February 2010

  • February 4, 2010

    Following his participation in an ACS forum on the first year of President Obama's judicial nominations, constitutional law expert Michael Gerhardt talked with ACSblog about the challenges the administration faces in the coming year. In an election year, Gerhardt, the Samuel Ashe Distinguished Professor in Constitutional Law at the University of North Carolina School of Law, said we should expect "more friction, rather than less," over the president's judicial nominations. Watch the entire interview below or download it as a video podcast here. Video of the entire ACS event, "Judicial Nominations in the First Year of the Obama Administration" is available here.

  • February 4, 2010
    BookTalk
    Picking Cotton
    Our Memoir of Justice and Redemption
    By: 
    Jennifer Thompson-Cannino and Ronald Cotton, with Erin Torneo

    [Editors' Note: After the break, this post includes the author's first-hand account of a violent crime that may not be appropriate for all readers.]


    By Jennifer Thompson-Cannino, a mother and advocate for judicial reform 

    As I travel across America telling our story, one of the most common questions I hear is, "How long did it take you two to write your book"? It took 25 years.

    In July of 1984, I attended Elon College, a small school nestled beside Burlington, N.C. Living off-campus, I studied hard, worked two jobs, and dated my long-term boyfriend. It was a particularly hot summer, with both the temperature and humidity consistently high. My boyfriend and I spent one of those sticky, July days together playing tennis and later going out to dinner. We planned to attend a party that night, but a raging headache sent me home around 9 p.m. and I went to bed under a loud and rattling air conditioning unit hanging over my bed. I never heard the break-in, but the clock read 3 a.m. when I sensed a presence in the room. The sound of feet sliding on carpet and a brush against my left arm sharpened my consciousness.

    "Who is it? Who's there?" I asked. In the blink of an eye he was on top of me, and I felt a cold, sharp object go to me throat. My screams were quickly muffled with a gloved hand and the violent command "Shut up or I'll kill you!" Every nerve ending was on high alert; I knew that my life was in grave danger, and there was nothing I could do to prevent him from killing me. Images of my mother and father filing into the morgue flashed through my mind. I would never see another sunset, tell my family that I loved them, attend graduate school or be a mom. I could not defend myself, and this horrible monster knew it.

  • February 4, 2010
    Check out the revamped online version of Harvard Law & Policy Review (HLPR), the official journal of ACS. The new Web site includes journal articles and frequently updated content, including commentary on legal and policy issues, book reviews and a forum for student writing. The recent issue of HLPR explores solutions to the nation's soaring incarceration rates and includes articles by Sharon Dolovich, Judge Nancy Gertner, and Nkechi Taifa and Catherine Beane.

    Archived journal articles, many influential, are also available online, including a 2008 article by the late Sen. Edward Kennedy called "Restoring the Civil rights Division." That article was cited in a recent speech before ACS by Assistant Attorney General for the Civil Rights Division Thomas E. Perez. Another journal article, by Cornell University scholars Kevin Clermont and Stewart Schwab, featuring information showing that employment discrimination lawsuits face uphill struggles in the federal courts, was highlighted by Senate Judiciary Chairman Patrick Leahy in a committee hearing. A recently featured article on the HLPR Web site, by Columbia Law School professor Jamal Greene studies "originalism" in context of the Supreme Court's ruling in District of Columbia v. Heller, in which the 5-4 majority led by Justice Antonin Scalia found that the Constitution does protect an individual right to posses firearms. 

  • February 4, 2010

    Dawn Johnsen's nomination to lead the Justice Department's Office of Legal Counsel (OLC) was delayed again by the Senate Judiciary Committee this morning. Johnsen, a former member of the ACS Board of Directors, was first announced as President Obama's OLC nomination in January 2009. After prior support of the Senate Judiciary Committee, Johnsen's nomination spent the better part of 2009 -- a year of unprecedented obstruction -- languishing on the Senate floor without a vote.

    The New York Times and The Wall Street Journal published editorials today staking out opposing views on Johnsen's nomination. This battle of the editorial boards follows last week's Los Angeles Times editorial stating that "the obstruction of this nomination is and always has been unjustified."

    The Journal's editorial criticized Johnsen for her views on the OLC's role under the Bush administration, when that office produced the infamous "torture memos," noting: 

    During the Bush years she [Johnsen] has said that OLC gave "horrific legal advice" and "advice premised on an extreme and unfounded view of presidential power to justify desired counter terrorism policies." On issues such as the use of domestic electronic surveillance or interrogation policies, she has called the Bush Administration's practices controversial and "sometimes flatly illegal."

    Considering these same facts, The Times editorial called Johnsen "a highly qualified choice" whose nomination has drawn "baseless objections" causing "unreasonable delay."

  • February 3, 2010

    Attorney General Eric Holder joined the Obama administration's counterattack on the handling of Umar Farouk Abdulmutallab, who allegedly attempted to bomb a flight landing in Detroit on Christmas Day.

    The volley began when critics accused the administration of ignoring national security in favor prosecuting Abdulmutallab in a domestic court. They argued that this was evidenced by detaining Abdulmutallab as a criminal, not as an "enemy combatant." The Attorney General, a former member of the ACS Board of Directors, joined the fray after threats were announced to block domestic trials of terror suspects.

    His sharply worded letter to Senate Minority Leader Mitch McConnell reads, in part:

    Some have argued that had Abdulmutallab been declared an enemy combatant, the government could have held him indefinitely without providing him access to an attorney. But the government's legal authority to do so is far from clear. In fact, when the Bush administration attempted to deny Jose Padilla access to an attorney, a federal judge in New York rejected that position, ruling that Padilla must be allowed to meet with his lawyer. Notably, the judge in that case was Michael Mukasey, my predecessor as Attorney General. In fact, there is no court-approved system currently in place in which suspected terrorists captured inside the United States can be detained and held without access to an attorney; nor is there any known mechanism to persuade an uncooperative individual to talk to the government that has been proven more effective than the criminal justice system. 

    Holder's point about the efficacy of the criminal justice system builds on recent reports that Abdulmutallab is in fact cooperating with authorities and providing actionable intelligence. The Attorney General seemed keen to demonstrate the administration's dedication both to the rule of law and national security.