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
Tags: Supreme Court, Sandar Day O'Connor Court
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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
Tags: Judith Miller, Matthew Cooper
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More on Tuesday. Happy Fourth of July.
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