Federal Government

2628 ABA Journal Federal Government articles.

SG Gets Bush Views in Securities Case

U.S. Solicitor General Paul Clement solicited President Bush’s views before declining to file an amicus brief in a Supreme Court case brought by investors seeking to hold third parties liable…

Ex-White House Counsel Miers Subpoenaed

The House Judiciary Committee will subpoena former White House counsel Harriet Miers to testify about her role in the firings of nine U.S. attorneys.

In the Senate, the Judiciary Committee…

E-Mail Debates Firing Response

E-mails released yesterday show that aides to President Bush helped determine the response to a controversy over the firings of nine U.S. attorneys.

Then-White House counsel Harriet Miers and aides…

Rehearing Sought in ‘Sleeper Agent’ Case

The U.S. Justice Department says it will ask a federal appeals court for an en banc rehearing of a three-judge panel’s ruling yesterday that the military could not hold a civilian indefinitely.

The 4th U.S. Circuit Court of Appeals in a 2-1 ruling said Ali Saleh Kahlah al-Marri could be charged with a crime, deported or held as a material witness. But he has a right to habeas corpus and must be released from military detention, the Richmond, Va.-based court said.

A Justice Department statement said al-Marri trained at Osama bin Laden’s terrorist training camp in Afghanistan and was an al-Qaida sleeper agent sent here to explore methods of disrupting the U.S. financial system.

Republicans Block Senate Vote on AG

After much media hoopla, a planned Senate vote of no confidence in U.S. Attorney General Alberto Gonzales was blocked by Republicans today.

Democrats were unable to muster the 60 votes…

Court Rebuffs Bush on Civilian Detainee

A federal appeals court has ruled the Bush administration does not have the authority to hold a civilian indefinitely in military detention.

The plaintiff, a suspected terrorist captured within the United States, has a right to habeas corpus, according to the ruling (PDF) today by the 4th U.S. Circuit Court of Appeals.

The suspect, Ali Saleh Kahlah al-Marri, must be released in a reasonable time period, the court said. However, the court said he can be turned over to civilian prosecutors to be tried on criminal charges.

“The president’s constitutional powers do not allow him to order the military to seize and detain indefinitely al-Marri without criminal process,” the court said.

The ruling is a major blow to the Bush administration’s assertion of broad powers to fight terrorism, according to the Washington Post.

Court Vacancies Lingering

A slowdown in federal court appointments has conservatives worried that President Bush is neglecting his chance to reshape federal courts.

Bush has not yet nominated candidates for eight federal appeals seats and 16 trial-level judgeships, the Washington Post reports.

The clock is ticking for the lame duck president, conservatives say. They point out that it can take a year to get candidates confirmed in a contentious environment.

White House Counsel Hires 10 Attorneys

Ongoing investigations of the Bush administration by the Democrat-controlled Congress are good news for attorneys seeking work in the White House.

White House Counsel Fred Fielding announced today that his…

DOJ Won’t Release Wiretapping Opinion

Two congressional Democrats have threatened to subpoena Justice Department documents related to the government’s domestic wiretapping program.

Steven Bradbury, who heads DOJ’s office of legal counsel, told a House Judiciary subcommittee yesterday that the documents would not be released because they are confidential.

The Democrats are seeking legal opinions that supported the wiretapping program and 2004 documents by Justice officials questioning its legality.

Cheney Involved in DOJ Debate

A revelation that Vice President Dick Cheney urged approval of a warrantless surveillance program in a meeting with Justice Department officials shows he was more involved in the debate than…

An Early List of Prosecutor Successors

Documents released yesterday appear to contradict statements by Justice Department officials that a group of potential replacements had not been identified before U.S. attorneys were fired.

Former chief of staff D. Kyle Sampson named five potential replacements months before the firings, the Washington Post reports.

An official with the conservative Federalist Society also forwarded the name of a potential replacement more than a year before the firings, according to the New York Times.

Libby Pardon a Sensitive Topic

President Bush has granted fewer pardons than most presidents and has said he will not be quick to grant one in the case of former aide I. Lewis Libby Jr.

Some conservatives are hoping Bush will change his mind and grant his 114th pardon to Libby.

The Washington Post reports the topic of a pardon is so sensitive that top presidential aides have not been kept in the loop and close friends have been advised not to bring it up.

Justice Department advisory guidelines for a pardon require the offender to show remorse and serve time.

Ex-DOJ Official Defends Hiring, Vote-Fraud Case

A former Justice Department official told the Senate Judiciary Committee yesterday that he recruited job applicants from conservative groups such as the Federalist Society and Heritage Foundation.

But Bradley J.…

Libby Gets 30-Month Sentence

Former White House aide I. Lewis “Scooter” Libby has been sentenced to 30 months in prison and fined $250,000 for lying to a grand jury and FBI agents.

U.S. District…

Libby Arrives for Sentencing

Former White House aide I. Lewis “Scooter” Libby has arrived at a federal courthouse in Washington, D.C., where he will learn his sentence for lying to a grand jury and…

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