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Archive of entries posted on April 2009

A Strange Analogy

           As I have discussed before, the Obama Administration has imposed, by executive order, certain rules that apply only to lobbyists registered under the Lobbying Disclosure Act.  One of these rules prohibits executive branch officials from meeting with lobbyists regarding specific projects funded by the stimulus bill.                The principal author of these policies is [...]

Renzi District Court: Speech or Debate Clause Does not Create “Super Citizens”

           In an order issued earlier this month, U.S. District Judge David Bury of the U.S. District Court of Arizona rejected some of the key Speech or Debate claims made by former Congressman Rick Renzi.  This ruling means that Renzi will almost certainly be unsuccessful, at the district court level, in his attempts to suppress [...]

More on Bybee Impeachment

           The National Law Journal has an interview today with Professor Michael Gerhardt, author of The Federal Impeachment Process, regarding the possibility of an impeachment of Judge Jay Bybee.  Gerhardt’s responses are appropriately tentative, given the uncharted territory involved:  NLJ: May a judge be impeached for conduct committed before becoming a judge? MG: You have [...]

Could Congress Impeach Judge Bybee?

           Sunday’s New York Times editorializes that Congress should impeach Judge Jay Bybee, who now sits on the U.S. Court of Appeals for the Ninth Circuit, for actions he took in his former position as head of the Office of Legal Counsel.  Specifically, the Times argues that OLC memos authored by Bybee and others regarding [...]

Why It is Pointless to Sue a Member of Congress for Defamation

        The D.C. Circuit just threw out the defamation suit filed by U.S. Marine Sergeant Frank Wuterich against Congressman John Murtha.  Wuterich alleged that Murtha, in a series of interviews with the media, made false and defamatory comments regarding the conduct of the squad led by Wuterich in Haditha, Iraq, in 2005.  Specifically, Murtha, according [...]

What Holder Did on DC Voting Rights

          In February I wrote to suggest that the DC Voting Rights Act poses a significant challenge to the view expressed by many regarding the need to “de-politicize” the Justice Department and the Office of Legal Counsel in particular.  The reason is that this view squarely conflicts with the political imperative of supporting the Act, which is, [...]