My latest "Scoring Scotus" is up at Eric Alterman's Altercation today. (the first one is here.) I won't be cross-posting, so please read both. I still have some reservations about Roberts. Does a brilliant legal mind trump a lack of experience in the trial courts? The Senate Questionnaire submitted by Judge Roberts when he applied for his seat on the D.C. Circuit Court of Appeals is available here(pdf), courtesy of Courting Influence.

It's somewhat curious to me that so many have touted his qualifications to a position on the nation's highest court when:

• He has never tried a case before a jury
• He has never presided over a trial as a judge
• He has little criminal law experience or expertise
• He has almost no experience practicing before state courts
• The sum total of his appellate experience is arguing 65 cases in 17 years.

By all accounts, Judge Roberts has a brilliant legal mind and a terrific temperament. But in addition to trying to ascertain his position on abortion, states' rights, the environment and the Commerce Clause, I hope the Judiciary Committee doesn't overlook the fundamental question of whether his experience makes him qualified for the job.

by TChris

Thomas Oliphant argues that it's time for the government to dump its lousy case against Ken Conley. He's right.

One thing that has not changed over the decade is the hideousness of the incident, involving as it did not only race but the infamous blue wall of police silence and the withholding of evidence from the accused. Police officers chasing a shooting suspect encounter an undercover cop, of color, and beat him to the point of disability before he can identify himself. None of them is ever convicted, all the penalties are administrative, but the one conviction in the case is of Conley, who actually arrested the suspect and has never wavered in his insistence that while he was apprehending the bad guy he never saw his brother officer being beaten.

Conley's conviction has been attacked repeatedly on direct appeal and in collateral proceedings, most recently resulting in a decision (upheld on appeal) vacating the conviction on the ground that the government withheld critical evidence from Conley: an FBI report of an interview in which a key witness retracted the statement that was used to secure Conley's conviction. Now the government needs to decide whether to take Conley to trial again.

by TChris

In addition to the useful questions suggested here to pose to John Roberts at his confirmation hearing, a NY Times editorial offers another useful question: If, as you claim, you've never been a member of the right wing's favorite legal organization, the Federalist Society, why were you "listed in a Federalist Society Lawyers' Division Leadership Directory for 1997-1998 as a member of the steering committee of the Washington chapter"?

Minneapolis' City Pages has a good primer on RoveGate. A sample:

Who are the targets of the inquiry?

With apologies to Karl Rove's lawyer, Robert Luskin, who has insisted the special prosecutor told him his client was not a "target" of the investigation, Rove clearly is a target. So is Cheney chief of staff Scooter Libby. Both have been named in multiple grand jury leaks in recent weeks, though they may not be the only administration figures facing possible charges. Other Cheney staffers, most notably national security aide John Hannah, have been mentioned in press and blog accounts, and recent leaks [1] [2] hint that former press secretary Ari Fleischer may be on the short list too.

Time is running out for Schapelle Corby. She has until August 3 to produce a witness who can prove she was framed and that the 4 kilos of pot for which she was sentenced to 20 years in an Indonesian prison were planted.

A Sydney drug dealer is ready to testify that the drugs planted in her luggage were meant for him. But, he will only testify if Australian prosecutors give him immunity and promise he won't be extradited to Bali.

Hundreds gathered to protest the Minutemen posse in New Mexico Saturday.

Hundreds of demonstrators marched through the streets Saturday to protest a controversial civilian border patrol group, calling the Minuteman Civil Defense Corps racist and un-American. The League of United Latin American Citizens, one of the oldest Latino civil rights organizations in the country, organized the march and rally to show that Minuteman volunteers were not wanted in the area.

Mary Jane Garcia, the majority whip of the New Mexico State Senate, called on the federal government to take action against the Minuteman volunteers and work on real reform of immigration laws. Forcing Hispanic immigrants out of the country is not the answer, she said.

by TChris

Is the Army's public affairs office inventing quotes and attributing them to unidentified Iraqis? This is from a July 13 press release issued by the military:

"The terrorists are attacking the infrastructure, the children and all of Iraq," said one Iraqi man who preferred not to be identified. "They are enemies of humanity without religion or any sort of ethics. They have attacked my community today and I will now take the fight to the terrorists."

This is from a press release issued by the same office yesterday:

"The terrorists are attacking the infrastructure, the ISF and all of Iraq. They are enemies of humanity without religion or any sort of ethics. They have attacked my community today and I will now take the fight to the terrorists," said one Iraqi man who preferred not to be identified.

Either the unidentified Iraqi has memorized his speech, or the Army's PR team is recycling quotes, which may or may have originated with an actual Iraqi. Strangely, the words echo language frequently employed by President Bush.

by TChris

Rex Penland's two nephews testified that they were with Penland when he picked up a prostitute in Winson-Salem in 1992.

The Sapp brothers testified that Penland drove Alford to a logging road in Stokes County, a mostly rural county north of Winston-Salem along the Virginia border, where he raped her, instructed his nephews to tie her to a tree, then stabbed her to death.

Penland testified that he was drunk and passed out. The jury believed the Sapp brothers, and Penland was sentended to death. New DNA evidence casts doubt on Penland's involvement.

by TChris

Cpl. Dustin Berg apparently believed an Iraqi police officer was going to shoot him, so Berg shot and killed the officer. Realizing that the shooting was unjustified, Berg tried to cover his mistake by shooting himself with the police officer's gun.

Berg, of Ferdinand, Ind., had changed his story multiple times during the investigation, initially saying the Iraqi had pointed an AK-47 at him to prevent Berg from reporting insurgent activity. On Monday, however, Berg said that Iraqi police officers as a matter of habit carried their guns with the barrels pointed slightly upward.

Berg pled guilty to a charge of negligent homicide. He was sentenced today to 18 months in prison. He'll also receive a bad conduct discharge.

Democrats are unveiling the Rove Clock today

The Wall Street Journal reports today (free article) that Special Counsel Patrick Fitzgerald could extend the term of the grand jury by six months. But there is little information other than speculation by outside lawyers as to whether he will.

The article also contains this statement.

Lawyers for both Mr. Rove and Mr. Libby said in recent days that prosecutors haven't told them their clients are targets of the investigation.

Would Fitzgerald notify the lawyers of their clients' changed status? I don't think so. Here are the rules from the U.S. Attorney's Manual on notification to targets.

Press release out today....26 Senators have written a letter to the House Speaker and Majority Leader of Congress calling for a Congressional investigation into the outing of Valerie Plame. Here's part:

The United States Congress has a constitutional responsibility to provide oversight of the executive branch, whether a law has been broken or not. It is time for Congress to fulfill that constitutional responsibility in this matter by initiating a thorough investigation.

We recognize that a criminal investigation is underway and that a special prosecutor continues to present testimony before a grand jury. These actions in no way preclude Congress’ responsibility to provide oversight. We urge you to exercise your authority as Congressional leaders by requesting the appropriate committees to begin oversight hearings and an investigation immediately.

The Senators named in the letter