Wednesday, July 20, 2005

On Hiatus

Good morning . . .

Preparations for moving and beginning my new position are taking more time and energy than I thought.

Therefore, Check This Out! is going on hiatus for the next several weeks.

We hope to be back online in time for the confirmation hearings of Judge John Roberts.

See you soon.

Wednesday, July 13, 2005

Wednesday Update - The press goes wild -7.13.05

Top Story

Summers in Washington are hot, muggy, and just plain uncomfortable. The Washington press corps is just looking for a story, any story. And they are not above creating story to fit their agenda.

This is the case with the White House press corps. Led by Terry Moran (ABC) and John Roberts (CBS), the press has taken to beating up on White House Press Secretary Scott McClellan. Since Monday, Roberts, Moran, and company have rudely and inappropriately demanded that McClellan comment on an on-going investigation into who leaked the identity of a CIA employee to Robert Novak and Matt Cooper.

Cooper says that Special Assistant to the President Karl Rove told him that the wife of Joe Wilson was an employee of the "agency." In Washington-speak that can only mean the CIA. Valerie Plame was an employee of the agency and is Joe Wilson's wife. She is or was NOT an uncover operative, did not travel overseas, and did research on WMDs. It is her, not VP Dick Cheney, that recommended that Wilson go to Niger to investigate reports that Iraq was trying to buy "yellow cake" uranium from Niger. Wilson made up a report while relaxing on the beach and talking to several locals. His report has been refuted by the British, the 911 Commission, and several other investigative groups.

The fact that Karl Rove is somehow involved in the story is "fresh meat" for the media sharks. They believe Rove is evil and want to do anything, including lie, to bring him down.

This is another example of the liberal-bias present in the news media and, specifically, in the White House Press corps. Moran and Roberts should have their credentials pulled and CBS and ABC should have limited access to the president or other members of the administration.

There is freedom of the press, but when the press demonstrates that truth is only a side issue and innuendo and rumor are their "truth," it is time to seek other more reliable sources.

In addition to the flap over the Rove story, a survey was released by the Center for Media and Public Affairs, a non-partisan group, shows that negative stories about the president and his administration are much higher than normally expected.

The survey shows more than two-thirds of press reports on the president in the 100 days following his inauguration for a second term were negative.

ABC showed the most negative bias with 78% of their stories negative. CBS was 71% negative. And NBC called the most "balanced" was 57% negative.

This survey should come as no surprise to anyone.
Networks Pounce on Leaked E-mail to Begin Push for Firing Rove --7/12/2005-- Media Research Center
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Chief Justice William H. Rehnquist is in a Virginia hospital with a high fever. Rehnquist who is recovering from thyroid cancer was taken to the hospital Tuesday evening.

There was no report on his condition this afternoon.

The hospitalization of the 80 year-old jurist is likely to create speculation about his ability to lead the Supreme Court.
Rehnquist Hospitalized for Fever in Va. - Yahoo! News
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A federal judge returned to the bench months after the killing of her mother and husband.

US District Judge Joan Lefkow took the bench Tuesday trying to remain low key. She heard several routine civil cases. According to court officials, she plans to work on a limited basis for a few months and then return to the bench fulltime.

Lefkow continues to receive 24-hour protection from the US Marshalls office.
Judge Back at Work Months After Murders - Yahoo! News
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More tomorrow.

Monday, July 11, 2005

Monday Briefing - London Investigation Has a Possible Suspect - 7.11.05

Top Story

The recovery of victims and the investigation into the bombings in London last Thursday continues.

Reports show the coordination of the explosions was much closer than originally thought. The explosions went off within seconds of each other instead of minutes. It is still believed that no suicide bombers were involved.

Rescue/recovery workers are still probing the wreckage of one of the underground cars. The death toll is close to 60 with more deaths expected.

As British police continue to investigate over 1700 "tips," UK media is reporting the name of a possible suspect connected to al-Qaeda.

Mustafa Setmarian Nasar lived in London in the 1990s and later ran a training camp in Afghanistan. He is also suspected of leading the attacks in Madrid in March 2004.
London Bomb Probe Continues, Suspect's Name Emerges -- 07/11/2005
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Sen. Dick Durbin's (D-IL) staff continues to do damages control after Durbin compared US interrogators at Guantanamo Bay to Nazis, Soviets, and followers of Pol Pot. Durbin eventually apologized for his remarks, but it was an unapologetic apology. Durbin, and many of his liberal friends, believe and mean what they say.

There was no confusing or misunderstanding of Durbin's statement.

Durbin's office, however, is trying to silence critics by threatening an IRS audit.

Move America Forward, a conservative group that supports the US military and wants to eject the United Nations from the US, is currently running ads critical of Durbin.

"But these aren't the faces of torturers, the ad says: "They're the heroic men and women of the U.S. Armed Forces. They're our sons and daughters fighting for the cause of freedom around the world. Support our troops, at MoveAmericaForward.com."

While understanding that major media will question the motives from the Durbin office, a Durbin staffer hinted to a small suburban Chicago newspaper that the IRS should look at Move Forward America's ad.

Someone from Durbin's office was quoted as telling the newspaper - in connection with Move America Forward -- "Have you ever seen that H&R Block commercial where the guy leans in and says, 'I see an audit'?"

"For the office of a United States senator to threaten reprisals from the IRS against an organization that is supporting our troops in harm's way is absolutely reprehensible," said Mark Washburn, executive director of Move America Forward.

In addition to the IRS threat, Durbin's staff is also presurring Illinois television stations not to run the ads. This is a tactic out of the failed Kerry campaign strategy that threatened to sue television stations that run ads for the Swift Boat Veterans for Truth organization.

It seems the senator and his staff are running a little scared. With the number of military and Jewish votes in Illinois, Durbin may win the primary, but if there is a viable Republican candidate, Durbin will lose in November 2006.
Durbin's Staff Trying to Silence Critics, Group Says -- 07/11/2005
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Sen. Hillary Clinton (D-NY) is running for President. Her campaign for re-election to the Senate is a sham. She will not serve out her term and she will forget any promise to do so. New York Republicans must find a candidate to beat her.

Her rhetoric of late is strictly anti-Bush, anti-Republicans, and anti-conservative. This is not much different than her normal rhetoric, but she is moving it to a national level. Sen. Clinton is not above ridiculing the president or his policies.

In a speech Sunday, Clinton compared President Bush to cartoon character Alfred E. Newman, Mad magazine. "I sometimes feel that Alfred E. Newman is in charge in Washington," Clinton said referring to the freckle-faced Mad magazine character.

Clinton used the typical liberal attack blaming the president for a weak economy (which it is not) by overspending and giving tax breaks to the rich.

There is nothing new in the attacks by Clinton, but the speech was given to raise awareness of her presidential campaign and national status.
Las Vegas SUN: Sen. Hillary Rodham Clinton Attacks Bush
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Outgoing NAACP Chairmen Julian Bond, not a friend of President Bush or conservatives,
was demanding the president attend the next NAACP convention. Bond accused the president of not paying attention to "black" needs.

The NAACP has invited the president to speak at the convention, but the White House has declined the invitation.

The reason for the decline is Bond himself. While asking the president to speak to the group, Bond's continual attacks on Bush and administration policies make it nearly impossible for the president to be received in an appropriate manner.

Many conservative blacks claim the NAACP is too liberal and backward-looking.

The departure of NAACP president Kwesi Mfume will make it harder for the president to accept. Although a liberal. Mfume is willing to listen to what the present has to say. Bond will not.
CNSNews.com -- News This Hour
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More later.

Saturday, July 09, 2005

Weekend Extra - Media Fuels Supreme Court Rumors - 7.9.05

Speculation over the retirements of several other Supreme Court Justices ran wild through Washington on Friday. At some point during the day, rumors had nearly every Justice retiring or resigning.

The media, traditional and online, ran with each and every rumor making it difficult to discern where the truth was. In fact, no one retired yesterday and there is no word on any pending retirements.

One intrepid reporter tracked down Chief Justice William H. Rehnquist and asked him when he would retire. The 80 year-old jurist responded, "That's for me to know and you to find out." Way to go Mr. Rehnquist.

Of course, much of the speculation online was fueled by the less than dependable Drudge Report. The headline there was "Media on standby after growing reports Supreme Court Chief Justice Rehnquist is handing in his resignation ... DEVELOPING."

With the president returning from the G8 conference, it was a slow news day in Washington. So, media types decided to fill the air with rumor and speculation.

Yes, it is possible that Chief Justice Rehnquist will retire, but he is likely to hold off until President Bush names a replacement for Justice Sandra Day O'Connor.
Supreme Court Speculation Fuels Rumors - Yahoo! News
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Meanwhile the partisan bickering and complaining has begun in earnest. The president has yet to name a replacement for Justice O'Connor, but Democrats and liberals are ready to fight whoever Bush selects.

The message from the Senate Democrats is unclear. It depends on who is the real leader for Senate democrats. If it is Ted Kennedy (D-MA), the debate will rage for months or years. There will be a protracted filibuster. If it is Harry Reid (D-NV), there could be a filibuster, but his position changes daily. If it is Charles Schumer (D-NY), the candidates will be asked questions on how the WOULD rule on "hot button" issues, like abortion. Senate Republicans have already said that Schumer's questions would be inappropriate and shoe a lack of understanding of the confirmation process and tradition.

Senate Democrats, more than anything else, want to control the nomination process to the point of picking the nominee or telling the president that any nominee he sends to the Senate will have a tough confirmation process.

The Democrats want to know, specifically, who the president is considering before he send any nomination to the Senate. That's not "advise and consent" that's "we want to select the nominee for you." "We want to 'bash' the nominee before we see who it is." "We want to tell our liberal friends who the nominee is so they can begin ads on TV against the nominee."

Much of this has already been done with speculation that the president may nominate Attorney General Alberto Gonzales to the post. Both liberal and conservatives are saying Gonzales is not qualified and does not have the proper "temperament" to be a Supreme Court Justice. Gonzales was a Texas Supreme Court Justice before joining the Bush administration.

"To be meaningful, consultation should include who the president is really considering so we can give responsive and useful advice," Senator Kennedy said. Again, tell us who you will nominate or anybody will have a tough confirmation process.

Sen. Harry Reid (D-NV) has said that he would like a Justice in the mold of liberal icon Chief Justice Earl Warren. The Warren Court was one of the worst in history. Warren lead the commission into the assassination of President Kennedy that was so full of flaws and missed evidence that it has fueled speculation for decades. The Warren Court is also responsible for many decision that bolstered the rights or criminals and would considered today as an activist court. If there is anything the country does not need it is another Supreme Court Justice like Earl Warren. Sen Reid you are living in a dream world.

Will there be a filibuster on the president's nominee? Yes, there is no doubt about. It will be led by Sens. Kennedy and Schumer. Many of the 7 "moderate" Democrats who agreed to only filibuster in an "extraordinary circumstance," will find any nominee of the president's to meet that criteria. It is likely that Sen. Robert Byrd (D-WV) will be the first to break the agreement.

At that point it will be up to Senate Majority Leader Bill Frist (R-TN) to recover his leadership and, finally, put into place a ban on judicial nominee filibusters. If he does not, there will not be a full Supreme Court until after a new president is elected in 2008.
Dems Want Talks With Bush on Nominees - Yahoo! News
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More on Monday.

Thursday, July 07, 2005

Thursday Briefing - Terror Attack in London - 7.7.05

Top Story

A well-organized orchestrated terrorist attack hit mass transportation hubs in London during rush hour. Early reports say that there are at least 150 injured and 4 are now confirmed dead. The seven blasts hit London's Underground (subway) and one of the famed double-decker buses.

An unknown al-Qaeda cell in Europe has claimed on its Internet sit responsibility for the attack saying, "Britain is now burning with fear." The claim has not be verified.

Prime Minister Tony Blair attending the G8 conference in Scotland told reporters he will return to London meetings with police officials and ministers, but he said the conference will continue in his absence.

Speaking to reporters before leaving Glengables, Blair said, "It is important that those engaged in terrorism realise that our determination to defend our values and our way of life is greater than their determination to cause death and destruction to innocent people in a desire to impose extremism on the world."

Terror experts say the timing and coordination of the attacks bore the hallmark of al-Qaeda attacks similar to the ones in Madrid.

More as this story develops.
Britain, UK news from The Times and The Sunday Times - Times Online

UPDATE

The Associated Press is reporting that the toll in the London bombings has now reached 40 dead with over 300 injured.
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As NY Times reporter Judith Miller was taken to jail for refusing to obey a court order to reveal a source, analysts and pundits were concerned about the effect the incarceration will have on whistleblowers and confidential sources. Some say that confidential sources will dry up, others say that the willingness of Miller to go to jail could embolden some sources.

On the government side, Judge Thomas Hogan and special counsel Patrick Fitzgerald took the time to say they were not trying to deny reporters their sources. For his part, Hogan was following through on a contempt charge made in October. He noted that he gave Miller ample time to appeal the decision including an appeal to the US Supreme Court. Instead of agreeing to obey the court order, Miller arrogantly defied the court and is paying the price. Under Hogan's order, Miller will remain in jail until she agrees to testify and reveal her source or until the grand jury ends in October.

Hogan added that a Supreme Court decision 33 years ago that reporters could not always keep their sources confidential had not destroyed press coverage of government scandals, including Watergate.
N.Y. Times Reporter Jailed Over Source - Yahoo! News
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More later.

Wednesday, July 06, 2005

Wednesday Update - NY Times Reporter Jailed - 7.6.05

A federal judge kept his promise and jailed NY Times reporter Judith Miller for contempt. The judge charged Miller with criminal contempt in October for refusing to reveal the name of a source to a grand jury investigating a Bush Administration's leak of the name of a CIA operative.

Miller maintained that she would not reveal a source even with the possibility of jail. "There is still a realistic possibility that confinement might cause her to testify," U.S. District Judge Thomas Hogan said.

In an about face, Time magazine reporter Matthew Cooper told the judge that he would cooperate with a federal prosecutor's investigation. "I am prepared to testify. I will comply" with the court's order, Cooper said.

Last week Time released Cooper's notes to the court hoping he would not be compelled to testify. Federal Special Counsel Patrick Fitzgerald demanded that Cooper testify with or without the release of the notes.

Miller was escorted out of the courtroom to an undisclosed location. Miller had requested "home confinement" as her punishment, a request rejected by the prosecutor.

No date has been set for Cooper's testimony.
New York Times Reporter Is Jailed for Keeping Source Secret - New York Times
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More tomorrow.

Wednesdau Briefing - London Goes for the Gold - 7.6.05

Top Story

The only person shocked by the announcement that gave London the 2012 Summer Olympics Games is French President Jacques Chirac. Probably not, but the International Olympic Committee gave London the nod over Paris, Moscow, and New York.

The announcement came after a 54-50 vote on the fourth ballot. The campaign for the 2012 games was the most hotly contested is Olympics history. This is the third time in the last 20 years that Paris has lost its bid for the games. Paris last hosted the games in 1924. London hosted the games in 1948, the first post-war games.

The bidding and awarding process for the Winter and Summer Games has been under close scrutiny after it was discovered that many members of the IOC were taking "bribes" from cities and countries to host the games. Although never proven, speculation is the Salt Lake City games were awarded after substantial payments to IOC members. There is also speculation that there may have been some "gifts" from China to secure the 2008 games.
London Upsets Paris to Win 2012 Olympics - Yahoo! News
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A former senator has agreed to guide the next Supreme Court nominee through the confirmation process.

Sen. Fed Thompson (R-TN), also known for his acting roles in "Hunt for Red October" and "Law and Order," agreed to accept the post in a conversation with the president on Monday.

During his tenure in the Senate Thompson was on the Judiciary Committee and is familiar with the longtime members.

Senate Majority Leader Bill Frist (R-TN) praised the former senator for his no-"nonsense style."

"Fred is a well-respected leader admired on both sides of the political aisle as someone who is fair-minded and straightforward," Frist said in a statement. "He is experienced in the ways of Washington and will undoubtedly provide valuable insight and counsel throughout the confirmation process."

The appointment of Thompson to aide the nominee could signal that whoever the president nominates may be from "outside the beltway."
Ex-Sen. Thompson to Oversee Court Nominee - Yahoo! News

In a related story, President Bush said he will not select a Supreme Court nominee based on one issue, abortion.

The president urged the Senate to act in a "dignified way" during the confirmation process.

Bush said there would be no "litmus test" that qualifies candidates because of their opinions on abortion and same-sex marriage.

"I'll pick people who, one, can do the job, and people who are honest, people who are bright and people who will strictly interpret the Constitution and not use the bench to legislate from," Bush said.

Bush also responded to the criticism of Attorney General Alberto Gonzales as a potential nominee. "And all the sudden this fella, who is a good public servant and a really fine person, is under fire," Bush said. "And so do I like it? No, I don't like it. At all."

If the president selects Gonzales it would be the first time a Hispanic has been nominated for the Supreme Court.
Bush: Abortion Won't Decide Court Nominee - Yahoo! News
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Today US District Judge Thomas Hogan should decide the fate of Time reporter Matthew Cooper and NY Times reporter Judith Miller. Both have been charged with criminal contempt in October for failing to disclose under oath the identity of sources for a report on a leak of the name of a CIA operative.

To appease the court, Time magazine has released the notes of Cooper. It is there hope that the release of the documents will make it unnecessary for Cooper to testify. Miller has said she will not comply with the court's order even if it means jail.

Special Counsel Patrick Fitzgerald demanded that Cooper and Miller testify before a grand jury. Fitzgerald said in court papers that the source has waived his right to confidentiality and can find no reason for the reporters failure to comply with a court order.

"Journalists are not entitled to promise complete confidentiality — no one in America is," Special Counsel Patrick Fitzgerald told a judge.

More on this story as it becomes available.
Reporters Face Jail in Fight Over Sources - Yahoo! News
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More later.

Tuesday, July 05, 2005

Tuesday Briefing - Battle for the Court Looming - 7.5.05

This report is later than usual, but there has been some excitement here today. I have been offered a new position in public television. It is a great opportunity and will provide a lot of excitement. As I begin the move, reports on Check This Out! will be a little spotty. There may be no reports from July 29 - Aug 5. I will advise as the move gets closer.
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Top Story

Who will be the next Supreme Court Justice? Speculation is running wild and liberal groups and senators are bashing the nominee. What nominee you ask? Good question. There is none, yet. But Senators like Ted Kennedy and Charles Schumer say they will vote against "any" nominee of President Bush.

Schumer says that unless the nominee will give specific answers to how he/she may rule on abortion and other "hot button" issues, he will claim the nominee has something to hide. Asking court nominees to be specific with answers to cases not yet before them is unprecedented and Senate Republicans plan to explain the obstructionism of Democrats.

Will there be a filibuster? It is likely that the seven "moderate" Democrats will say that any nominee the president chooses falls under an "extraordinary circumstance." The circumstance being President Bush appointed them. If there is a hint of a possible filibuster, it is time for Senate Majority Leader Bill Frist to use his power and leadership to change the rules and ban filibusters on judicial nominees. The votes are there if Frist has the ability to use them. If Frist allows a filibuster, there will be no new Supreme Court nominee during the Bush presidency.
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Although Time magazine agreed to turn over the notes of reporter Matthew Cooper to a federal court, the prosecutor is demanded that Cooper testify before a grand jury.

Special Counsel Patrick Fitzgerald also opposed the request from Cooper and NY Times reporter Judith Miller for home detention instead of jail for criminal contempt of court.

In court filings, Fitzpatrick wrote that home confinement would make it easier for the reporters to defy the court order. Special treatment for the reporters may "negate the coercive effect contemplated by federal law."

"Journalists are not entitled to promise complete confidentiality — no one in America is," Fitzgerald wrote.

On Wednesday US District Judge Thomas Hogan will hear arguments from Fitzgerald and lawyers for the reporters to determine whether the reporters be compelled to testify. Both have said previously that they would not testify nor reveal their sources. Judge Hogan could sentence them to jail after the hearing.
Prosecutor Demands Time Reporter Testimony - Yahoo! News
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House Minority Leader Nancy Pelosi (D-CA) complains loud and long about ethical breaches by Tom Delay (R-TX) and other House Republicans. Most of her complaints are about "supicious" trips that may have been paid for by lobbyists. Payment for Congressional trips by registered lobbyists is against House ethics rules.

When members of Cogress take trips soposored by an ourtside group, they are required to report them within 30 days.

Friday, Pelosi filed forms on three trips she took that were paid for by someone else. The most expensive trip was not reported on Pelosi' financial disclosure form and there was no record of a previous filing within the 30 day limit. One of the trips disclosed on Friday was over 7 years ago.

With these filings, Republicans are saying that there are just as many questions about trips taken by the Democrats.
Pelosi Turns In Delinquent Reports for 3 Sponsor-Funded Trips
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The proliferation of 527 Groups who spent millions and millions of dollars on attack ads during the last presidential campaign has caused a Congressional committee to propose a bill to curb some spending.

The House Administration Committee voted 5-3 to send a bill to the House floor that would place tax-exempt partisan groups under the same fundraising and spending limits as political action committees.

The bill may specifically target organizzations like MoveOn.org, the Media Fund, and Swift Boat Veterans for Truth that targeted specific presidential candidates.

Rep. Bob Ney (R-OH), chairman of the committee, said the campaign law of 2002 that limited unregulated money "distorted our political process by taking power away from our political parties and redistributing it to less accountable, ideologically driven outside groups."

The Senate is considering a similar bill.
House Panel Seeks to Curb Some Fundraising - Yahoo! News
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There is speculation that Sen. Hillary Clinton (D-NY) or her campaign staff have warned media outlets not to publicize a new book about the senator. Ed Klein's book The Turth About Hillary has been available for a few weeks and is climbing the sales charts without the media hype that normally accompanies a political "tell all" book.

Does Klein need the media? Apparently not. But who is buying the book? It can't be just the "vast right wing conspiracy" that the senator talks about. Maybe voters and potential voters are looking for the truth about Hillary. They will not get much through her campaign.
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More later

Saturday, July 02, 2005

Weekend Update - Justice O'Connor Retires - 7.2.05

While traveling the highways of PA, OH, and IN yesterday it was interesting to hear the news and commentary on the retirement of Supreme Court Justice Sandra Day O'Connor. There were not many surprises.

In a Rose Garden announcement, President Bush accepted the retirement and told the country and the Senate how he would proceed. The President made it very clear that constitutionally it was his decision to select the next Supreme Court Justice. He also told the Senate what he expects of them. "The nation also deserves a dignified process of confirmation in the United States Senate, characterized by fair treatment, a fair hearing and a fair vote," the President said.

This was a warning shot to the Senate Democrats that a filibuster on any nominee to the high court is unacceptable.

Within minutes of the announcement, Democrats and liberals were telling anyone who would listen that the President will pick an ideologue who will have difficulty getting through the confirmation process. Sen Ted Kennedy said he would oppose any nominee that is similar to those he opposed at the appellate level. Translation, whoever you pick, I will oppose. No surprise from Sen. Kennedy.

Several Democrats called on the President to follow Ronald Reagan's example and appoint a women to fill O'Connor's seat on the court. Not a bad idea and there are several good candidates. Speculation is the President may also select a Hispanic to fill the seat. A leading contender would be Attorney General Alberto Gonzales. Unfortunately, this would lead to a multi-year (multi-president) confirmation process.

Also within hours of the announcement, MoveOn.org aired television commercials saying the President would pick a nominee who does not reflect the values and current judicial philosophy of the court.

In his announcement the President said he would not select a candidate until his return from Europe on July 8.

O'Connor's retirement could lead to other announcements from Justice Arthur Kennedy and Chief Justice William Rehnquist.

Bush Calls for 'Dignified' Confirmation Process -- 07/01/2005
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Will either Judith Miller or Matthew Cooper be spending the next 120 days in jail? The question is still up for debate, but each of the defendants has requested either home detention or detention in a federal; prison of their choice.

Time magazine announced Thursday that it will comply with a court order and hand over the notes of Matthew Cooper. The notes will reveal the source of a leak that revealed the identity of a CIA operative, Valerie Plame. The magazine is hoping the release of the documnets will keep Cooper out of jail. Although Time has released the material, Cooper says he will not comply with a subpoena compelling him to reveal the source.

The New York Times is standing behind reporter Judith Miller and will not provide investigators with her notes. Miller also said she would never comply with the order to reveal the source. Miller said that going to jai would be be "merely punative" as she will never comply with the court order. At at hearing on Wednesday,

Both Miller and Cooper have asked to select their punishment if they are jailed. Both have asked Judge Thomas Hogan for home detention. If, however, they are to be jailed Cooper asked to be sent to Cooper asked to be sent to a federal prison camp in Cumberland MD. Normally, individuals charged with contempt in the DC Circuit are sent to the District of Columbia jail, a violent and overcrowded facility.

If jailed, Miller has asked to be sent to the federal women's prison camp in Danbury CT. Readers will remember that convicted felon Martha Stewart asked for special treatment on the location of her incarceration that was denied. In this case, it is likely Miller will go wherever she is sent and Cooper may be jailed in a federal facility instead of the DC jail. It is unlikely they will receive home detention.

At the hearing on Wednesday, Hogan chided Miller, Cooper, and Time for requesting more time, but agreed to a final hearing to determine sentencing next week.

Reporters Ask Judge for Home Detention - Yahoo! News
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More on Tuesday. Happy Fourth of July.

Tuesday, June 28, 2005

Tuesday Update 2 - Supreme Court Activity - 6.28.05

Good afternoon . . .

In a flurry of activity, the US Supreme Court ended its business for the 2004-2005 term by issuing orders on several pending cases and accepting some highly contested cases for the new term that begins in October.

In the wake of Monday's rulings on two cases involving the display of the Ten Commandments, the court declined, without comment, to hear additional cases from Ohio and Kentucky on the same issue. For now, the court has spoken on this issue.

In another order, the court will take up a 20-year-old case on whether an anti-abortion group can be prosecuted under federal RICO laws. On two previous occasions, the court ruled that RICO laws did apply, but in 2003 reversed itself.

The case will decide whether Operation Rescue's, and anti-abortion group, use of blockades and other violent demonstrations to protest abortion clinics.

The lawsuit was brought by the National Organization for Women which says the court should rule on the four acts or threats of physical violence that are at the center of the current appeal.

While Operation Rescue hopes the appeal will bring the abortion issue to the forefront, the abortion issue is not at the heart of the appeal. The case is whether Operation Rescue can be sued under RICO laws.

The justices will need to reign in attorneys for both sides if they try to get off the crux of the case and be prepared to answer hard questions from Justices Scalia and Thomas.
Top court to decide anti-abortion group lawsuit - Yahoo! News
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Another case the justices will hear in the fall will determine when people should get a new chance to prove their innocence.

The case involves an inmate on Tennessee's death row who was convicted of sexually assaulting and killing a neighbor. Later DNA test, not available during the trial, proved the semen found in the victim's underwear and nightgown came from her husband.

Last fall the 6th US Circuit Court of Appeals in Cincinnati rejected An appeal in a close 8-7 ruling.

"This will be the first time the Supreme Court considers the impact of DNA evidence on the constitutional right to a fair trial," said Nina Morrison, an attorney with the Innocence Project in New York. "The potential implications are significant."

This will be one of several death penalty cases the high court will hear in the new term.
High Court to Consider Death Penalty Case - Yahoo! News
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When Matthew Cooper and Judith Miller return to court on Wednesday, there could be different outcomes. Cooper and Miller are the reporters who were held in contempt by a federal judge for failing to reveal sources in a federal investigation.

The investigation was into leaks that revealed the identity of a CIA undercover operative. Miller and Cooper could be sentenced to 18 months in prison for the contempt charge.

There is speculation that Cooper's employer, Time magazine is considering handing over to the court the documents that will reveal the sources. Attorneys for Time will not comment on the rumor. Ted Olson, attorney for the magazine said, "decisions have not been made in terms of what Time will do if the judge reaffirms the order. Other Time executives have declined comment.

The New York Times said in a statement that reporter Judith Miller would not reveal the source. The statement said, in part, "we fully support the position of Judith Miller and her decision to honor the commitment she made to her sources."
Will Time Inc. Hand Over Documents that Keep Cooper Out of Jail?
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A reminder that there will be no Updates or Briefings from June 19 - July 2.

Tuesday Update - Networks Hesitant to Air Presidential Address - 6.28.05

Top Story

There used to be a time, not to long ago, when the major networks would delay, cancel, or rearrange theirs schedules to accommodate a White House request for a Presidential news conference or speech. There was no question whether the speech was "newsworthy." It was simple because it was the president.

Now, the major networks, ABC, CBS, NBC, and Fox, are not sure an address by President Bush tonight at Ft. Bragg will be newsworthy. So far, only ABC has agreed to the primetime address. The cable news channels will all cover the speech with extensive analysis and commentary.

In meetings that began last week, network executives and bureau chiefs were not convinced about the newsworthiness of an address so far from the Oval Office. Some are concerned that the White House could turn the speech into a political rally.

The networks are on the wrong side of this issue. During the Clinton administration, the networks jumped at the chance to put Bill Clinton on television. It did not matter what the subject was or whether it was newsworthy, it was Clinton.

With a Republican White House, the networks want to control the message not have the message controlled by the President. Is this another example of the liberal-bias at the networks? Only partially, a change in the primetime schedule is costly. Sponsors need to be compensated for missed commercials and the ratings for a presidential speech are not stellar.

Nevertheless, a speech by the president on a topic as important as Iraq should be covered by the major networks with no thought to newsworthiness or political agenda. It is, after all, a speech by the president.
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Other Stories

The long-awaited Supreme Court decisions on the display of the Ten Commandments did not resolve the issue. Instead the court sent a mixed message to proponents and opponents of the displays.

In the Kentucky case, the Court ruled that the framed copies of the Ten Commandments hung in two courtrooms did violate the "establishment" clause of the Constitution. The Court said the displays had an overtly religious intention. In the Texas case, the Court ruled that the Ten Commandments monument on the grounds of the State Capitol in Austin Texas represented neutral, legal intentions.

In the Texas case, the Court ruled in a similar fashion to a Maryland federal court which ruled last week that a Ten Commandments display in a Frederick, Maryland, park was constitutional.

Proponents and opponents of the display of religious material say the decision by the Court does not resolve or clarify the issue. It is likely that future cases will end up before the high court in future terms.
Liberals Frustrated Over Court's Split Decision -- 06/27/2005
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While Monday's news concentrated on the controversy over the Supreme Court's decision on the dsiplay of the Ten Commandments, many Americans and some lawmakers are still concerned over last week's decision that would allow a city to seize private property for a commercial interest. One lawmaker is, however, taking action.

Sen. John Conyn (R-TX) has introduced legislation that would prohibit the transfer of private property without the owner's consent if federal funds are used or if the purpose of the seizure is economic development rather than public use.

"It is appropriate for Congress to take action...to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain," Cornyn said.

"This legislation would declare Congress's view that the power of eminent domain should be exercised only for 'public use,' as guaranteed by the Fifth Amendment," Cornyn said. "Most importantly, the power of eminent domain should not be used simply to further private economic development."

Conyn's legislation would clarify that "public use" does not include economic development.
Outrage Lingers Over Property Rights Ruling -- 06/28/2005
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Following Monday's refusal of the Supreme Court to hear an appeal from reporters who refused to reveal their sources to a federal grand jury, a federal appeals court upheld a civil contempt finding against several other reporters.

Former nuclear scientist Wen Ho Lee filed a lawsuit against the government saying that it violated the Privacy Act by releasing information about him to reporters. According to Lee's attorney's the identity of the sources is critical to his case.

The appeals court ruled the lower court did not abuse its discretion in its finding of contempt for four reporters. The four reporters are H. Josef Hebert of The Associated Press, The New York Times' James Risen, Robert Drogin of the Los Angeles Times and Pierre Thomas, formerly of CNN and now of ABC.

The appeals court did reverse the contempt citation against New York Times reporter, Jeff Gerthm saying there was sufficient evidence to sustain such a conclusion.

The reporters could face fines of $500 per day for refusing to answer questions about their sources.
Contempt Finding Upheld Against Reporters
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There could be an update later today, but there will be no Briefings or Updates from June 29 through July 2 or 3.

Monday, June 27, 2005

Monday Briefing - Ten Commandment Decisions - 6.27.05

Top Story

On the last day of the term, the US Supreme Court ruled in two cases on whether the display of the Ten Commandments in a public place is constitutional. The cases argued earlier in the term were from Kentucky and Texas. The result, a split decision.

In the Kentucky case, the court ruled 5-4 that the display of framed copies of the Ten Commandments in two Kentucky courtrooms was unconstitutional. The courts said that those framed copies could be construed as a government endorsement of religion.

In the majority opinion Justice David Souter wrote, "When the government acts with the ostensible and predominant purpose of advancing religion, it violates that central Establishment clause value of official religious neutrality."

The ruling said only "neutral" displays such as historical context are permissible.

In a separate case, the Court rules that a granite display of the Ten Commandments on the grounds of the State Capitol in Austin was constitutional. This is similar to a lower court ruling issued last Thursday that said a similar display in a park in Maryland was permissible.

For the moment it seems that this court is ruling that the display of the Ten Commandments and, perhaps, other religious symbols may be constitutional depending on the location and nature of the display.

This is a breaking story with more to come later.
Mixed Rulings on Ten Commandments -- 06/27/2005
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A major Internet industry and the hopes of millions of users were dashed by a Supreme Court decision today.

In a unanimous decision, the court ruled that Internet file-sharing companies could be held liable if they intend their software to be used by consumers to swap songs and movies illegally.

The decision sends the case back to a lower court for trial. The court said that there was enough evidence of unlawful use for the case to go to trial.

"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote for the court.
Court: File-Sharing Services May Be Sued - Yahoo! News
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In a 7-2 ruling, the US Supreme Court decided police cannot be sued for how they enforce a restraining order.

The court said a Colorado woman did not have a constitutional right to police enforcement of the court order against her husband.

The woman contended police did not do enough to stop her estranged husband from taking their three daughters in violation of a restraining order. The husband was killed in a shootout with police. The bodies of the three young girls were found in his truck.
Cops Can't Be Sued for Restraining Orders - Yahoo! News
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The US Supreme Court declined to hear an appeal from two journalists for failing to reveal their sources in a high-profile federal case.

Matthew Cooper and Judith Miller were convicted on contempt for failing to reveal their sources in a story about a White House leak that revealed the name of an undercover CIA agent, Valerie Plame.

The case will return to the lower court which could sentence the two journalists to prison.

While several states have Shield Laws which allow journalists to refuse to reveal sources in court, there is no such law at the federal level.
US Supreme Court declines journalists' appeal in CIA spy case - Yahoo! News
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From the bench, Chief Justice William H. Rehnquist announced the US Supreme Court would be in recess until October 3, 2005. There was no announcement of a retirement.

Speculation is rampant in Washington about the retirement of Rehnquist or Justices Sandra Day O'Connor or Arthur Kennedy.

A retirement announcement could come in a press release or announcement from the White House at a later time.
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More later.

Friday, June 24, 2005

Friday Update - Rumsfeld Rejects Kennedy Assertions - 6.24.05

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During a contentious Senate Armed Services Committee, Sen. Ted Kennedy (D-MA) continued his never-ending comparison of the war in Iraq to Vietnam. In a rambling, sometime incoherent speech (Kennedy doesn't ask questions), the senior senator from Massachusetts claimed that the war in Iraq has been "grossly mismanaged" and was a "quagmire."

Sitting at the witness table, Defense Secretary responded, "First let me say that there isn't a person at this table who agrees with you that we're in a quagmire and that there's no end in sight."

This did not deter hard questions from other senators and a final "question" from Kennedy. "Isn't it time for you to resign?"

Rumsfeld responded that he had offered his resignation on two occasions, but it was the "president's call to make." The answer implying that the Secretary of Defense did not report to Sen. Kennedy or any other senator. He does serve, like all cabinet members, "at the pleasure of the President."
Rumsfeld rejects notion Iraq war is a 'quagmire' - Yahoo! News
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To no one's surprise the White House is standing behind the comments made by White House adviser Karl Rove. In a speech Wednesday, Rove said the reaction of liberals to the 9/11 attacks was to "prepare indictments and offer therapy and understanding to our attackers." Rove's remarks accurately reflect the comments made during the 2004 presidential campaign by John Kerry and other liberals and Democrats.

"I think Karl was very specific, very accurate, in who he was pointing out," communications director Dan Bartlett said. "It's touched a chord with these Democrats. I'm not sure why."

Congressional Republicans joined the White House in standing behind Rove, saying that he was pointing out a philosophical difference between a president who wants to win the war and his opponents who have questioned that approach.

The backing of Rove's statements by members of the House and Senate is in sharp contrast to the response to remarks by Sen. Dick Durbin (D-IL) that compared US interrogators at Guantanamo Bay to Nazis, Soviets, and members of the Pol Pot regime. Not one Democrats made a public statement supporting Durbin. Privately, this writer believes, Democrats rallied around the Illinois democrat.

Under pressure, Durbin apologized on the floor of the Senate for his statements. The script for the apology, complete with tears, was a well-written Hollywood script.
White House Stands Behind Rove Comments - Yahoo! News
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As it continues to change its line-up to focus more on news, CNN will drop the "Capitol Gang" from it weekend schedule.

With the cancellation of "Gang" and earlier "Crossfire," CNN has not program with a conservative voice. This solidifies CNN's reputation as a bastion of liberal thought and expression. This move will not help CNN gain ratings or get close to #! cable news outlet, Fox News Channel.
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Today is shaping up to be a slow news day for Check This Out! There is unlikely to be a late afternoon update. Unless events warrant, see you Monday.

Please note: There will be no updates on Check This Out! from June 29 - July 3.

Thursday, June 23, 2005

Thursday Update - Dems Want Rove to Apologize or Resign - 6.23.05

Democrats are asking for an apology or resignation from White House political adviser Karl Rove after remarks in a speech on Wednesday evening.

Rove spoke to the New York Conservative Party and reflected on the differences between the liberal and conservative reaction to the 9/11 attacks. Rove said, "Liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers." Conservatives, he said, "saw the savagery of 9/11 and the attacks and prepared for war."

This rhetoric from Rove is nothing news. During the 2004 campaign, President Bush used similar rhetoric to describe the Democrats and their candidate John Kerry. In several speeches candidate Kerry said that the United States should be more "sensitive" to our enemy. Sounds like Rove's speech is right.

Today Democrats are demanding an apology or resignation from Rove.

Leading the attack were far-left senators Charles Schumer (D-NY) and Hillary Clinton (D-NY).

Schumer said Rove "took something that is virtually sacred to New Yorkers" — the tragedy of the Sept. 11 attacks — "and politicized it for political, opportunistic purposes."

"Karl Rove is not just another political operative," added senator Clinton. "He sits in the White House, a few doors down from the president."

Of course, neither Schumer or Clinton have politicized the 9/11 attacks for their own use.

White House press secretary Scoot McClellan came to Rove's defense at Thursday's press briefing saying that the political adviser was "simply pointing out the different philosophies and different approaches when it comes to winning the war on terrorism."

"Of course not," McClellan said when asked by reporters whether President Bush will ask Rove to apologize.
Dems Say Rove Should Apologize or Resign - Yahoo! News
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The fun never ends at Chicago City Hall. Over the past month, the city administration has been handling scandal after scandal. From a drug ring in the Water Department to workers falsifying time cards for other workers. It just doesn't seem to end.

Wednesday two more members of the Daley administration left city hall. Inspector General Alexander Vroustouris was forced out of office for "investigative problems" stemnming from his slow progress on earlier City Hall scandals.

The action was a part of the Daley adminstration attempt to stop fruther revelations during a federal probe into the scandal-ridden Hired Truck program. That investigation has resulted in criminal charges agaibst 27 people including several city workers.

Also leaving the Daley administration is Streets and Sanitation Commissioner Al Sanchez. Sanchez is one of the most visible members of the Daley administration, especially during snow storms. Sanchez is responsible for setting up the city's snow emergency system and center. Resports are that Sanchez is retiring, but you can never be too sure.

Both men were praised by Mayor Daley for their service to the City of Chicago.
Chicago Tribune news : News
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In a 284 - 140 vote the US House voted not to cut funding to public broadcasting. Supporters of the left-leaning broadcasters said it demonstrated the enduring public support for programs like "Sesame Street" and the "News Hour."

The House Appropriations Committee recommended that $100 million of the $400 million dollars allocated to the Corporation for Public Broadcasting be cut from the fiscal year starting in October.

It is likely that the battle to fund public broadcvasting is not over. CPB is, generally, forward-funded meaning it is allocated funds years in advance of the actual budget. The reason for the restoration may lie with the forward-funding concept rather than real support for the taxpayer supported liberal broadcasters.
House Won't Cut Public Broadcasting Funds - Yahoo! News
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More tomorrow.

Thursday Briefing - Court Says Cities Can Seize Property - 6.23.05

FLASH UPDATE

One time Ku Klux Klan leader and former preacher Edgar Killen was sentenced to 60 years in prison for the 1964 slayings of three civil-rights workers.

Circuit Judge Marcus Gordon gave Killen 20 years for each count of manslaughter. Gordon said the terms would run consecutively.

Killen, 80, was convicted Tuesday for the killings of Michael Schwemer, James Chaney, and Andrew Goodman.

Judge Gordon said he took no pleasure in the task and that the law makes no distinction of a defendants age at sentencing.

"I have taken that into consideration that there are three lives involved in this case and the three lives should absolutely be respected," Gordon said.

Defense attorney James McIntyre said he will appeal, arguing the jury should not have been given the manslaughter option. Judge Gordon will hear motions for a new trial on Monday.

The slayings in 1964 helped to spur the civil-rights movement and were the inspiration for the film "Mississippi Burning."
Ex-Klansman Gets 60 Years for 1964 Murders - Yahoo! News
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Top Story

The Supreme Court ruled on a case this morning that has been anxiously awaited by cities, homeowners, and business.

In a sharply divided 5-4 decision, the Court ruled that cities may seize property over the objections of homeowners and businesses for private development.

As a result of today's decision, cities may now condemn or seize property slated for development into shopping malls and other revenue generating venues.

Writing for the court, Justice John Paul Stevens said local officials, not federal judges, know best in deciding whether a development project will benefit the community. States are within their rights to pass additional laws restricting condemnations if residents are overly burdened, he said.

At issue was the scope of the 5th Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

In a sharply written dissent, Justice Sandra Day O'Connor writes, ""Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
Supreme Court Rules Cities May Seize Homes - Yahoo! News
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The US Supreme Court struck down a Michigan law that barred criminal defendants from receiving state-paid who plead guilty or no contest who later want to appeal.

The one-of-a-kind 1994 law, designed to clear a backlog of thousands of cases, barred automatic appeals to defendants who plead guilty or no contest. Those defendants may ask the Michigan Supreme Court for permission to appeal, but permission was rarely granted.

Justice Ruth Bader Ginsburg, writing a 6-3 decision, said the defendant in the case was entitled to an attorney.

"Navigating the appellate process without a lawyer's assistance is a perilous endeavor for a layperson, and well beyond the competence of individuals, like Halbert, who have little education, learning disabilities, and mental impairments," she wrote.

Had the justices upheld the law, it would have been copied by several states to relieve the backlog of cases at the appellate level. Seventeen states filed arguments supporting Michigan.
Supreme Court Strikes Down Michigan Law - Yahoo! News
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Always seeking publicity, Sen. Charles Schumer (D-NY) revealed the existence of a letter sent to the White House to encourage the President to consult with Senate Democrats "before" selecting a nominee to the US Supreme Court.

"The way to avoid the divisiveness and discord that occurred over past judicial nominations is through consensus and cooperation in the selection of future candidates," the Senate Democrats said in a letter sent to the White House on Thursday.

While the letter speaks of "bipartisan cooperation," it is not what the Senate Democrats want. They want to control the selection of a judicial nominee. They want to ignore the Constitutional right of a president to select judicial appointments. They wan a liberal on the high court.

The Senate Democrats believe that the "advise and consent" clause of the Constitution means "let us decide who should nominate or we will filibuster them."

Fortunately, the White House is, for the most part, going to ignore the Senate Democrats.

Sen. John Cormyn (R-TX) responded to the Democrats saying they were trying to politicize the process before there was a vacancy on the high court.

"Senior Democrats continue to demand a future role in selecting the president's judicial nominees, while preventing the confirmation of current nominees," Cornyn said.

Both liberal and conservative groups are gearing up for a protracted fight over the next Supreme Court nominee. Depending on who retires, it could be as easy as elevating a current Justice to Chief Justice or it could be another game of "obstruction" and the "agenda of no" to however the president nominates.

A conservative group, Progress for America, has begun to air television ads saying the Senate Democrats "will attack anyone the president nominates." It has been true for almost every appellate judge, it will be true for anyone nominated to the Supreme Court.
Senate Dems Want Consult on Court Pick - Yahoo! News
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More later.

Wednesday, June 22, 2005

Wednesday Update - House Passes Flag Amendment - 6.22.05

Good afternoon . . .

The US House passed a constitutional amendment that would give the Congress the power to ban desecration of the American flag. While this amendment has been offered and passed by the House, it is the first time that the measure may also pass the Senate.

Debate on the amendment was whether such a ban would hold-up or run contrary to freedom of speech protections. The measure was passed by a 286 - 130 vote -- eight more votes than needed to pass an amendment to the Constitution. The Constitution requires two-thirds of those present to vote for the measure in order to send it to the Senate.

Supporters of the measure say it reflects the renewed patriotism of the country in the wake of the 9/11 attacks and claim detractors of the bill are out of touch with the sentiment of the American people.

The measure was designed to overturn a 1989 Supreme Court decision that found that flag burning was protected speech and threw out a 1968 federal statute.

If the amendment passes the Senate, which would require 67 votes, it will got to the legislatures of the states. Two-thirds of the states must approve the measure before it can become part of the Constitution.

The Senate is expected to take of the bill after the July 4th holiday.
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The former president and CEO of Helene Curtis plans to run for the Republican nomination for governor of Illinois.

Ron Gidwitz who served as the head of the state Education Department from 199 - 2004 leads a coalition of business groups critical of democrat gov. Rod Blagojevich's fees and tax increases.

"We have a governor who doesn't show up at the office in Springfield, doesn't lead the Legislature in a fashion that's going to solve the problems, is fiscally imprudent by borrowing money from the pension funds," Gidwitz said.

Gidwitz is referring to the governor maintaining his residence in a Chicago suburb and working out of an office in Chicago instead of living and working in Springfield, the state capitol.

Gidwitz joins dairy owner Jim Oberweis as Republican candidates. A report on a Chicago television station last week says that former Chicago school CEO Paul Valis may run against Blagojevich in next year's primary. Because Valis left the state to take over Philadelphia schools, there may a court fight over Valis' residency.
Former Cosmetics CEO to Run for Ill. Gov. - Yahoo! News
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Senate Majority Leader Bill Frist (R-TN) was not the only senator attending a luncheon at the White House on Tuesday. Senate Republicans sat down with the president for a policy lunch. Democrats immediately pounced on the meeting to show the Republicans are in turmoil. "This is the first time that Republicans have been in such disarray that they have to go to the White House to have cheerleaders," Senate Minority Leader Harry Reid (D-Nev.) said yesterday. Reid wishes he could go to the White House for a policy lunch. It will not happen in your lifetime senator.

Not since thReaganan administration had the senators gone to thWhitete House for a policy meeting of this extent. President Bush did attend a similaluncheonon Capitol Hill during his first term.

Sen. Norm Coleman (R-Minn.) said the general purpose of the meeting was to "fire up the troops before the next big recess."

Coleman added that Bush focused on "the Senate getting stuff done" but did not interpret the president as being critical of the Senate's pace of productivity. One attendee described Bush's remarks to the senators as covering a "shopping list" of issues.

The most visible outcome of the lunch was Frist's "flip-flop" on the Bolton nomination. Before the lunch Frist hinted that the nomination may be dead. After the meeting with Bush and other Republicnas, Frist said he will continue to fight for the President's nominee.
Bush and Senate GOP lunch at White House
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For you movie buffs out there, here is a link to the American Film Institute's (AFI) list of the top 100 quotes from US films. AFI's Top 100 Movie Quotes
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More tomorrow.

Wednesday Briefing - Durbin Apologizes - 6.22.05

Top Story

In what may be a surprise to many Senate watchers, Sen Richard Durbin (D-IL) came to the floor of the Senate on Tuesday to apologize for his remarks comparing US interrogators at Guntanamo Bay to Nazis, Soviets, and the regime of Cambodia's Pol Pot.

Before issuing the apology, Durbin restated his press release of Friday saying that his words on the Senate floor last Tuesday were "misunderstood." Senator, they were not misunderstood. Your speech on the Senate floor was clear and unmistakable. There was no confusion. There was no doubt you meant what you said.

"Mr. President, I've come to understand that was a poor choice of words," said Durbin. "Last Friday, I tried to make this very clear that I understood that those analogies - the Nazis, Soviets, and others - were poorly chosen. I issued a release, which I thought made my intentions and my innermost feelings as clear as I possibly could," added Durbin.

If the senior senator from Illinois wants to call it a poor choice of words, so be it. It was his choice of words that are the problem. During the week that passed since Durbin's remarks, no Democrat publicly supported his statement. Durbin's reluctance and refusal to apologize until yesterday, demonstrates tacit approval of his statements by Senate Democrats.

Durbin's apology followed on the heels of a letter written to Senate Minority Leader Harry Reid (D-NV) by Majority Leader Bill Frist (R-TN). Although the letter may have been effective in pushing the democrats to ask Durbin to apologize, it was called "pathetic" by a Reid staffer. In addition to Frist's letter, calls for a censure by former House Speaker Newt Gingrich and a complaint by the Anti-Defamation League plus the White House put Durbin in a "no-win" situation.

While he did apologize for the C-SPAN cameras, it is unlikely that it was heartfelt or sincere. It is unlikely to help Durbin in the 2006 election. He may win the primary, but a solid Republican candidate with ties to the military and the Jewish community will soundly defeat Durbin. At least, that is the hope of patriotic Americans.

Will Durbin pick his words more carefully in the future? No, he doesn't believe his statements were wrong.
Durbin Apologizes on Senate Floor for Nazis, Soviet Gulags Remark -- 06/21/2005

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With all the controversy surrounding comments made by DNC Chairman Howard Dean and Sen. Dick Durbin (D-IL), democrats were careful to avoid public statements and the media at a fundraiser Tuesday night.

All speakers, including Dean and Durbin refused to take questions from reporters before or after the vent.
Dean, Durbin Avoid Reporters, Controversy at Fundraiser -- 06/22/2005
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In order to waste more taxpayer dollars on useless commissions and hearings, House Democrats are calling for a commission on "prisoner abuse."

House Minority Leader Nancy Pelosi (D-CA) and Henry Waxman (D-CA) announced the introduction of legislation that would set-up such a commission. Neither could provide information on how the commission would be funded or who would be placed on the commission.

Pelosi could only offer criticism of the Bush administration and the U.S. military.

"It is a disgrace that the matters relating to the treatment of detainees have not been meaningfully investigated by this House," Pelosi said.

"The treatment of detainees is a taint on our country's reputation, especially in the Muslim world, and there are many questions that must be answered," Pelosi said. She said the safety of the United States "depends on our reputation and how we are viewed, especially in the Muslim world."

Neither Pelosi or Waxman have visited any prison in Iraq or Guntanamo Bay to see first hand the condition of prisoners.
Democrats Call for 'Prisoner Abuse' Commission -- 06/22/2005

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By the end of next week, the US Supreme Court should issue its ruling in two cases involving the display of the Ten Commandments. A federal court in Maryland may have "jumped the gun."

In its ruling Tuesday a federal district court in Maryland said that a Ten Commandments memorial sponsored by the Fraternal Order of Eagles (FOE) in a park in Frederick was constitutional.

"As there is no evidence of religious purpose for Frederick's display, and no indication that its secular purpose was insincere, the Court finds that Frederick had a secular purpose in displaying the monument," the court said in its ruling.

"In light of these historical and secular considerations, and the FOE's freedom to remove the monument at any time, no reasonable observer would believe the continued display on the Memorial Ground was intended to advance religion," the court added.

In light of this ruling, it will be interesting to see how the high court rules on its cases from Kentucky and Texas.
Maryland Court Rules Ten Commandments Display Constitutional -- 06/21/2005
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Many of the laws passed by state legislatures go into affect on July 1. For most states, this is the date the new fiscal/budget year starts providing funding (sometimes) to new initiatives. Other states allow laws to go into affect 90 days after passage or on Jan 1 of the following year.

In California, Montana, and New Mexico new laws will go into affect to further protect children and communities from sex offenders.

Several states including Indiana, Kentucky, and Georgia will have laws in place to restrict the sale of certain cold medicines. These medicines include an ingredient used in the production of methampheatamine.

Several states passed laws that will strengthen auto safety including laws banning the use of cell phones while driving, a law requiring a child alarm in day-care vans, a law requiring children to be in a safety seat until the age of 8, and a law requiring headlights to be turned-on whenever the driver uses the windshield wipers.

For a complete list of laws in your state go to stateliness.
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More later.

Tuesday, June 21, 2005

Tuesday Update - Frist "Flip-Flops" on Bolton Nomination

Good afternoon . . .

UPDATE
An 80-year old former Klansman and preacher was convicted on manslaughter By a Mississippi. Edgar Ray Killen was convicted of three counts of manslaughter in the 1964 killings on three civil rights workers, James Chaney, Andrew Goodman, and Michael Schwemer.

The jury rejected pleas for a murder conviction, but rejected defense claims that Killen was not involved in the killings.

Circuit Judge Marcus Gordon said sentencing would occur later in the day. Killen seated in a wheelchair was taken into custody.

Relatives of the slain civil-rights workers were present in and near the courtroom, but not all of them saw the verdict as a victory.

Rita Schwerner Bender, praised the verdict, calling it "a day of great importance to all of us." But she said others also should be held responsible for the slayings.

"Preacher Killen didn't act in a vacuum," Bender said. "The state of Mississippi was complicit in these crimes and all the crimes that occurred, and that has to be opened up."

Defense lawyer James McIntyre said an appeal would be filed, noting the defense objected to giving the jurors the manslaughter option.
Ex-KKK Member Convicted in 1964 Killings - Yahoo! News
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One of the reasons Sen. John Kerry (D-MA) lost the 2004 presidential race was his inability to develop or maintain a stance on an issue. He consistently changed sides depending on the latest polls. While this worked well for Bill Clinton, it was a disaster for Kerry.

Changing sides on an issue is no longer the hallmark of democrat presidential candidates, the Majority Leader in the Senate may have caught the same disease.

After failing to reign in support for John Bolton's nomination as ambassador to the UN and close debate in the Senate, Bill Frist (D-TN) said today he would not schedule any further votes for Bolton. It appeared Frist had given up on the nomination, lacked the leadership to press it, and cannot control Republicans. All of which is putting the president's agenda in jeopardy. It will also put Frist's presidential aspirations in jeopardy.

After a meeting with President Bush today, Frist has now changed his mind. Frist will schedule another vote on the Bolton nomination. The timeline is not known.

The president made it very clear that he expects an up-or-down vote," Frist said at the White House, after lunching with the president.

"The decision in talking to the president is that he strongly supports John Bolton, as we know, and he asked that we to continue to work," Frist said. "And we'll continue to work."

If Frist is not able to find the votes necessary to end debate and force a vote on the nomination, his value as majority leader will be over and it will be time for someone else to become leader.

It is certain the Senate Democrats and their liberal friends in the media will jump on this opportunity to show that Kerry is not the only senator who "flip-flops" on an issue.
The president made it very clear that he expects an up-or-down vote," Dr. Frist said at the White House, after lunching with the president.

"The decision in talking to the president is that he strongly supports John Bolton, as we know, and he asked that we to continue to work," Dr. Frist said. "And we'll continue to work."
In Reversal After Bush Meeting, Frist Will Seek New Bolton Vote - New York Times
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I rarely report a sports story in this column. I would consider myself a fan of very few, but one of my passions is open-wheel racing. In particular, Indy car, Champ car, and Formula 1. Formula 1 and a few Champ cars races are really about the driving. Instead on four turns per lap, the twists and turns through city streets or on airport runways and it is a little more exciting and challenging than just turning corners.

After last weekend, Formula 1 racing in the United States is a dead sport. The "F1 debacle" as it is called has turned drivers and race fans against the up-scale, luxury racing circuit. It is too early to tell, but the US Grand Prix at Indianapolis may not return in 2006.

On Sunday, as the race was ready to being, 14 of the 20 cars in the race abruptly pulled off the track to protest the poor quality of Michelin tires. Team owners said the Michelin tires were not capable of handling the high speeds in Turn 13. Formula 1 Racing for its part refused to make a compromise that would allow teams to use different tires. Formula 1 said no.

The race continued with six cars using Bridgestone tires that could handle the speed and Turn 13. Thousands of fans left the Indianapolis Motor Speedway demanding their money back. The Speed Channel, the only US channel that coves Formula 1 is, obviously, upset at the teams and Formula 1 Racing.

Today in Paris, the Formula 1 governing body charged the seven teams involved with damaging the reputation of Formula 1 Racing and violating the International Code of Sports. (Whatever.)

The FIA released copies Tuesday of letters it sent to Renault, McLaren-Mercedes, Toyota, Williams-BMW, BAR-Honda, Sauber and Red Bull.

The charges include failing to ensure they had a suitable set of tires, wrongfully refusing to allow their cars to start the race, wrongfully refusing to allow their cars to race subject to a speed restriction and combining with other teams "to make a demonstration damaging to the image of Formula One by pulling into the pits immediately before the start of the race."

The teams also were accused of failing to notify stewards of their intention not to race.

Possible sanctions include fines, docked points or even an order to pay compensation.

Whatever the sanctions, whatever the eventual outcome of any further meetings, Formula 1 Racing has lost it reputation and a large chunk of its fan base, including me. So, so long Ferrari, Lotus, McLaren, and Renault, it's been nice following you for many years, but no longer. I might remove my Michelin tires from my car.

This debacle will not, repeat NOT, make me a fan of NASCAR. As noted earlier, just driving in a circle holds no interest to me.
F1 Says Michelin Teams Damaged Reputation - Yahoo! News
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Even in death, the battle over Terri Schiavo continues. The ashes of Schiavo, who died in March, were buried Monday.

Michael Schiavo angered his former in-laws by not notifying them about the burial and for the inscription of her grave marker, "I kept my promise."

He also listed Feb. 25, 1990 as the date Terri "Departed this Earth." That is the day Schivao collapsed and fell into a persistent vegetative state.

David Gibbs, the Schindler family attorney, said, "Obviously, that's a real shot and another unkind act toward a grieving mom and dad." The Schindler's continue to believe that Michael Schiavo had something to do with their daughter's collapse are do not believe the results of an autopsy that supported many doctors and Mr. Schiavo's claims.

Once and for all, will you people let her rest. As long as the acrimony exists between the families, it cheapens her memory and just makes more money for lawyers. It is time to grieve in peace and let Terri rest in peace.
Schiavo's Remains Buried Amid Acrimony - Yahoo! News
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More tomorrow.

Tuesday Briefing - Frist Seeks Apology - 6.21.05

Top Story

Senate Majority Leader Bill Frist (R-TN) is demanding an apology on the Senate floor by Sen Dick Durbin (D-IL) for his remarks comparing US interrogators at Guantanamo Bay to Nazis, Soviets, and Pol Pot.

In a letter to Senate Minority Leader Harry Reid (D-NV), Frist said that previous opportunities for Durbin to clarify his remarks did not go far enough.

"Subsequent statements by Senator Durbin indicate only that he was regretful if people misunderstood his remarks," Mr. Frist said. "We do not believe his remarks were misunderstood." As reported here, Durbin did not back away from his remarks, but blamed Republcans and the Bush administration for conditions in Guantanamo Bay.

The letter is the latest in a growing wave of criticism toward the Illinois Democrat. The list includes the Anti-Defamation League, White House spokespersons, Sen. John McCain, and former House Speaker Newt Gingrich. Gingrich has called for a censure of the senior senator from Illinois.

Jim Manley, a Reid Spokesperson called the letter "pathetic." "Republicans don't have an agenda, so they are trying however they can to pull attention away from the real problems facing the country," Manley said. "It is interesting to note that reporters got the letter before we did, as far as I can tell."

Actually, it is the Democrats who do not have an agenda, except the "agenda of no."
Frist tells Durbin to apologize on Senate floor-Nation/Politics-The Washington Times, America's Newspaper
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FLASH EXTRA

A jury in Mississippi has convicted a former member of the Ku Klux Klan in the killings of three civil rights workers in 1964.

Edgar Killen was convicted of manslaughter in a case that brings back the memories of the struggle for civil rights in the South.

The 80-year old Killen could receive up to 20 years for each count.

More as this story develops.
Ex-KKK Member Convicted in 1964 Killings - Yahoo! News
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Other Interesting Items

With both sides pointing fingers, the nomination of John Bolton to be ambassador to the United Nations was blocked by obstructionist Senate Democrats. The vote fell six votes shy of the required 60 votes to close debate.

Republicans continue to claim that Democrats are only interested in blocking a good nominee who is necessary to the administration's goal of reforming the UN.

Democrats blame the president for not during over confidential documents. Documents that would be leaked by the democrats to embarrass Bolton or the President.

The defeat also signals a continued erosion of the leadership ability of Bill Frist (R-TN). Frist was unable to keep all Republicans in line to vote to close the debate.

As noted here yesterday, it is likely that President Bush will give Bolton a recess appointment to the position when Congress leaves for the July 4 holiday. The appointment would remain in effect until January 2007. At that time, the Senate may have a filibuster proof majority.
Democrats Block Vote on Bolton Nomination -- 06/21/2005

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DNC Chairman Howard Dean told democrats at a fundraiser in Boston that he will continue to use harsh rhetoric to describe Republicans in spite of criticism from inside the party.

"We are going to be much tougher and in-your-face with the Republicans when they say things that aren't true," Dean said, in an apparent response to criticism outside and inside the Democratic Party that he is using over-the-top language to rally his party. Hold on Mr. Dean, are you saying that reports of what you said in typical liberal outlets is not true. Republicans did not report what you were saying, the Washington Post, New York Times, and the Boston Globe did.

Later in the speech, Dean attacked Vice President Dick Cheney's remarks about Dean. In an interview last week, Cheney said, "Maybe his mother loved him, but I've never met anybody who does."

Dean's response show he did not understand what Cheney said. "I don't care if Dick Cheney likes my mother or not; we are going to fight back," Dean said. Cheney said nothing about liking your mother, only that she is the only one who likes you, Howard. Maybe you should find a staff that can accurately report what is being said.

When asked about his remarks about Republicans, Dean declined to answer directly. Instead he blamed Republicans and the "media circus."

Are the Democrats sure they want Dean to lead the party? If so, more races will be lost, and the Libertarians may become a viable party.
Dean raises cash, party spirits - The Boston Globe - Boston.com - Local - News

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More later.

Monday, June 20, 2005

Monday Update - - 6.20.05

Good afternoon . . .

The Supreme Court today refused to review whether a lower court properly overturned a multi-million dollar settlement between landowners adjacent to railroad right-of-ways and telecommunication companies.

The telecommunications companies, including Sprint, purchased railroad right-of-ways across the country in the 1980's to expand fiber-optic networks. Landowners adjacent to the railroads argued that only the railroads held rights across private property. Landowners filed suit to receive compensation from the telecommunications companies.

A settlement between most of the parties was reached in 2002. Several landowners objected and fought the settlement in court. After several changes, a settlement was approved by a federal judge in 2003.

Again, several landowners objected and appealed the ruling. The 7th U.S. Circuit Court of Appeals in Chicago rejected the lower court's approval of the settlement class. The court ruled the class-action settlement was improperly approved by the lower court.

The decision by the Supreme Court not to review the case leaves the ruling of the Court of Appeals intact.

The case is Sprint v. Smith, 04-1381.
High Court Rejects Telecom Rail Appeals - Yahoo! News
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Could President Bush use a "recess appointment" to make John Bolton the ambassador to the United Nations? If he does, it would not be the first time president Bush has done so.

Judge William Pryor was given a recess appointment because Senate democrats filibustered his nomination to the bench. Jude Pryor was recently given Senate approval to continue on the bench as his "recess appointment" was due to expire. Under federal rules, the president may make one-year appointments during a Congressional recess. Earlier this year, the Supreme Court ruled that a recess was anytime Congress was not in session.

The White House continues to urge the Senate to give Bolton an up or down vote. Secretary of State Condoleeza Rice said the door is always open to a recess appointment.

If Bolton does receive a recess appointment during the upcoming July 4 recess, it will last until January 2007.

Senate Democrats continue to demand the release of confidential documents. The White House and State Department have said the Senate has received all the necessary documents for the vote.
Bolton may get recess appointment:- - World News - Webindia123.com

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From time to time, I venture to the National Review's website to find the latest column of founder William F. Buckley, Jr.

The column I found today was a little surprising. It was certainly the normal eloquent prose that readers of Buckley are accustomed to. It was the subject matter that surprised me.

It seems that the Michael Jackson trial and inappropriate verdict has found its way to Mr. Buckley's typewriter. William F. Buckley Jr. on Michael Jackson on National Review Online
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Pop-ups are annoying. That's nothing new, but some websites are going out of their way to annoy visitors even more.

Case in point is the Drudge Report. As readers may know, this column does not use "exclusive" reports from Drudge. Too many times they are inaccurate or just plain wrong. On one occasion Drudge announced the death of Pope John Paul II 30 hours before it actually happened. That is just one example.

Now the website has new ways to annoy visitors with pop-ups. When first accessing the site, nothing much happens. Then in the status line visitors receive a message saying "pop-ups are being block, please" disable you pop-up software. No, not going to do that. . . wouldn't be prudent. So, to get around that, refresh the page.

That's not the end of the pop-ups. Even with pop-up blocking software, the site sends so many pop-ups at the same time, at least 1 or 2 get through.

Finally, after deleting all the pop-ups, you can click on an article or link and before the linked page appears, another pop-up is in your face.

Bottom line, this write will no longer use the Drudge Report as a link to reliable sources. There are other and better ways to find the information.
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More tomorrow.