresident Bush’s push to war.

    Libby, 55, resigned and left the White House.

    Friday’s charges stemmed from a two-year investigation by special counsel Patrick Fitzgerald into whether Rove, Libby or any other administration officials knowingly revealed the identity of CIA officer Valerie Plame or lied about their involvement to investigators.

    The grand jury indictment charged Libby with one count of obstruction of justice, two of perjury and two false statement counts. If convicted on all five, he could face as much as 30 years in prison and $1.25 million in fines.

    Cheney is mentioned by name in the 22-page indictment and several officials are identified by title, but no one besides Libby was charged.

    In each of the counts, the basic allegation against Libby is that he lied to investigators or Fitzgerald’s grand jury about his conversations with reporters. He is not accused of purposely revealing the identity of a covert officer, the potential charge that Fitzgerald was initially appointed to investigate.

    22 Months and $70 million for 5 B.S. charges.

    N.B. He is not accused of purposely revealing the identity of a covert officer, the potential charge that Fitzgerald was initially appointed to investigate.

    First Martha Stewart and now this.

    The federal justice system is broken.

    Flap is listening to Patrick Fitzgerald on Fox News.

    Flap’s impression of Fitzpatrick is that he is a self-righteous prosecutor with a BIG HEAD from previous case who is out of control.

    His career as a United States Attorney should be over.

    He has wasted taxpayers money and did NOT prove a case.

    And some heads are going to ROLL at the CIA……

    Blah Blah Fitzgerald is blabbing on about who told what to whom and when……. Who Cares? But then again he spent over $70 million on this investigation.

    Damn this guy is a self-righteous idiot…..the United States takes its laws serious…….GAG ME PLEASE….

    Now he is taking questions… and throwing out baseball analogies regarding whether the investigation continues……

    Fitzgerald is throwing out charges but he did NOT indict Libby on them…….Guilt by innuendo……

    Reporters are asking why someone was not charged with the LEAK???? Fitzpatrick is NOT answering but using the law as an excuse for not explaining….. refusing to comment.

    Fitzpatrick wants people to take a deep breath……. but something SMELLS here………

    The average person does not understand about the Grand Jury process………Oh Please!

    Was it worth keeping Judy Miller in jail? didn’t want to pick a fight with the New York Times and did not want a First Amendment showdown…… blah blah blah…… wanted to make sure we needed reporter testimony…..

    Other leakers? Cannot go beyond the four corners of the indictment….

    Fitzgerald is not saying Valerie Plame was covert…… not charging Libby with that.

    The news conference is continuing…….$70 million worth of prosecutorial excess…….