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?

by Last Night in Little Rock

The Paleo-Cons have already started the media campaign for the next nominee to the Supreme Court. Tonight on CNN was an ad whining about Roberts' having to testify for 22 hours, and that the next nominee should get a "fair up or down vote."

For the first time in my lifetime, a member of the U.S. Supreme Court is younger than me, by seven years. The most senior member, not including late Chief Justice Rehnquist who served 33 years, is Justice Stevens, who, Roberts noted today hits the 30 year mark in December.

Is 22 hours of testimony too much to ask for a 30 year job commitment?

by Last Night in Little Rock

NOLA.com reports today that NOPD Police Chief Ray Compass told friends and fellow officers immediately after announcing his retirement that Mayor Ray Nagin forced him out.

Two days ago, we reported here that the retirement would take place after a "transition period." The NOLA.com article makes it clear that Compass is out. CNN tonight had his replacement on tonight.

Under the headline: "Chief fired after heated confrontation / 'He had tears in his eyes. He didn't want to go.'"

Say hello to Microgram, the monthly publication of the Drug Enforcement Administration. Enjoy! [hat tip to Allen at NORML.)

Reason has more on Microgram's becoming available to the public.

Update: 5/27/2009: Since this post was written, the state of Missouri appealed the granting of the writ and got the order granting bail reversed. The 8th Circuit reinstated Dale's murder conviction and the U.S. Supreme Court denied cert. America's Most Wanted will feature Dales' case Saturday, May 30, 2009.

Update: 9/29/05 U.S. Magistrate Judge Richard Noce has granted Dale Helmig's habeas motion on the grounds that the jury was shown and utilized a map during deliberations that had not been introduced at trial. Details of the map were found by a student in the Illinois State University Innocence Project who interviewed jurors for a new documentary on the case. Dale's murder conviction and life sentence have been ordered vacated. He will be freed unless the state retries him within 90 days - or unless the State appeals. (The prosecutor says it will retry him within the time period unless it appeals.)

Tom DeLay's arraignment has been set for October 21. A poster at Daily Kos speculates he already has a plea bargain and will plead no contest. He bases this on the Indictment which mentions DeLay's waiver of the statute of limitations (which I referenced in the comments section here) and his having gone in for talks with prosecutors ( discussed here.)

I doubt it. First of all, I don't think Dick DeGuerin was representing DeLay at the time he waived the statute of limitations or when he went in for talks, and that his prior (or newly subjugated) counsel arranged both. This article says DeGuerin only recently has become involved in the case.

This is music to our ears. Dan Balz of The Washington Post writes that the indictment of Tom DeLay, coupled with Bill Frist's problems, RoveGate and Bush's declining ratings due to Katrina, Iraq, gas prices may signal serious setbacks to the Republican Party in the next election cycle, and that Republican leaders in Congress recognize it.

Republican strategists were nearly unanimous in their private assessments yesterday that the party must brace for setbacks next year. On almost every front, Republicans see trouble. Bush is at the low point of his presidency, with Iraq, hurricane relief, rising gasoline prices and another Supreme Court vacancy all problems to be solved. Congressional Republicans have seen their approval ratings slide throughout the spring and summer; a Washington Post-ABC News poll in August found that just 37 percent of Americans approve of the way Congress is doing its job, the lowest rating in eight years.

People for the American Way provides this list of consensus nominees for the replacement of retiring Justice Sandra Day O'Connor:

There are a number of distinguished judges first appointed to the federal bench by Republican presidents who would, like Sandra Day O’Connor, likely receive overwhelming bipartisan support to replace her. Among them are Ann Williams of the U.S. Court of Appeals for the 7th Circuit, Sonia Sotomayor of the 2nd Circuit, Jose Cabranes of the 2nd Circuit and Edward Prado of the 5th Circuit. President Bush would serve the country well by choosing a consensus nominee rather than an ideologue who would move the Court substantially to the right.

My pick: Ed Prado.