Judith Miller appeared before the grand jury today - for four hours . I'm been offline (just stopped in here for a minute) but I see Digby's on fire again. [link fixed.] Read all the posts and Tom Maguire at Just One Minute and Anonymous Liberal too.

Arianna writes that the plot thickens and wants to know what Miller is hiding.

by Last Night in Little Rock

The Nation's website late yesterday posted an interesting article: DeLay Indictment: Beyond Damage Control? The bottom line: He has nothing to lose, and the target for the media should be the jury pool. An interesting read from a different perspective.

Even better, however, is ThinkProgress.com's Tom DeLay Exercises His Right To Incriminate Himself with a video link.

by Last Night in Little Rock

The Oregon Supreme Court held yesterday that its State Constitution protects live adult entertainment shows and dancing, also voiding a 4' limitation. City of Nyssa v. Dulforth.

by Last Night in Little Rock

The ABA Journal eReport issued today says that a random survey of 1016 Americans (not including Lousiana, Mississippi, or Alabama because of Katrina) finds that half of the respondents believe there is a "judicial activism crisis."

From the Texas Monthly, February, 2005, (available on Lexis.com: an article profiling Texas DA Ronnie Earle: Much of the article is flattering to Earle, but it also talks about Earle's failed attempt in 1993 to have then-Governor Ann Richards appoint him to be U.S. Senator when Lloyd Bentson left to join Clinton's cabinet. Instead, she appointed a conservative Democrat who went on to lose to Kay Bailey Hutchison in the election. The article describes Earles' humiliating retreat and surrender in the Hutchison case (she was ordered acquitted by the Court on the first day of the scheduled jury trial after he announced he wanted to drop the charges.) There was an issue as to admissibility of evidence which the judge refused to rule on before trial, and on the first day of trial, not knowing what the ruling would be, Earle told the judge he wanted to drop the charges.

That same year, after hearing evidence from Ronnie and the Public Integrity Unit, a grand jury indicted Hutchison on allegations of using state employees for personal and campaign tasks and then destroying state files that documented the abuse. Hutchison was outraged by the indictments, as were two political advisers named Karl Rove and Karen Hughes. In seeking the Senate appointment from Richards, Ronnie had left himself open for an effective counterspin: The guy didn't get to be the senator, so he went after Hutchison in a fit of jealousy and spite.

Here's what happened:

The Ameicican Constitution Society blog has names and profiles of potential Surpeme Court replacement nominees for Retiring Justice Sandra Day O'Cornnor.

I'm still going with: Harriet Miers, Conselo Callahan or Larry Thompson.

My hope is Ed Prado.

by Last Night in Little Rock

According to today's NY Times, as soon as Roy Blunt became Majority Whip, he was pounced on for his own ethical lapses. Out numbered and outgunned, the Democrats have been hiding. With the Republican leadership wounded, they are coming out.

by Last Night in Little Rock

Constance Motley, the first African-American female federal judge, died Wednesday at 84. Her life warranted a NY Times story, and not just an obit. This is the passing of a legend that most lawyers have never heard of.

She paid her dues as a civil rights lawyer, working on school desegregation cases in the 50's and 60's. Back when law firms were 99% white and male, the NAACP lawyers were all races and both sexes.

She was on the bench just short of 40 years, and that would make her a Johnson appointee.

Tom DeLay's lawyer, Dick DeGuerin, says he's considering making a motion to move the trial out of Travis County. He is weighing the benefits of the motion against the effect it would have on a speedy trial. He'd like to get a jury seated before the end of the year, but that could be problematic if venue were changed.

The head of U.S. Rep. Tom DeLay's legal team said Thursday that he might seek to have his client's trial moved out of Austin, saying that one of Texas' last remaining liberal citadels might not be able to give the Sugar Land Republican a fair shake. "That's something we're considering," said Dick DeGuerin, a high-profile lawyer who is no stranger to criminal cases tinged with Texas politics. "Everything is on the table, but nothing's been decided."

Although no trial date has been set for DeLay, DeGuerin said he plans to ask the judge to expedite the process by either dismissing the charge against him or seating a jury before the year is out. An Austin lawyer with more than three decades of experience defending some of Texas' best-known political figures, DeGuerin said that if DeLay insists on a speedy trial, he will probably have to place his fate in the hands of jurors from Travis County.

A small correction, Dick's office is in Houston, not Austin. Anyway, two other lawyers quoted in the article disagree about whether DeLay could get an unbiased jury in Travis County, with the Republican asserting the jury isn't as important as the Judge, and that DeLay couldn't get an unbiased judge in that county. That seems like a big stretch to me. But, I am no expert on Texas judicial politics, if there is such a thing.

A third lawyer, whom I know and trust implicitly, is also quoted in the article:

by Last Night in Little Rock

Former Education Secretary Bill Bennett's "Morning in America" radio program has an alleged 1.25M listeners. He is also the author of "The Book of Virtues." In this audio clip from yesterday's show, he proves he is a bigot. This was found on MediaMatters.org.

MSNBC carries a story about the outrage. The appalling transcript is below.

Update: ABC News is reporting Miller will testify before the grand jury tomorrow.

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Original Post:

Via Atrios, the Philadelphia Inquirer reports Judith Miller was released from jail today.

She was released after she had a telephone conversation with the Vice President Dick Cheney's chief of staff, I. Lewis Libby, sources said. In that conversation, Libby reaffirmed that he had released Miller from a promise of confidentiality more than a year ago, sources said.

by Last Night in Little Rock

As the Chinese Proverb says: "May you live in interesting times." This has been an interesting week for the Republicans.

Waiting for the other shoe?