A judge with that much integrity --- I'd rather he stayed on the bench.

If you are an enemy -- or even possibly an enemy --in Times of War, George Bush must have the right to do anything to you. Otherwise, the terrorists win!

I'm posting early so does that make me Al?

Okay here goes:

Always click the link!!!
It's obvious this is more liberal sour grapes. Luttig, an obvious RINO is attempting to rip the carpet out from under President Bush because he was overlooked for a spot on the Supreme Court. Apparently Bush saw through his "conservative" facade and went with stalwarts, Roberts, Myers, and Alito.

Can't you liberals ever tell the whole truth without the constant lies and dissembling?

Okay--how'd I do?

When this administration says something is critical to the war on terror, what it really means is that it's politically convenient.

By jove, I think Kevin's got it!

Hm. I think Luttig actually wanted to take the job at Boeing. The guy has been on the bench for 15 years and he just found out that he didn't get picked by Bush for the Supreme Court (he was on the shortlist; now there probably won't be another retirement for a couple of years).

I think this says more about the values of Republicans in general than it does about Luttig's purported break with the Bush administration: there's no way most progressive judges would desert the job they believe in to make a few million bucks as the general counsel for Boeing.

Boy are these guys slow learners.

Looks like another Former Republican has just been born.
Welcome to the new life, Judge Luttig!

When this administration says something is critical to the war on terror, what it really means is that it's politically convenient.

In other news, dog bites man.

Try and convince me that if a Democrat was the President, he would have fought the war against our terrorist enemies with as much vigor even at the risk of alienating its intensely loyal political supporters like a heavy weight intellectual such as Luttig. That is if the alienation of Luttig from the administration is really what happened here, though I am reluctant to believe the news from sources cited by Kevin.

Remember Occam's razor....the simplest explanation is the most likely one. It seems extremely doubtful that Luttig resigned over prrinciple, but rather over MONEY.

He knew that he had no chance of getting on the SCOTUS so he jumped at the chance to take a lucrative position with one of our corporate overlords.

If he really wanted to defeat Bushco, he would have stayed on the bench.

"Try and convince me that if a Democrat was the President, he would have fought the war against our terrorist enemies with as much vigor..."

Why bother to "try and convince" you? Your idea of vigor is a guy with a strap-on in his phony flight suit. If it's all going so well, why do you bother to argue about it?

Tbrosz: "Sources cited by Kevin"? I cited the Wall Street Journal. What were you hoping for?

Al?, fine job. you twisted logic like a pretzel, just as the real al would!

tbrosz wrote: "Try and convince me that if a Democrat was the President, he would have fought the war against our terrorist enemies with as much vigor..."

Assuming you are not the fake tbrosz, try and convince me that flip-flopping on Padilla's enemy combatant status at a politically convienent moment is indicative of prosecuting the war on terror with vigor.

Maybe a Democratic president would have politicized the war on terror like this, maybe not, but don't try and hand us this BS about how everything Bush does in cases like these is about winning the war.

Why should anyone bother trying to persuade a member of the dead-ender 30%, tbrosz?

Tbrosz, vigor without competence is like... you.

Bush has elevated al Queda from criminals who happened to score big to mythic uber-terrorists. I'd thank Bush to apply a little less rigor when being so incompetent.

You see Kevin, once you have cited the WSJ it is now tainted in tbrosz's eyes. Only sources too ridiculous fo you to cite are considered legit.

The story that Luttig was pissed at the admin's tactics is old news. It may be that he felt betrayed, but I am sure that high paying job at Boeing he is taking helped ease his pain.

Tbrosz: "Sources cited by Kevin"? I cited the Wall Street Journal. What were you hoping for?

Caught by the fake tbrosz, you were.

(Yoda impression at no extra charge.)

Luttig appears from the WSJ article to be a corporate police-state-loving operative of the worst kind and has trained a generation of like minded horrors now serving the GOP and the Bush administration. I think he was just throwing a hissy fit here.

Check out this part of the WSJ article about telling the Bush adminstration lawyer how he should frame an argument for Federal executive powers little different from domestic marshal law :

At oral arguments in the Padilla case last year, Judge Luttig laid out a clear theory by which the Second Circuit's reasoning could be rebutted, at times seeming to lead the government's lawyer, Solicitor General Paul Clement, along with him.

After Mr. Clement referred to the Padilla incarceration as a "nonbattlefield detention," Judge Luttig suggested another approach. "In effect, Mr. Clement, doesn't the United States have to be arguing that, at least in the war on terror, the battlefield includes the United States?" the judge asked. After repeated pressing, Mr. Clement agreed: "I am prepared to say that this is a battlefield."

What, Bush disloyal to someone who showed him loyalty?

That just never happens . . .

. . . ask Colin Powell!

;-)

At the core of Luttig's efforts on behalf of the government's position was a core faith in the integrity of the Administration. "I assumed they had a really good reason" for incarcerating Padilla, he said.

So he went to bat for them and twisted arms of the other two judges on the panel with him, and delivered the result. Only to find out that no, they didn't really, and would be happy to transfer him to civilian authority if it was convenient to them.

I don't wonder at his subsequent actions, I only wonder at how Judge Luttig managed to get to his age and position without developing some, er, skepticism. Lawyers are supposed to be trained in critical thinking, no?

Though, I say let's don't spend energy trashing Judge Luttig, but keep our focus on the real threat to the Constitution -- the current administration. What makes them such a threat is their very shallowness and lack of principles as shown by this case.

ChetBob has what I think is a good point. The assertion that the USA is one of the battlefields in the woron terra is a real "Eek!" generator for me.

I suppose there is a silver lining. After all, if Porter Goss has a concealed weapons permit, a future President might be able to have him rendered to Kazakhstan to answer a few questions before the decision is overturned. Or say, Karl Rove.
It would be irresponsible to not do so!

Damn you ChetBob! Now I have Pat Benatar in my head because of the last 3 words of that post.

"Okay--how'd I do?
Posted by: Al? on May 11, 2006 at 12:31 PM |"

Not bad, but you mis-spelled "LIEberals;" 3 demerits. Watch 5 hours of FoxNews, and say "The President has a clear strategy for victory in Iraq!" ten times.

Always click the link!!!
It's obvious this is more liberal sour grapes. Luttig, an obvious RINO is attempting to rip the carpet out from under President Bush because he was overlooked for a spot on the Supreme Court. Apparently Bush saw through his "conservative" facade and went with stalwarts, Roberts, Myers, and Alito.

i clicked the link and all i could find to point to this statement was the response from the bush adm.
it seems to me that after the judge got dumped on by this man-uver he felt the need for a shower and responded .
where i come frome actions speak louder than spin

Try and convince me that if a Democrat was the President, he would have fought the war against our terrorist enemies with as much vigor

Aparently, fighting the war with vigor means changing the reason for the war every time the last one is proven bogus. Vigor also means going in with no plan for what happens after defeating Saddam's Army, which, face it, was the easy part. Vigor also means going from "Wanted, Dead or Alive" to "We've inconvienenced him" (or whatever bullshit word he used in the campaign).

I doubt I can convince you of anything, but my fervent hope is that whatever Democrat President gets to lead in the war on terror certainly doesn't match Bush's vigor.

rockcrawler: where i come frome actions speak louder than spin

Where you come from, little green men rule the Earth.

Better find your anti-psychotics, and quickly!

BTW, if actions speak louder than spin, you must be really disappointed in Bush's failures in Iraq, the economy, capturing bin Laden, port security, Social Security reform, Every Child Left Behind, Roadmap to Nowhere, and his Global Whine on Terror.

*sigh* Why does Judge Luttig hate America...?

BTW, if actions speak louder than spin, you must be really disappointed in Bush's failures in Iraq, the economy, capturing bin Laden, port security, Social Security reform, Every Child Left Behind, Roadmap to Nowhere, and his Global Whine on Terror.

sorry was there some confusion about that

bush/spin verses judge/action

there's no way most progressive judges would desert the job they believe in to make a few million bucks as the general counsel for Boeing.

Posted by: JR on May 11, 2006 at 12:35 PM | PERMALINK

That's because they enjoy engaging in judicial activism more. What's the point of being a know-it-all busybody if you can't impose your political views on the body politic?

A Lot of Speculation Going On

In the interview, Luttig said that "no one can or should plan their life around a potential Supreme Court vacancy. This decision had nothing whatsoever to do with the Supreme Court process. It was about my family and my son and daughter."

This doesnt stop some from speculating that he is not being honest. From the NRO:
"It is hard not to speculate that his decision to leave the bench for the private sector is motivated, at least in part, by a belief he is no longer a likely nominee to the U.S. Supreme Court."
http://bench.nationalreview.com/post/?q=NDhlMmUwNzc5MzhiNzVmOGY1NDBlNDljOWE2ZDc2ZTQ=

Furthermore, Lutig's loss of respect in the Bush administration might have played a role, but this is also highly speculative especially since his resignation means Bush is getting to name his replacement.

Perhaps Lutig didnt care as much about the administration of justice as everyone thought he did? Perhaps his recent decision made him rethink his life's priorities?

Who knows why he left, however, the handling of the Padilla case and the cynical manipulation of the court system by the Bush administration certainly might have influenced his decision. Then again, maybe we should just take him for his word when he says he is doing it mostly for the money.

Occam's razor indeed. If he wants to spend time w/ his family, as implied, going to be GC of Boeing is not the way to do it.

Clearly he is pissed he got passed over for the SCT and sandbagged by the admin. on Padilla. He's not going to stop drinking the koolaid, but he's out to get some moolah for himself. And what better way to do it then hook up with a BIG Defense contractor? How nice.

Vigor without competence is just wankery. All of the vigorous 101st Fighting Keyboarders are living proof of this statement.

And then the supreme court dropped the ball -- saying in essence that the squirrelly maneuver had succeeding in making the current defense appeal "hypothetical".

Kevin, why can't you tell the whole story? Luttig's rant was overturned unanimously by the Supreme Court. Maybe it was his embarassment at being exposed as a pure whiney ass tittie baby that led to this resignation.

If this Luttig fucker were at least a patriot, he would publicly denounce Bush and his administration for playing politics with national security. Instead he resigns and takes a job representing a defense contractor at about $1 Million/year. Is it a payoff to keep quiet?

What's the point of being a know-it-all busybody if you can't impose your political views on the body politic?

I'm not sure, but I'll make sure to ask Scalia that the next time I see him. I'll even make sure to ask in Sicilian....

Scalia will most probably understand a hand gesture better.

Atrios?: Luttig's rant was overturned unanimously by the Supreme Court.

Atrios? obviously missing the point.

I think it's about the money plus the fact that he knows that he pissed off enough political appointees with the Padilla order THAT HE WILL NEVER GET ON THE SUPREME COURT.

Atrios?, you don't know what you are talking about. As the original article says, Luttig issued "a carefully worded order refusing to move Mr. Padilla until the Supreme Court decided what to do." The Supreme Court did not overrule him, it simply allowed for him to be transferred. The Supreme Court had to be the decider b/c it will ultimately decide the outcome of the underlying case, which the gov't tried to avoid allowing to reach the Supreme Court at this point b/c it knows it would lose.

"Try and convince me that if a Democrat was the President, he would have fought the war against our terrorist enemies with as much vigor ..."

No, thank you, tbrosz.

Why would I want to hit my head against your brick wall of ignorant conviction?

Anyone who's been here for a while understands the futility of trying to convince you of anything reasonable.

Basically, the Bush administration argued for years that it was absolutely essential to the war on terror for Padilla to be locked up as an enemy combatant in a military prison, but then, suddenly and cynically, changed its mind when it looked like there was a chance that Padilla might appeal this decision to the Supreme Court and win.

Why is such an action overly political or cynical?

It seems to me that, if you belive policy "A" is right for the country, and you know a certain court action could bring about a judgement detrimental to carrying out said policy, it simply makes sense to make a tactical retreat. It's called choosing your battles. I think Luttig's being a little drama queen over this. Apparently you liberals won't be satisfied until Bush decided to outsource the relevant policy making to the ACLU.

Feeding the trolls is pointless.

When they're the fake trolls, even more so.

What he SHOULD have done was stay on in his position and fight the Bushies. Now they'll just replace him with a yesman and go on their marry way.

The following excerpt is taken from a e-mail from a law clerk in the 4th Circuit that was sent to Jonah Goldberg and posted in the Corner.

"I also don't think conservatives have paid enough attention to how embarrassingly wrong he was in his opinion refusing to transfer Padilla, regardless of what we think as a policy matter of the decision to charge him in the civilian system (a decision I think was ill-advised). There are good reasons to wonder whether someone who would write such an opinion should have been nominated to the Supreme Court.

The Padilla opinion might have made a good newspaper op-ed, but it was reversed unanimously by the Supreme Court for the very good reason that no legal basis exists for the judiciary to force the President to keep someone in military custody. Luttig never identified any basis for this totally novel judicial power. Padilla didn't want to be in military custody, the President didn't want to keep him in military custody, and that should have been the end of the matter, as Judge Traxler, a non-activist conservative not prone to placing written tantrums in the Federal Reports, recognized, as did every Justice of the Supreme Court. There's nothing noble or admirable about going off the rails and issuing an order not supported by any identifiable provision of law, that also isn't sought by either of the parties before the court. We don't have a European system of inquisitorial justice where judges are entrepeneurs who can roam widely and "do justice" in that fashion, and the worst possible place to start with such an approach would be in the context of the President's power as Commander in Chief over military detentions."

I am not familar enough with Luttig's decision in the Padilla case to comment. Just thought it was worthy of posting given who wrote it.

Oh and Stefan and lib, I'm sure I can speak for Justice Scalia by saying "I got your hand gestures right here buddy!!!" lol

Viv,

If you believe policy "A" is right you should be willing to test it in Court.

Its called due process. A nation of laws. Democracy.

While I may not personally agree with his views, I am absolutely thrilled that my employer grabbed him.

Viv: It seems to me that, if you belive policy "A" is right for the country, and you know a certain court action could bring about a judgement detrimental to carrying out said policy, it simply makes sense to make a tactical retreat.

A tactical retreat from both reality and legality.

Nice trick.

But that's all it is.

I guess that means it was alright for Clinton to lie, because he knew what was right for the country, to get on with the business of government rather than self-righteous rightwing moralizing, and that was simply a tactical retreat from a potentially adverse court ruling.

And of course it is okay for Iran to keep IAEA inspectors out, so they can tactically avoid an adverse IAEA finding on their nuclear programs and do what's in the best interest of their country.

Gotcha.

. . . a law clerk in the 4th Circuit . . .

Yeah, now that's a credible source! A law clerk from the most conservative and partisan ciruit.

Think not.

There's nothing noble or admirable about going off the rails and issuing an order not supported by any identifiable provision of law, that also isn't sought by either of the parties before the court.

Like Bush v. Gore, eh?

"For some reason, Luttig found this unacceptable. And so he's gone."

This doesn't necessarily follow. The article doesn't source anyone as saying Luttig was forced out. "Source familiar with [his] thinking" blah blah.

I don't believe it's even possible for the Executive Branch to fire an Article III judge. That can only be done by Congress (I think), and then only as a result of bad behavior.

The job was his as long as he wanted it. Kudos to him for sticking it to the administration over the Padilla case, but now he's kinda undercutting his own message. If he's that disgusted with Bush et. al., why doesn't he stay in office where he can actively oppose further politicization? Especially considering the Fourth Circuit's reputation as Bush's home field advantage?

A conservative judge with at least some integrity? Now we know why he didn't get one of the Supreme Court vacancies.

Here's another money quote from the WSJ piece:

People close to the Bush administration see it differently. They dismiss Judge Luttig's opinion as a judicial tantrum, noting that it came after he was passed over three times for a Supreme Court position. President Bush nominated Judge Roberts, Harriet Miers (who withdrew) and Judge Samuel Alito.

These people do not admit the existence of the thing called "principle". Everything is politics to them.

Beb:

If he had integrity he would have made his original Padilla decision on the law, not on informal understandings and personal relationships. It's also disgraceful that the other two judges went along with this. Granted, he's not a complete Bush zombie and has some pride. But he should be gone. Is there a 'strict constructionist' with the courage of his or her convictions sitting on the bench anywhere?

DanG

And also this:

The judge's letter was noteworthy in part for what it didn't say. Instead of praising President Bush, he expressed his "heartfelt thanks to your father, because of whom my professional dreams in life came true."

Wow. Now that is a diss.

I will probably never agree with anything Michael Luttig ever says again in his career, given his political sympathies. But what's happening here is all rooted in the internal inconsistencies and incoherence of the conservative political mind. The Padilla case threw that incoherence into high relief, and made it clear that the real No.1 conservative principle at this point is "The Fuhrer is always right" - which has increasingly forced conservatives to wend their way through tortuous and insane travesties of reasoning over the past 5 years. When you force your followers to commit to such insanely convoluted arguments, you run the risk of eventually losing those of them who still retain some semblance of an intellectual conscience, particularly those who, like judges, have a professional stake in being seen to take their own statements and arguments seriously (except of course for Justice Scalia, who is freely willing to admit that his decision in Bush v. Gore was based on personal prejudice). Anyway, the Piper took one too many sharp turns for Luttig, and he stopped following.

I second DanG!
An Appeals Court decision written because of"special circumstances" by someone who clerked at USSC, and was aide to CJUSSC, in and of itself should be grounds for removing him from any further consideration for higher office.
The Padilla decision was not about whether he was righthanded and the gun was in the left hand and it was Friday and he was at work and his cousin was on the phone with him at 10:34 and he was at the ATM......
This decision was to find if there are ANY limits to "I say so".
An American citizen, arrested on American soil, incarcerrated indefinitely on the sole "word" of the President.
John Yoo or Thomas Paine!

The bill has come due to the adminstration, and the WSJ knows this. The publishing of the Iran letter was only the first polite dunning letter.

We're starting at 29% approval, and that's before they have even begun to try to save themselves. They are still in fantasy land that they can PR out of this. The administration does not look like to last out the summer.

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