-Caveat Lector-
>From Boston Herald . CoM
> Clinton's judges: Peas out of a pod
> by Don Feder
>
> Wednesday, June 9, 1999
>
>
>
>
>
> Here's a delicious irony: Bill Clinton, who six months ago was
> impeached for lying under oath and obstruction of justice, could
end
> up appointing more judges than any of his predecessors.
>
> To date, Clinton has put 306 of his soulmates on the bench, close
to
> President Reagan's record of 385. By the end of his second term,
the
> perjurer in chief could have appointed 40 percent of the entire
> federal judiciary.
>
> But in the twilight of his tenure, the confirmation process has
slowed
> to a crawl. The usually compliant Orrin Hatch, chairman of the
Senate
> Judiciary Committee, hasn't held a confirmation hearing this year -
> which has set the establishment to whining about the unfairness of
it
> all.
>
> Clinton's judicial picks get high marks for diversity, we're told.
His
> choices for the Supreme Court are praised, with a perfectly
straight
> face, as middle-of-the-roaders.
>
> This president's judicial nominations are diverse where it matters
> least - gender and race. Intellectually, they reflect all the
variety
> of Stalinists at a party congress, not to mention the same
political
> leanings.
>
> Take Claudia Wilken, one of Clinton's first appointments, who was
> placed on the U.S. District Court for Northern California in 1993.
In
> 1997, Wilken invalidated California's popularly enacted
> term-limitation amendment.
>
> Casting about for a rationale, Wilken determined term limits
violate
> the 14th Amendment because voters who prefer politicians who've
been
> in office for eternity can't vote for their hacks of choice.
>
> How this view could be reconciled with the 22nd Amendment to the
> Constitution, limiting presidents to two terms in office, Wilken
> didn't say. After it stopped laughing, the Supreme Court overturned
> the decision.
>
> Fast forward to 1998, when Wilken held that San Francisco was
> perfectly within its rights in forcing companies that do business
with
> the city to provide health insurance for domestic partners on the
same
> basis as spouses.
>
> The ordinance is constitutional because it ``effectuates a
legitimate
> local public interest to combat discrimination on the basis of
sexual
> orientation,'' Wilken insisted in an opinion that read like a
> manifesto.
>
> A typical Clinton appointee, Wilken reasons that if she likes a
thing
> it must be constitutional; if she doesn't, it goes without saying
that
> it violates the law of the land.
>
> Another of Clinton's Oliver Wendells, William Fletcher, went to a
> federal appeals court despite a total lack of courtroom experience.
> Who needs experience when he has theories? A former law professor,
> Fletcher believes judges may declare legislatures ``chronically in
> default'' and assume their functions. He says out loud what most
> Clinton appointees believe in their hearts.
>
> Other Clinton judges have: enjoined the enforcement of a state ban
on
> partial-birth abortions, rejected a student-initiated graduation
> prayer, forced an Ohio municipality to remove a cross from its city
> seal and voted to overturn a federal law restricting the broadcast
of
> obscene material to the hours of 10 p.m. to 6 a.m.
>
> But doubtless, Clinton's crowning achievement was the nomination of
> Frederica Massiah-Jackson to one of the district courts. A state
judge
> from Philadelphia, Massiah-Jackson was forced to withdraw when
> Republican senators (in a rare show of determination) said, ``No
way
> in hell!''
>
> Massiah-Jackson's record was described by Philadelphia's Democratic
> district attorney as ``replete with instances of leniency toward
> criminals, an adversarial attitude toward police and a hostile
> attitude toward prosecutors.''
>
> Her acquittal rate was 60 percent higher than the average for
> Philadelphia judges; her sentences were twice as lenient. She once
> swore at a prosecutor in her courtroom and on another occasion
> declared that both capital punishment and three-strikes laws are
> racist and unconstitutional.
>
> Given her brilliance, it's a wonder the president didn't nominate
> Massiah-Jackson for the Supreme Court. Instead, he chose those
> notorious moderates Ruth Bader Ginsberg and Stephen Breyer, who have
> consistently taken an activist approach on everything from religion in
> the public sphere to term limitation to racial preferences.
>
> Republicans, who pay lip-service to judicial restraint, have been far
> too obliging to this president. As Tom Jipping of the Free Congress
> Foundation notes, when Democrats controlled the Senate and Republicans
> the White House from 1987 to 1992, Congress denied hearings to an
> average of 7.3 GOP judicial nominees a year. When the roles were
> reversed (1995 to 1998), on average Republicans blocked hearings
for
> only 4.3 Democratic nominees each year.
>
> Given this president's demonstrated contempt for our system of
> justice, it would be fitting to call a moratorium on any further
> Clinton judicial appointments. It would also be a blow for
> representative government.
>From www.beograd.com
> FOR IMMEDIATE RELEASE
> JUNE 7, 1999 9:00 A.M.
>
>
> LAWYERS TO MEET WITH PROSECUTOR OVER
> WAR CRIMES CHARGES AGAINST NATO
>
>
> Lawyers from three NATO countries and the American Association of
> Jurists will meet with Chief Prosecutor Judge Louise Arbour at The
> Hague on June 9 to discuss charging NATO leaders with war crimes for
> the way in which they have conducted the war against Yugolsavia.
>
> The three separate complaints, originating from Canada, Greece and the
> United Kingdom, charge the individual NATO leaders with violations of
> international criminal law in causing civilian death, injury and
> destruction in the bombing campaign that started on March 24.
>
> The crimes charged are similar to those for which the Tribunal issued
> indictments two weeks ago against Serbian authorities, including
> President Slobodan Milosevic . They include "grave violations of
> international humanitarian law" including "wilful killing, wilfully
> causing great suffering and serious injury to body and health,
> employment of poisonous weapons and other weapons to cause unnecessary
> suffering, wanton destruction of cities, towns and villages, unlawful
> attacks on civilian objects, devastation not necessitated by military
> objectives, attacks on undefended buildings and dwellings, destruction
> and wilful damage done to institutions dedicated to religion, charity
> and education, the arts and sciences."
>
> The Tribunal has compulsory jurisdiction over the individual leaders
> and the offences are punishable with up to life imprisonment.
>
> The lawyers will meet with the Justice Arbour at Tribunal headquarters
> in The Hague on Wednesday to discuss their charges and to urge her to
> proceed upon them.
>
> The Canadian complaint charges 67 named individual leaders including
> American President Bill Clinton, Secretary of State Madeleine
> Albright, Canadian Prime Minister Jean Chretien, NATO officials Javier
> Solana, Wesley Clark and Jamie Shea. It was drafted by law professors
> from Toronto's York University and lawyers with the American
> Association of Jurists.
>
> The Greek complaint charges "NATO's political and military leaders and
> all responsible NATO personnel." It was drafted by international
> lawyer Alexander Lykourezos of Athens and has been signed by more than
> 1,000 Greek citizens.
>
> The United Kingdom complaint was drafted by international lawyer Glen
> Rangwala of Cambridge University on behalf of the Movement for the
> Advancement of International Criminal Law. Its charges are directed
> against British Prime Minister Tony Blair, Foreign Secretary Robin
> Cook and Defence Secretary George Robertson.
>
> Details of the complaints can be found at the following web-sites:
> http://www.nato-warcrimes.gr/ http://www.jurist.law.pitt.edu/icty.htm/
> http://ban.joh.cam.ac.uk/~maicl/
>
> For further information, contact
> Mr. Alexander Lykourezos in Athens (tel.: +301-3607913-4; e-mail:
> [EMAIL PROTECTED]) Professor Michael Mandel in Toronto (tel.:
> 416-736-5039; e-mail: [EMAIL PROTECTED]) Mr. Glen Rangwala in Cambridge
> (tel.: 44-1223-462187; e-mail: [EMAIL PROTECTED]) Mr. Alejandro
> Teitelbaum in Geneva (tel.: 33-4-78-30-87-78; e-mail:
> [EMAIL PROTECTED])
A<>E<>R
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