A Smoking-Gun E-mail Exposes the Bias of ‘The Hunting Ground’

National Review

A so-called documentary about campus rape, The Hunting Ground, is set to air Thursday on CNN, which co-produced it. But a newly available e-mail from an investigative producer of the film spectacularly belies its pretensions to be honest, balanced journalism. Instead, the e-mail adds to the large body of evidence that that the film is highly misleading if not dishonest.

Target of Wis. investigation accuses DA of criminal abuses of power

Legal Newsline

MILWAUKEE (Legal Newsline) – Milwaukee County District Attorney John Chisholm faces a deadline of Oct. 12 to decide whether to appoint a special prosecutor to investigate his own conduct. Whatever Chisholm decides will complicate the re-election bid of Republican Gov. Scott Walker, who is locked in a tenacious battle with Democrat Mary Burke. The carefully written, eight-page petition for a special prosecutor was filed by Eric O’Keefe, a free market activist at the center of Chisholm’s criminal probe of Walker and 29 allied conservative groups. O’Keefe filed his petition on Sept. 26 and made it public on Monday. It alleges […]

Scott Walker-prosecutor dodges new questions about ethics; Special prosecutor requested

Legal Newsline

MILWAUKEE (Legal Newsline) – Milwaukee district attorney John Chisholm, a Democrat, has criminally investigated Wisconsin Republican Governor Scott Walker and his political allies since 2012. The so-called “John Doe investigation” – coming on the heels of an earlier, similarly sweeping, two-year investigation of Walker and his staff – has been accompanied by highly unusual court-approved “gag orders,” barring the leaders of 29 conservative groups and other Walker associates from speaking out. One of those activists, Eric O’Keefe, and the Wisconsin Club for Growth, which he runs, filed a federal civil rights lawsuit saying that the entire investigation is a political […]

Decorated Wis. cop says he paid dearly for blowing whistle on DA’s crusade against Gov. Walker

Legal Newsline

MILWAUKEE (Legal Newsline) – After missing a scoop on Milwaukee District Attorney John Chisholm’s long-running investigation into Wisconsin Gov. Scott Walker, Milwaukee Journal Sentinel writers, along with the district attorney’s staff, hunted down the key source who had asked for anonymity, fearing retaliation. That story, produced by the American Media Institute and published by Legal Newsline last week, said that the district attorney’s wife was a teachers union shop steward, had taken part in demonstrations against the Republican governor’s proposal to curb public employee unions and was repeatedly moved to tears by governor’s legislative crusade. Chisholm, a Democrat, said privately […]

Gitmo Lawyers And CIA Photos

National Journal

Have you heard that Attorney General Eric Holder has appointed tough federal prosecutor Patrick Fitzgerald to take over a months-old investigation into whether defense lawyers associated with the American Civil Liberties Union illegally compromised CIA interrogators’ identities?

The Fitzgerald appointment, mentioned in passing by The Washington Times on March 15 and more fully reported by Newsweek on March 19, has at this writing been virtually ignored by almost all other news organizations. But it raises interesting questions.

The lawyers reportedly had private investigators surreptitiously take photos of men thought to be CIA interrogators, and then showed them to at least one of the four men accused along with Khalid Shaikh Mohammed of conspiring to launch the 9/11 attacks. In at least one instance, photos were said to have been found in a detainee’s Guantanamo Bay cell.

The tapping of Fitzgerald, the U.S. attorney in Chicago, may suggest that the Justice Department is taking very seriously an inquiry into the photo situation that was first reported last August by The Washington Post. Fitzgerald is an exceptionally aggressive prosecutor who is known for his investigation of Bush administration leaks of then-CIA agent Valerie Plame’s identity and his corruption indictment of former Illinois Gov. Rod Blagojevich.

The use of CIA operatives’ photos by ACLU-funded defense lawyers reinforces my concern that conventional rules of criminal justice and legal ethics — which tend to support what the lawyers reportedly did — may not be the best way to deal with mass-murder terrorists who wage war against the United States.

Opening Argument – Another Gonzales Horror Story

National Journal

Every day that Attorney General Alberto Gonzales is allowed to remain in office is corrosive to constitutional governance and an invitation to further politicization of the Justice Department.

That is the main lesson of former Deputy Attorney General James Comey’s astonishing revelations on May 15 about Gonzales’s sinister involvement in a March 2004 effort to continue a then-secret warrantless eavesdropping program after it had been declared unlawful by then-Attorney General John Ashcroft and his subordinates.

Meanwhile, the May 14 resignation of Paul McNulty, Comey’s successor as deputy attorney general, further depleted the ranks of principled professionals in the demoralized department, which Gonzales has been filling with inexperienced political hacks. In the words of Arlen Specter, the Senate Judiciary Committee’s senior Republican, as long as Gonzales is in charge, "it’s embarrassing for a professional to work for the Department of Justice."

Comey, testifying to the Senate Judiciary Committee, described an extraordinary scene the night of March 10, 2004, in George Washington University Hospital’s intensive care unit. Ashcroft, so sick with pancreatitis that he had designated Comey as acting attorney general, was drugged with painkillers after the removal of his gallbladder the day before.

Opening Argument – Should Reporters Go to Jail for Doing Their Jobs?

National Journal

This headline might seem to load the dice, in favor of creating a special privilege for us journalists to defy grand jury subpoenas demanding the names of our sources. But it really is that simple: Judith Miller, of The New York Times, and Matthew Cooper, of Time, will go to jail for contempt of court for as long as 18 months for refusing to betray their sources unless they win what look like uphill battles on appeal. Neither has done anything wrong or done anyone harm. Indeed, Miller wrote nothing at all about the matter in contention. Yet both face incarceration for honoring what any decent journalist would consider a cardinal professional and moral obligation. So do other reporters around the country who face a rising tide of prosecutorial demands for sources’ names. 

Perverting the Legal System: The Lead-Paint Rip-Off

National Journal

As tort reformers and trial lawyers resume their arcane battles, the costs of and damage done by our burgeoning lawsuit industry are mounting up, all around us. The total dollar amount awarded in the 100 largest jury verdicts in 2002 was more than three times the 2001 total, reports The National Law Journal. The direct costs to society from the tort liability system jumped by an inflation-adjusted 11 percent from 2000 to 2001, to $205 billion-"the equivalent of a 5 percent tax on wages"-according to a study released on February 11 by the actuarial firm Tillinghast-Towers Perrin (whose clients include most large insurers).

Greedy Lawyers Cheat Real Asbestos Victims

National Journal

Two recent developments dramatize how lawyer-plutocrats continue to obscenely enrich themselves by using massive asbestos lawsuits and a disgracefully dysfunctional litigation system to extort billions of dollars from American consumers every year. The lawyers blackmail mostly blameless companies, while cheating the real victims of asbestos.

Legal Affairs – Tobacco Lawyers and the Case For Cover-up Reform

National Journal

Two decades ago, when Big Tobacco still seemed invincible, a top Brown & Williamson attorney named Ernest Pepples laid out in stark terms what might be called the honesty option: "If we admit that smoking is harmful to heavy smokers, do we not admit that [the company] has killed a lot of people each year for a very long time? Moreover, if the evidence we have today is not significantly different from the evidence we had five years ago, might it not be argued that we have been `willfully’ killing our customers for this long period? Aside from the catastrophic civil damage and governmental regulation which would flow from such an admission, I foresee serious criminal liability problems."