Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (voice)
217-244-1478 (fax)
[email protected]
(personal comments only)
 


-----Original Message-----
From: Institute for Public Accuracy [mailto:[email protected]] 
Sent: Thursday, August 18, 2005 1:55 PM
To: Institute for Public Accuracy
Subject: Scrutinizing Roberts -- Interviews Available


Institute for Public Accuracy
915 National Press Building, Washington, D.C. 20045
(202) 347-0020 * http://www.accuracy.org * [email protected]
___________________________________________________

         PM Thursday, August 18, 2005

         Interviews Available

         Law Professors Scrutinize Roberts
         * Quid Pro Quo?  * Guant?namo Ruling  * Federalist Society

DAVID LUBAN, (301) 864-0020, (202) 662-9806, cell: (301) 335-5506, 
[email protected], http://www.slate.com/id/2124603/?nav=tap3
      The Washington Post reports today that "Judge John G. Roberts Jr. was 
interviewing for a possible Supreme Court nomination with top Bush 
administration officials at the same time he was presiding over a terrorism 
case of significant importance to President Bush." 
[<http://www.washingtonpost.com/wp-dyn/content/article/2005/08/16/AR20050816
01561.html>].
      Professor of law at Georgetown University, Luban co-authored the 
recent article "Improper Advances: Talking Dream Jobs With the Judge Out of 
Court" in which he wrote: "Four days before President Bush nominated John 
G. Roberts to the Supreme Court on July 19, an appeals court panel of three 
judges, including Judge Roberts, handed the Bush administration a big 
victory in a hotly contested challenge to the president's military 
commissions. The challenge was brought by Salim Ahmed Hamdan, a Guant?namo 
detainee. President Bush was a defendant in the case because he had 
personally, in writing, found 'reason to believe' that Hamdan was a 
terrorist subject to military tribunals. The appeals court upheld the rules 
the president had authorized for these military commissions, and it 
rejected Hamdan's human rights claims -- including claims for protection 
under the Geneva Conventions."

MICHAEL RATNER, (845) 657-2135, [email protected], 
http://www.humanrightsnow.org, 
http://www.democracynow.org/article.pl?sid=05/08/18/1331253
      President of the Center for Constitutional Rights, Ratner is 
co-author of the book "Guant?namo: What the World Should Know." He said 
today: "The news that potential Supreme Court nominee John Roberts was 
interviewed for the court seat by Attorney General Gonzales, Vice President 
Cheney and others while he was deciding a case that went to the heart of 
the legality of the administration's so-called 'war on terror' should 
finish off his nomination. The central issue of Hamdan v. Rumsfeld was the 
application of the Geneva Convention to alleged terrorist detainees. The 
policy was crafted by the very people who were interviewing Roberts for his 
new job. He would have every reason to make sure his decision did not 
disagree with the administration: and it did not. The legal standard set 
forth in the U.S. law is that a judge should remove himself if his 
'impartiality might reasonably be questioned.' No doubt about that -- 
Roberts should have recused himself once the interviews commenced. His 
failure to do so should prevent his gaining a high court seat. But it may 
even raise more serious questions. Was Roberts being offered a bribe for 
his vote? People may recall that during the Daniel Ellsberg 'Pentagon 
Papers' trial, Nixon and his aides offered the judge the top FBI position. 
It was considered as a bribe by many and an impeachable offense. Is there 
really any difference in the two cases?"

FRANCIS BOYLE, (217) 333-7954, [email protected], 
http://www.ratical.org/ratville/CAH/hijakjustice.html
      Professor of international law at the University of Illinois, Boyle 
said today: "In his answers to the Senate Judiciary Committee, John Roberts 
stated that he had 'no recollection' of his membership in the Federalist 
Society and being on its Steering Committee for Washington, D.C. 
Nevertheless, a high-level official in the Federalist Society has confirmed 
Roberts' membership, and it has also been confirmed that all Federalist 
Society members pay dues. In other words, Roberts lied to Congress, which 
is a crime in its own right. For that reason alone, Roberts is disqualified 
to be confirmed by the U.S. Senate as an Associate Justice of the U.S. 
Supreme Court. ... The Senate Judiciary Committee must grill Roberts on all 
the positions and activities of the Federalist Society and its prominent 
members before rejecting him, thus exposing before a national audience the 
pernicious and insidious role that the Federalist Society has played in the 
American legal profession for the past two decades."

For more information, contact at the Institute for Public Accuracy: Sam
Husseini, (202) 347-0020, (202) 421-6858; or David Zupan, (541) 484-9167

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