-Caveat Lector-

Begin forwarded message:

From: Aaron Baldwin <[EMAIL PROTECTED]>
Date: August 18, 2005 1:56:11 PM PDT
To: Kris Milligen <[EMAIL PROTECTED]>, Linda Minor <[EMAIL PROTECTED]>
Subject: Tom Brune at Newsday Claims the White House Broke the Law 


Tom Brune writes in Newsday: "The White House broke
the law when it interviewed D.C. Circuit Judge John G.
Roberts last spring for the Supreme Court as he heard
a challenge to the president's military tribunals,
three legal ethicists said yesterday.

"Roberts, nominated by President George W. Bush on
July 19, should have recused himself from Hamdan v.
Rumsfeld to avoid an 'appearance of partiality,' the
professors said in the online magazine Slate."

Stephen Gillers, David J. Luban, and Steven Lubet
write in Slate: "Did administration officials or
Roberts ask whether it was proper to conduct
interviews for a possible Supreme Court nomination
while the judge was adjudicating the government's
much-disputed claims of expansive presidential powers?
Did they ask whether it was appropriate to do so
without informing opposing counsel?

"If they had asked, they would have discovered that
the interviews violated federal law on the
disqualification of judges."


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