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Archive of entries posted on July 2008

Judge Bates on Equitable Discretion

Judge Bates also rejected the argument that he should exercise his equitable discretion to decline to hear the case.  This was a little more of a surprise.  Given the highly political nature of the controversy before him, I thought the court would be tempted to exercise his equitable discretion, at least on a temporary basis [...]

Judge Bates on Inherent Contempt

The court rejected the Justice Department’s threshold arguments on standing and cause of action.  Based on the court’s remarks at the oral argument, this does not come as a surprise.  For reasons that I have discussed before, the court was not impressed with the Justice Department’s attempt to disavow the 1980s OLC memos which clearly [...]

Judge Bates Rules

I have quickly read Judge Bates’s  93-page opinion in favor of the House of Representatives in the Miers contempt case.  I will post just a few observations today. Tweet

CREWs Double Standard

               On June 12, 2008, Citizens for Ethics and Responsibility in Washington (CREW), a prominent “watchdog” group, issued a press release stating “in light of a news report detailing favorable loan terms given to current and former public officials by Countrywide Financial, [CREW] has written to both the Senate and House Ethics Committees asking for [...]

Inherent Contempt for Rove?

           House Judiciary Committee Chairman John Conyers is threatening Karl Rove with contempt for the latter’s refusal to appear at a congressional hearing in response to a subpoena.   Rove is evidently asserting that, as a former senior adviser to the President, he is absolutely immune from compelled testimony relating to his service in that capacity.  [...]